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

                                 3059--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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  --  recommitted  to  the  Committee  on Higher Education in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.
                                                           LBD04770-02-2
              

S. 3059--A                          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 SIXTEEN;
  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.