S3058-2011 Actions

• May 16, 2011: RECOMMIT, ENACTING CLAUSE STRICKEN
• Feb 8, 2011: REFERRED TO HIGHER EDUCATION

S3058-2011 Memo

BILL NUMBER:S3058

TITLE OF BILL:
An act
to amend the education law, in relation to amending the definition of
the scope of practice of dentistry to authorize dentists who are
adequately trained to perform any procedure in the oral and
maxillofacial area

PURPOSE OR GENERAL IDEA OF BILL:
This bill would permit maxillofacial surgeons who have been granted
privileges to perform oral and maxillofacial surgery by a hospital to
perform any procedure in the oral and maxillofacial area regardless
of its relation to the oral cavity. It would eliminate the need to
rely on the emergency exception for those surgeons who do perform
such procedures.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend section 6601 of the education law, as added by
chapter 576 of the laws of 2001. It divides the scope of practice
section into two subdivisions. The second adds express authorization
for oral and maxillofacial surgeons to perform any procedure in the
oral and maxillofacial area provided the oral and maxillofacial
surgeon has been granted privileges by a hospital licensed by the
health department.

JUSTIFICATION:
Oral and Maxillofacial Surgeons are surgical specialists of the dental
profession. Like medical surgeons, Oral and Maxillofacial Surgeons
undergo long residencies of between four to six years. These
nationally accredited residencies involve hundreds of facial
surgeries, schooling in advanced biomedical sciences, hospital
surgery rotations and general anesthesia/deep sedation. surgical
concentrations are in four main areas: 1) trauma; 2) pathology; 3)
jaw surgery and 4) reconstructive and cosmetic surgery. Most Oral and
Maxillofacial Surgeons serve on hospital trauma teams to repair
facial injuries on accident victims. In 2001, chapter 576 expanded
and amended the scope of practice for dentistry to include the entire
oral and maxillofacial area as it related to restoring or maintaining
dental health.
This amendment would continue the scope's modernization by allowing
any procedure within that area to be performed by those Oral and
Maxillofacial Surgeons who have been granted privileges to perform
the procedure/s in a hospital licensed by the health department.

PRIOR LEGISLATIVE HISTORY:
2010 - Referred to Higher Education
2008 - Referred to Higher Education

FISCAL IMPLICATIONS:
Not Applicable.

EFFECTIVE DATE:
This act shall take effect immediately.

S3058-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3058

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 8, 2011
                                 ___________

  Introduced  by  Sens.  LIBOUS,  KLEIN, MAZIARZ -- read twice and ordered
    printed, and when printed to be committed to the Committee  on  Higher
    Education

  AN  ACT  to  amend  the education law, in relation to amending the defi-
    nition of the scope of practice of dentistry to authorize dentists who
    are adequately trained to perform any procedure in the oral and maxil-
    lofacial area

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section  6601 of the education law, as amended by chapter
  576 of the laws of 2001, is amended to read as follows:

    S 6601. Definition of practice of dentistry. 1. The  practice  of  the
  profession  of  dentistry is defined as diagnosing, treating, operating,
  or prescribing for any disease, pain,  injury,  deformity,  or  physical
  condition  of  the  oral and maxillofacial area related to restoring and
  maintaining dental  health.  The  practice  of  dentistry  includes  the
  prescribing  and  fabrication  of  dental prostheses and appliances. The
  practice of dentistry may include  performing  physical  evaluations  in
  conjunction with the provision of dental treatment.
    2. ANY ORAL AND MAXILLOFACIAL SURGEON AS DETERMINED BY THE DEPARTMENT,
  MAY PERFORM ANY ADDITIONAL SURGICAL PROCEDURE INVOLVING THE HARD OR SOFT
  TISSUES  OF THE ORAL AND MAXILLOFACIAL AREA, PROVIDED THAT HE OR SHE HAS
  BEEN GRANTED HOSPITAL PRIVILEGES  FOR  SUCH  SURGICAL  PROCEDURES  BY  A
  HOSPITAL LICENSED BY THE DEPARTMENT OF HEALTH.
    S 2. This act shall take effect immediately.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04769-01-1