S T A T E O F N E W Y O R K
________________________________________________________________________
4656--B
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Higher Education in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08480-09-0
A. 4656--B 2
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.
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.