S T A T E O F N E W Y O R K
________________________________________________________________________
5816
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to the profession of
denturology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The article heading of article 133 of the education law, as
added by chapter 987 of the laws of 1971, is amended to read as follows:
DENTISTRY [AND], DENTAL HYGIENE
AND DENTUROLOGY
S 2. Section 6600 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
S 6600. Introduction. This article applies to the professions of
dentistry [and], dental hygiene AND DENTUROLOGY. The general provisions
for all professions contained in article one hundred thirty of this
title apply to this article.
S 3. Section 6603 of the education law, as amended by chapter 393 of
the laws of 1999, is amended to read as follows:
S 6603. State board for dentistry. A state board for dentistry shall
be appointed by the board of regents on recommendation of the commis-
sioner for the purpose of assisting the board of regents and the depart-
ment on matters of professional licensing and professional conduct in
accordance with section sixty-five hundred eight of this title. The
board shall be composed of not less than thirteen dentists licensed in
this state for at least five years, NOT LESS THAN FIVE DENTUROLOGY
EDUCATORS PRACTICING IN THIS STATE FOR AT LEAST FIVE YEARS, not less
than three dental hygienists licensed in this state for at least five
years, and not less than one certified dental assistant licensed in this
state for at least one year. An executive secretary to the board shall
be appointed by the board of regents on recommendation of the commis-
sioner and shall be a dentist licensed in this state.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09223-01-9
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S 4. Subdivisions 3, 4 and 5 of section 6610 of the education law, as
added by chapter 987 of the laws of 1971, are amended to read as
follows:
3. A student from [engagng] ENGAGING in any procedure authorized under
section sixty-six hundred six of this article in clinical practice as
part of a registered program in dental hygiene under supervision of a
dentist holding a license or a limited permit for instructing in dentis-
try in a school of dental hygiene;
4. An employee of a federal agency from using the title of and prac-
ticing as a dentist [or], dental hygienist OR DENTUROLOGIST insofar as
such activities are required by his salaried position;
5. A dentist [or], a dental hygienist, OR A DENTUROLOGIST licensed in
some other state or country from making a teaching clinical demon-
stration before a regularly organized dental or medical society or
group, or from meeting licensed dentists in this state for consultation,
provided such activities are limited to such demonstration or consulta-
tion.
S 5. Section 6610 of the education law is amended by adding a new
subdivision 3-a to read as follows:
3-A. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE AS PART OF A REGIS-
TERED PROGRAM OPERATED BY A SCHOOL OF DENTUROLOGY UNDER SUPERVISION OF A
DENTIST HOLDING A LICENSE OR LIMITED PERMIT FOR INSTRUCTING IN DENTISTRY
IN A SCHOOL OF DENTUROLOGY.
S 6. Subdivisions 1, 2, 3 and 7 of section 6611 of the education law,
subdivision 1 as amended by chapter 576 of the laws of 2001, subdivi-
sions 2 and 3 as added by chapter 987 of the laws of 1971 and subdivi-
sion 7 as amended by chapter 649 of the laws of 2006, are amended to
read as follows:
1. Except upon the written dental laboratory prescription of a
licensed dentist OR A LICENSED DENTUROLOGIST and except by the use of
impressions or casts made by a licensed dentist, no dental laboratory
shall furnish, supply, construct, reproduce, place, adjust, or repair
any dental prosthesis, device, or appliance. A dental laboratory
prescription shall be made out in duplicate. It shall contain such data
as may be prescribed by the commissioner's regulations. One copy shall
be retained by the practitioner of dentistry OR DENTUROLOGY for a period
of one year. The other copy shall be issued to the person, firm or
corporation engaged in filling dental laboratory prescriptions, who or
which shall each retain and file in their respective offices or places
of business their respective copies for a period of one year.
2. The department is empowered to inspect and to have access to all
places, including the office or offices of a licensed dentist, where
copies of dental laboratory prescriptions issued by him OR A LICENSED
DENTUROLOGIST UNDER HIS SUPERVISION are retained as required by this
section, and to all places where dental laboratory prescriptions are
filled or to any workroom or workrooms in which prosthetic restorations,
prosthetic dentures, bridges, orthodontic or other appliances or struc-
tures to be used as substitutes for natural teeth or tissue or for the
correction of malocclusion or deformities are made, repaired or altered,
with power to subpoena and examine records of dental laboratory
prescriptions. A person who fails to grant access to such places or who
fails to maintain prescriptions as required by this section shall be
guilty of a class A misdemeanor.
