A2820A-2011 Actions

• May 2, 2012: print number 2820a
• May 2, 2012: amend and recommit to higher education
• Jan 4, 2012: referred to higher education
• Jan 20, 2011: referred to higher education

A2820A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2820--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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:

 

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 CERTIFIED BY THE DEPARTMENT IN
 ACCORDANCE WITH QUALIFICATIONS ESTABLISHED BY THE DEPARTMENT MAY PERFORM
 ADDITIONAL SURGICAL PROCEDURES INVOLVING THE HARD OR SOFT TISSUES OF THE
 ORAL AND MAXILLOFACIAL AREA. QUALIFICATIONS TO PERFORM  SUCH  ADDITIONAL
 SURGICAL  PROCEDURES  SHALL INCLUDE BEING: (A) CERTIFIED BY THE AMERICAN
 BOARD OF ORAL AND MAXILLOFACIAL  SURGERY  OR  SUCH  EQUIVALENT  NATIONAL
 CERTIFYING BOARD OR ORGANIZATION ACCEPTABLE TO THE COMMISSIONER FOR SUCH
 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
 SUCH SURGICAL PROCEDURES BY A  GENERAL  HOSPITAL  LICENSED  PURSUANT  TO
 ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
 

S  2.  Paragraph  (i)  of subdivision 1 of section 230-d of the public
 health law, as added by chapter 365 of the laws of 2007, is  amended  to
 read as follows:

 (i)  "Licensee" shall mean an individual licensed or otherwise author
 ized under [articles] ARTICLE one  hundred  thirty-one  or  one  hundred
 thirty-one-B  of the education law, OR CERTIFIED PURSUANT TO SUBDIVISION
 TWO OF SECTION SIXTY-SIX HUNDRED ONE OF THE EDUCATION LAW.
 

S 3.

Section 2995-d of the public health law is amended  by  adding  a
 new subdivision 4-a to read as follows:

 4-A.  IN  COOPERATION WITH THE EDUCATION DEPARTMENT, STUDY HEALTH CARE
 PRACTITIONER DATA RELATING TO ORAL AND MAXILLOFACIAL SURGEONS  CERTIFIED
 PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION SIXTY-SIX HUNDRED ONE OF THE
 EDUCATION LAW. SUCH STUDY SHALL  INCLUDE  CONSIDERATION  OF  WHETHER  AN
 INDIVIDUAL PROFILING PROGRAM SHOULD BE ESTABLISHED AND OUTLINE AN APPRO
 PRIATE  METHOD TO DEVELOP AND IMPLEMENT SUCH A PROFILING PROGRAM IF SUCH
 A PROGRAM IS DETERMINED BY THE DEPARTMENT TO BE IN THE PUBLIC  INTEREST.
 SUCH  PROGRAM  AND  RECOMMENDATIONS  MAY  BE  SIMILAR  TO  THE PHYSICIAN
 PROFILES   ESTABLISHED   PURSUANT   TO   SECTION   TWENTY-NINE   HUNDRED
 NINETY-FIVE-A  OF  THIS  TITLE.  SUCH  A PROPOSED ORAL AND MAXILLOFACIAL
 SURGEON PROFILING PROGRAM, IF  SUCH  A  PROGRAM  IS  DETERMINED  BY  THE
 DEPARTMENT  TO  BE IN THE PUBLIC INTEREST, SHOULD BE CAPABLE OF PRESENT
 ING, IN A COST EFFECTIVE MANNER, RELEVANT MEDICAL AND TREATMENT INFORMA
 TION IN A FORMAT THAT IS EASILY UNDERSTOOD BY AND MADE AVAILABLE TO  THE
 GENERAL  PUBLIC.   SUCH STUDY AND ITS FINDINGS SHALL BE SUBMITTED TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF
 THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND SIXTEEN;
 

S 4. Paragraph 1 of subdivision (d) of section 3101 of the civil prac
 tice law and rules is amended by adding a new subparagraph (iv) to  read
 as follows:

 (IV)  IN AN ACTION FOR ORAL AND MAXILLOFACIAL SURGERY MEDICAL MALPRAC
 TICE FOR PROCEDURES PERFORMED PURSUANT TO  SUBDIVISION  TWO  OF  SECTION
 SIXTY-SIX HUNDRED ONE OF THE EDUCATION LAW, A PHYSICIAN MAY BE CALLED AS
 AN EXPERT WITNESS AT TRIAL.
 

S 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of the provisions of this  act  on  its
 effective  date  are authorized and directed to be made and completed on
 or before such effective date.

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