S T A T E O F N E W Y O R K ________________________________________________________________________ 2820--A 2011-2012 Regular Sessions I N A S S E M B L Y January 20, 2011 ___________ Introduced by M. of A. MORELLE, ENGLEBRIGHT -- read once and referred to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the education law, in relation to amending the defi- nition of the scope of practice of dentistry to authorize certain dentists who are qualified and certified to perform any procedure in the oral and maxillofacial area; and to amend the public health law and the civil practice law and rules, in relation to the discipline and liability of dentists who are so qualified and certified THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 6601 of the education law, as amended by chapter 2 576 of the laws of 2001, is amended to read as follows: 3 S 6601. Definition of practice of dentistry. 1. The practice of the 4 profession of dentistry is defined as diagnosing, treating, operating, 5 or prescribing for any disease, pain, injury, deformity, or physical 6 condition of the oral and maxillofacial area related to restoring and 7 maintaining dental health. The practice of dentistry includes the 8 prescribing and fabrication of dental prostheses and appliances. The 9 practice of dentistry may include performing physical evaluations in 10 conjunction with the provision of dental treatment. 11 2. ANY ORAL AND MAXILLOFACIAL SURGEON CERTIFIED BY THE DEPARTMENT IN 12 ACCORDANCE WITH QUALIFICATIONS ESTABLISHED BY THE DEPARTMENT MAY PERFORM 13 ADDITIONAL SURGICAL PROCEDURES INVOLVING THE HARD OR SOFT TISSUES OF THE 14 ORAL AND MAXILLOFACIAL AREA. QUALIFICATIONS TO PERFORM SUCH ADDITIONAL 15 SURGICAL PROCEDURES SHALL INCLUDE BEING: (A) CERTIFIED BY THE AMERICAN 16 BOARD OF ORAL AND MAXILLOFACIAL SURGERY OR SUCH EQUIVALENT NATIONAL 17 CERTIFYING BOARD OR ORGANIZATION ACCEPTABLE TO THE COMMISSIONER FOR SUCH 18 ADDITIONAL SURGICAL PROCEDURES, AND (B) GRANTED HOSPITAL PRIVILEGES FOR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04770-03-2 A. 2820--A 2 1 SUCH SURGICAL PROCEDURES BY A GENERAL HOSPITAL LICENSED PURSUANT TO 2 ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW. 3 S 2. Paragraph (i) of subdivision 1 of section 230-d of the public 4 health law, as added by chapter 365 of the laws of 2007, is amended to 5 read as follows: 6 (i) "Licensee" shall mean an individual licensed or otherwise author- 7 ized under [articles] ARTICLE one hundred thirty-one or one hundred 8 thirty-one-B of the education law, OR CERTIFIED PURSUANT TO SUBDIVISION 9 TWO OF SECTION SIXTY-SIX HUNDRED ONE OF THE EDUCATION LAW. 10 S 3. Section 2995-d of the public health law is amended by adding a 11 new subdivision 4-a to read as follows: 12 4-A. IN COOPERATION WITH THE EDUCATION DEPARTMENT, STUDY HEALTH CARE 13 PRACTITIONER DATA RELATING TO ORAL AND MAXILLOFACIAL SURGEONS CERTIFIED 14 PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-SIX HUNDRED ONE OF THE 15 EDUCATION LAW. SUCH STUDY SHALL INCLUDE CONSIDERATION OF WHETHER AN 16 INDIVIDUAL PROFILING PROGRAM SHOULD BE ESTABLISHED AND OUTLINE AN APPRO- 17 PRIATE METHOD TO DEVELOP AND IMPLEMENT SUCH A PROFILING PROGRAM IF SUCH 18 A PROGRAM IS DETERMINED BY THE DEPARTMENT TO BE IN THE PUBLIC INTEREST. 19 SUCH PROGRAM AND RECOMMENDATIONS MAY BE SIMILAR TO THE PHYSICIAN 20 PROFILES ESTABLISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED 21 NINETY-FIVE-A OF THIS TITLE. SUCH A PROPOSED ORAL AND MAXILLOFACIAL 22 SURGEON PROFILING PROGRAM, IF SUCH A PROGRAM IS DETERMINED BY THE 23 DEPARTMENT TO BE IN THE PUBLIC INTEREST, SHOULD BE CAPABLE OF PRESENT- 24 ING, IN A COST EFFECTIVE MANNER, RELEVANT MEDICAL AND TREATMENT INFORMA- 25 TION IN A FORMAT THAT IS EASILY UNDERSTOOD BY AND MADE AVAILABLE TO THE 26 GENERAL PUBLIC. SUCH STUDY AND ITS FINDINGS SHALL BE SUBMITTED TO THE 27 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE 28 ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF 29 THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND SIXTEEN; 30 S 4. Paragraph 1 of subdivision (d) of section 3101 of the civil prac- 31 tice law and rules is amended by adding a new subparagraph (iv) to read 32 as follows: 33 (IV) IN AN ACTION FOR ORAL AND MAXILLOFACIAL SURGERY MEDICAL MALPRAC- 34 TICE FOR PROCEDURES PERFORMED PURSUANT TO SUBDIVISION TWO OF SECTION 35 SIXTY-SIX HUNDRED ONE OF THE EDUCATION LAW, A PHYSICIAN MAY BE CALLED AS 36 AN EXPERT WITNESS AT TRIAL. 37 S 5. This act shall take effect on the one hundred eightieth day after 38 it shall have become a law; provided, however, that effective immediate- 39 ly, the addition, amendment and/or repeal of any rule or regulation 40 necessary for the implementation of the provisions of this act on its 41 effective date are authorized and directed to be made and completed on 42 or before such effective date.