3. The department may arrange for the conduct of clinical examinations
in the clinic of any school of dentistry [or], dental hygiene OR DENTU-
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ROLOGY, within or outside the state for dental [or], dental hygiene OR
DENTUROLOGY candidates.
7. Any dentist [or], dental hygienist OR DENTUROLOGIST, who in the
performance of dental services, x-rays the mouth or teeth of a patient
shall during the performance of such x-rays shield the torso and thyroid
area of such patient including but not limited to the gonads and other
reproductive organs with a lead apron thyroid collar, or other similar
protective garment or device. Notwithstanding the provisions of this
subdivision, if in the dentist's professional judgment the use of a
thyroid collar would be inappropriate under the circumstances, because
of the nature of the patient, the type of x-ray being taken, or other
factors, the dentist [or], dental hygienist OR DENTUROLOGIST need not
shield the thyroid area.
S 7. Subdivisions 1 and 2 of section 6612 of the education law, as
added by chapter 332 of the laws of 1985, are amended to read as
follows:
1. Except as provided herein, every dentist OR DENTUROLOGIST licensed
in this state making or directing to be made a removable prosthetic
denture, bridge, appliance or other structure to be used and worn as a
substitute for natural teeth, shall offer to the patient for whom the
prosthesis is intended the opportunity to have such prosthesis marked
with the patient's name or initials. Such markings shall be accomplished
at the time the prosthesis is made and the location and methods used to
apply or implant them shall be determined by the dentist [or], the
person acting on behalf of the dentist OR THE DENTUROLOGIST. Such mark-
ing shall be permanent, legible and cosmetically acceptable.
2. Notwithstanding the foregoing, if in the judgment of the dentist
[or], the person making the prosthesis OR THE DENTUROLOGIST, such iden-
tification is not practicable or clinically safe, the identification
marks may be omitted entirely.
S 8. The education law is amended by adding six new sections 6614,
6615, 6616, 6617, 6618 and 6619 to read as follows:
S 6614. DEFINITION OF PRACTICE OF DENTUROLOGY. THE PRACTICE OF DENTU-
ROLOGY INCLUDES PRESCRIBING AND FABRICATION OF DENTAL PROSTHESES,
INCLUDING THE TAKING OF DENTURE IMPRESSIONS AND BITE REGISTRATION FOR
THE PURPOSE OF OR WITH A VIEW TO THE MAKING, PRODUCING, REPRODUCING,
CONSTRUCTION, FINISHING, SUPPLYING, ALTERING OR REPAIRING OF A COMPLETE
UPPER OR COMPLETE LOWER OR PARTIAL UPPER OR PARTIAL LOWER PROSTHETIC
DENTURE, OR ANY COMBINATION THEREOF, TO BE FITTED TO AN EDENTULOUS ARCH
OR ARCHES. THE PRACTICE OF DENTUROLOGY MAY BE CONDUCTED IN THE OFFICE OF
ANY LICENSED DENTIST OR IN AN APPROPRIATELY EQUIPPED SCHOOL OR PUBLIC
INSTITUTION BUT MUST BE DONE UNDER THE SUPERVISION OF A LICENSED
DENTIST, PROVIDED, HOWEVER, THE FINAL FITTING OF ANY PARTIAL OR FULL
PROSTHETIC DENTURE SHALL BE DONE BY A LICENSED DENTIST.
S 6615. PRACTICE OF DENTUROLOGY AND USE OF THE TITLE "DENTUROLOGIST".
ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE UNDER THIS
ARTICLE SHALL PRACTICE DENTUROLOGY AND USE THE TITLE "DENTUROLOGIST".
