Senate Bill S3673

2009-2010 Legislative Session

Requires dentists and manufacturers to disclose the place of manufacture of a dental device, appliance, or material to the patient

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Mar 27, 2009	referred to health

2009-S3673 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd Art 4-B Art head, add §471, Pub Health L; amd §6509, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S4701

2009-S3673 (ACTIVE) - Summary

Requires dentists and manufacturers to disclose the place of manufacture of a dental device, appliance, or material to the patient.

2009-S3673 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3673

 TITLE OF BILL :

An act to amend the public health law and the education law, in
relation to the place of manufacture of dental prosthetics


 PURPOSE OR GENERAL IDEA OF BILL :

To provide consumers information as to where their prosthetic dental
devices, restorative appliances, and/or dental materials are
manufactured prior to use.

 SUMMARY OF SPECIFIC PROVISIONS :

Article 4-B of the Public Health Law, as added by Chapter 514 of the
Laws of 2004, is amended by adding a new § 471 to require dentists and
manufacturers to disclose the place of manufacture of a dental device,
appliance, or material to the patient prior to these dental materials
being placed in the patient's mouth. Any dental lab or manufacturer of
dental devices and appliance who fails to provide this disclosure will
be guilty of a violation punishable by a fine of up to one thousand
dollars.

Section 6509 of the Education Law is amended by adding a new

subdivision 13 to discipline dentist who fail to provide the
disclosure information required pursuant to § 471 of the Public Health
Law.

 JUSTIFICATION :

There is a growing concern among dentists, dental laboratories, and
consumers that many foreign-manufactured dental prosthetics may
contain harmful traces of lead. A recent report from the Midwest made
national news attention when a woman became sick due to her
led-tainted dental work which was outsourced to China. The National
Association of Dental Labs and the American Dental Association
estimate that 15-20% of all restorative work is outsourced. This bill
will provide consumer protection measures to patients who undergo
dental work which require dental prosthetics.

The US Food and Drug Administration (FDA) regulates the raw materials
used to make dental prosthetics such as dental crowns and bridges.
This federal entity is the regulatory authority for the registration
of foreign labs that import dental products into the U.S. However, the
National Association of Dental Laboratories argues that the FDA is
inspecting less than 1% of the restorations that are coming in from
foreign dental labs. The concern is that the raw materials used abroad
to manufacture dental prosthetics may not meet U.S. standards.

Noting the issues surrounding the questionable safety of material
alloys in the foreign made dental prosthetics, patients have the right
to know the place of origin of the dental devices in their mouth.
Furthermore, dentists have the light to receive notification of the
place of origin of the dental devices before the dentists order the
materials. Some domestic dental labs outsource their orders to foreign
companies and the dentist who places the order never is aware of this
outsourcing.

Dentists should be notified in advance when a domestic dental lab is
going to outsource some or all of prescribed work.

 LEGISLATIVE HISTORY :
2008: S.8296 Rules Cmte.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2009-S3673 (ACTIVE) - Bill Text download pdf

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

                                  3673

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the education law, in relation
  to the place of manufacture of dental prosthetics

  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 4-B of the public health
law, as added by chapter 514 of the laws of 2004, is amended to read  as
follows:
                     [TONGUE-SPLITTING] MISCELLANEOUS
  S  2.  The public health law is amended by adding a new section 471 to
read as follows:
  S 471. DENTAL PROSTHETICS. 1. FOR  PURPOSES  OF  THIS  ACT,  THE  TERM
"DENTIST"  MEANS  A PERSON WHO PRACTICES DENTISTRY AS DEFINED IN SECTION
SIX THOUSAND SIX HUNDRED ONE OF THE EDUCATION LAW.
  2. A DENTIST LICENSED AND PRACTICING DENTISTRY IN NEW YORK STATE SHALL
PROVIDE TO HIS OR HER PATIENT A WRITTEN DISCLOSURE OF THE PLACE OF MANU-
FACTURE OF ANY PROSTHETIC DENTAL DEVICE, RESTORATIVE  APPLIANCE,  AND/OR
DENTAL  MATERIAL  PRIOR TO THE DENTIST PROVIDING THESE DENTAL DEVICES OR
MATERIALS TO THE PATIENT. THE DENTAL DEVICES, APPLIANCES, AND  MATERIALS
REFERENCED  IN THIS SUBDIVISION INCLUDE, BUT ARE NOT LIMITED TO, FILLING
MATERIALS, CROWNS, BRIDGES, VENEERS, CAPS, DENTURES,  PARTIAL  DENTURES,
IMPLANTS AND ABUTMENTS.
  3.  A  DENTAL  LABORATORY  OR MANUFACTURER THAT PRODUCES OR PROVIDES A
DENTAL PROSTHETIC DEVICE, RESTORATIVE APPLIANCE, AND/OR DENTAL  MATERIAL
TO  A  DENTIST LICENSED AND PRACTICING DENTISTRY IN NEW YORK STATE SHALL
PROVIDE TO THE DENTIST A WRITTEN DISCLOSURE OF THE PLACE OF  MANUFACTURE
OF  THESE  DENTAL  DEVICES,  APPLIANCES, OR MATERIALS PRIOR TO PROVIDING
SUCH DENTAL DEVICES, APPLIANCES, OR MATERIALS TO THE DENTIST. THE DENTAL
DEVICES,  APPLIANCES,  AND  MATERIALS  REFERENCED  IN  THIS  SUBDIVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06685-01-9

S. 3673                             2

INCLUDE,  BUT  ARE  NOT  LIMITED TO, FILLING MATERIALS, CROWNS, BRIDGES,
VENEERS, CAPS, DENTURES, PARTIAL DENTURES, IMPLANTS, AND ABUTMENTS.
  4.  ANY  PERSON  OR  CORPORATION, OR OFFICER THEREOF, WHO VIOLATES THE
PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION PUNISHABLE  BY
A FINE OF UP TO ONE THOUSAND DOLLARS.
  S  3.  Section  6509  of  the education law is amended by adding a new
subdivision 15 to read as follows:
  (15) FAILING TO PROVIDE THE DISCLOSURE INFORMATION  REQUIRED  PURSUANT
TO SECTION FOUR HUNDRED SEVENTY-ONE OF THE PUBLIC HEALTH LAW.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S3673

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Archive: Last Bill Status - In Senate Committee Health Committee

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2009-S3673 (ACTIVE) - Details

2009-S3673 (ACTIVE) - Summary

2009-S3673 (ACTIVE) - Sponsor Memo

2009-S3673 (ACTIVE) - Bill Text download pdf

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2009-S3673 (ACTIVE) - Details

2009-S3673 (ACTIVE) - Summary

2009-S3673 (ACTIVE) - Sponsor Memo

2009-S3673 (ACTIVE) - Bill Text download pdf

Comments