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.

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S3059-2011 Actions

• Jun 12, 2012: referred to higher education
• Jun 12, 2012: DELIVERED TO ASSEMBLY
• Jun 12, 2012: PASSED SENATE
• Jun 12, 2012: ORDERED TO THIRD READING CAL.1186
• Jun 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 6, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 5, 2012: PRINT NUMBER 3059A
• Jan 5, 2012: AMEND AND RECOMMIT TO HIGHER EDUCATION
• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to higher education
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• May 23, 2011: ADVANCED TO THIRD READING
• May 18, 2011: 2ND REPORT CAL.
• May 17, 2011: 1ST REPORT CAL.746
• Feb 8, 2011: REFERRED TO HIGHER EDUCATION

S3059-2011 Meetings

Higher Education: May 17, 2011

S3059-2011 Calendars

Active List: Jun 14, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011

S3059-2011 Votes

S3059-2011 Memo

BILL NUMBER:S3059

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 regard- less 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 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 - 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.

S3059-2011 Text

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

                                    3059

                         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  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.
                                                             LBD04770-01-1

 S. 3059                             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. 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 FIFTEEN;
    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.