S 6616. REQUIREMENTS FOR A LICENSE AS A DENTUROLOGIST. TO QUALIFY FOR
A LICENSE AS A DENTUROLOGIST, AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
ATION AND COMPLETION OF A BACHELOR'S DEGREE IN A PROGRAM IN DENTUROLOGY,
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
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4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
PROVIDED, HOWEVER, THAT THE BOARD OF REGENTS MAY GRANT A THREE YEAR
WAIVER FOR AN ALIEN TO PRACTICE IN AN AREA WHICH HAS BEEN DESIGNATED A
FEDERAL DENTAL HEALTH PROFESSIONS SHORTAGE AREA, EXCEPT THAT THE BOARD
OF REGENTS MAY GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS TO
AN ALIEN TO ENABLE HIM OR HER TO SECURE CITIZENSHIP OR PERMANENT RESI-
DENT STATUS, PROVIDED SUCH STATUS IS BEING ACTIVELY PURSUED;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
8. FEES: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF ONE HUNDRED DOLLARS FOR EACH REEXAMINATION, A FEE OF
ONE HUNDRED DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE
HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
S 6617. MANDATORY CONTINUING EDUCATION FOR DENTUROLOGISTS. 1. (A) EACH
DENTUROLOGIST, LICENSED PURSUANT TO THIS ARTICLE AND REQUIRED TO REGIS-
TER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL
COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTINUING EDUCATION
REQUIREMENTS, EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS
SUBDIVISION. DENTUROLOGISTS WHO DO NOT SATISFY THE MANDATORY CONTINUING
EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH
REQUIREMENTS AND HAVE BEEN ISSUED A REGISTRATION OR CONDITIONAL REGIS-
TRATION CERTIFICATE.
(B) DENTUROLOGISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,
ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE
GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A PHYSI-
CIAN, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED
STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY
PREVENT COMPLIANCE.
(C) A LICENSED DENTUROLOGIST NOT ENGAGED IN THE PRACTICE OF DENTUROLO-
GY SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT
UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH
STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF DENTUROLOGY DURING
THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO
REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING
EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATION OF THE
COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE A MINIMUM OF THIRTY-FIVE HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION INCLUDING CURRENTLY MANDATED CHILD ABUSE
REPORTING INSTRUCTIONS AND INFECTION CONTROL TRAINING AS APPROVED BY THE
DEPARTMENT. OF THESE THIRTY-FIVE HOURS A MAXIMUM OF TEN HOURS MAY BE
SELF-INSTRUCTIONAL COURSEWORK AS APPROVED BY THE DEPARTMENT. ANY DENTU-
ROLOGIST WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF
THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT
ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, SHALL COMPLETE CONTINU-
ING EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE AND ONE-QUAR-
TER HOURS PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND
TEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT
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SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE
ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS
ISSUED AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION. THE INDIVIDUAL
LICENSEE SHALL DETERMINE THE SELECTION OF COURSES OR PROGRAMS OF STUDY
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND TAKE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT. ANY LICENSEE WHO IS NOTIFIED OF THE
DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO
THE DEPARTMENT, OF COMPLETION OF REQUIRED CONTINUING EDUCATION AND WHO
PRACTICES DENTUROLOGY WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
PRACTICE AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
PROGRAMS MUST BE TAKEN FROM SPONSORS APPROVED BY THE DEPARTMENT, PURSU-
ANT TO THE REGULATIONS OF THE COMMISSIONER.
5. THE MANDATORY CONTINUING EDUCATION FEE OF THIRTY-FIVE DOLLARS SHALL
BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION
PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION FEE
REQUIRED BY SECTION SIXTY-SIX HUNDRED SIXTEEN OF THIS ARTICLE.
S 6618. LIMITED PERMITS. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT
TO AN APPLICANT WHO MEETS ALL REQUIREMENTS FOR ADMISSION TO THE LICENS-
ING EXAMINATION. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE
DIRECT PERSONAL SUPERVISION OF A LICENSED DENTIST. LIMITED PERMITS SHALL
BE FOR ONE YEAR AND MAY BE RENEWED AT THE DISCRETION OF THE DEPARTMENT
FOR ONE ADDITIONAL YEAR. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH
RENEWAL SHALL BE FORTY DOLLARS.
S 6619. RULES AND REGULATIONS FOR DENTUROLOGY. THE COMMISSIONER SHALL
PROMULGATE RULES AND REGULATIONS REGARDING THE CURRICULUM REQUIRED FOR A
LICENSE IN DENTUROLOGY. SUCH CURRICULUM SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO INSTRUCTION IN:
1. HEAD AND NECK ANATOMY;
2. ANATOMY AND PHYSIOLOGY;
3. DENTAL MATERIAL;
4. DENTAL HISTOLOGY;
5. DENTUROLOGY THEORY AND PRACTICE;
6. INFECTION CONTROL;
7. PREVENTIVE DENTISTRY;
8. PHARMACOLOGY;
9. MEDICAL TERMINOLOGY;
10. PATHOPHYSIOLOGY-ORAL CAVITY;
11. GERONTOLOGY;
12. RADIOLOGY; AND
13. APPLIED KINESIOLOGY.
S 9. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.