Provides for the certification of and qualifications for dentists practicing oral and maxillofacial surgery; includes such dentist within provisions of law regulating office-based surgery; provides for a study of whether an oral and maxillofacial surgery profiling program should be established; and provides that in an oral and maxillofacial surgery malpractice action a physician may be called as an expert witness at trial.
Ayes (35): Addabbo, Boyle, Carlucci, Diaz, Farley, Felder, Flanagan, Fuschillo, Golden, Griffo, Grisanti, Hannon, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Maziarz, Nozzolio, O'Mara, Ritchie, Robach, Sampson, Savino, Seward, Skelos, Smith, Stavisky, Valesky, Young, Zeldin
Nays (28): Adams, Avella, Ball, Bonacic, Breslin, DeFrancisco, Dilan, Espaillat, Gallivan, Gianaris, Gipson, Hassell-Thomps, Hoylman, Kennedy, Krueger, Martins, Montgomery, O'Brien, Parker, Peralta, Perkins, Ranzenhofer, Rivera, Sanders, Serrano, Squadron, Stewart-Cousin, Tkaczyk
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 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
PURPOSE OR GENERAL IDEA OF BILL: This bill would permit maxillofacial surgeons who have: A) been certified by the State Education Department and the American Board of Oral and Maxillofacial Surgery, and have B) been granted privileges to perform certain oral and maxillofacial surgery procedures by a general hospital to perform the same oral and maxillofacial procedures 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:
Section 1: Amends Education Law section 6601 to divide the scope of practice section into two subdivisions. The second new section adds express authorization for oral and maxillofacial surgeons to perform certain procedures in the oral and maxillofacial area provided the oral and maxillofacial surgeon has been granted privileges to perform such procedure by a general hospital under Article 28 of the Public Health Law. Only surgeons who have been certified by the State Education Department would be eligible to obtain this expanded scope of practice.
Section 2: Amends Public Health Law section 230-d to add oral and maxillofacial surgeons who have been certified pursuant to the new Education Law section 6601(2)to perform office based surgery as long as they are licensed by the Department of Health.
Section 3: Amends Public Health Law section 2995--d to ask the Department of Health, in cooperation with the SED, to examine whether oral and maxillofacial surgeons, who have the expanded scope of practice, should become part of the physician profiling program.
Section 4: Amends CPLR section 3101 to permit physicians to testify in medical malpractice cases that involve. oral and maxillofacial surgery that is authorized under the expanded scope of practice.
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 fox dentistry to include the entire oral and maxillofacial area as it related to restoring ox 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: 2012 - Passed Senate 2010 - Passed Senate 2008 - Referred to Higher Education
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect 180 days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1918 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. LIBOUS -- 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 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 SUCH SURGICAL PROCEDURES BY A GENERAL HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05268-01-3 S. 1918 2
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. Paragraph (i) of subdivision 1 of section 230-d of the public health law, as amended by chapter 438 of the laws of 2012, is amended to read as follows: (i) "Licensee" shall mean an individual licensed or otherwise author- ized under article one hundred thirty-one, one hundred thirty-one-B, CERTIFIED PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-SIX HUNDRED ONE, OR individuals who have obtained an issuance of a privilege to perform podiatric standard or advanced ankle surgery pursuant to subdivisions one and two of section seven thousand nine of the education law. S 4. Section 2995-d of the public health law is amended by adding a new subdivision 4-b to read as follows: 4-B. 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 SEVENTEEN; S 5. Paragraph 1 of subdivision (d) of section 3101 of the civil prac- tice law and rules is amended by adding a new subparagraph (v) to read as follows: (V) 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 6. This act shall take effect on the one hundred eightieth day after it shall have become a law, except that section three of this act shall take effect on the same date and in the same manner as chapter 438 of the laws of 2012, takes effect; provided, however, that effective imme- diately, 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.