senate Bill S1918

2013-2014 Legislative Session

Provides for the certification of and qualifications for dentists practicing oral and maxillofacial surgery

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
returned to senate
died in assembly
Jun 20, 2013 referred to higher education
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1227
committee discharged and committed to rules
Jun 05, 2013 reported and committed to finance
Jan 09, 2013 referred to higher education

Votes

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Jun 11, 2013 - Rules committee Vote

S1918
17
5
committee
17
Aye
5
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 4, 2013 - Higher Education committee Vote

S1918
10
3
committee
10
Aye
3
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Higher Education committee vote details

Higher Education Committee Vote: Jun 4, 2013

Co-Sponsors

S1918 - Bill Details

See Assembly Version of this Bill:
A5632
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§6601, Ed L; amd §§230-d & 2995-d, Pub Health L; amd §3101, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3059A, A2820A
2009-2010: S8347, A4656B

S1918 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S1918

TITLE OF BILL: An act to amend the education law, in relation to amend-
ing the definition of the scope of practice of dentistry to authorize
certain dentists who are qualified and certified to perform any proce-
dure 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 regardless 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 maxil-
lofacial 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 Depart-
ment 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) recon-
structive 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
fox dentistry to include the entire oral and maxillofacial area as it
related to restoring ox 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: 2012 - Passed Senate 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.

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

                                  1918

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LIBOUS -- 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.
                                                           LBD05268-01-3

S. 1918                             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. Paragraph (i) of subdivision 1 of section  230-d  of  the  public
health law, as amended by chapter 438 of the laws of 2012, is amended to
read as follows:
  (i)  "Licensee" shall mean an individual licensed or otherwise author-
ized under article one hundred  thirty-one,  one  hundred  thirty-one-B,
CERTIFIED  PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-SIX HUNDRED ONE,
OR individuals who have obtained an issuance of a privilege  to  perform
podiatric  standard  or  advanced ankle surgery pursuant to subdivisions
one and two of section seven thousand nine of the education law.
  S 4. Section 2995-d of the public health law is amended  by  adding  a
new subdivision 4-b to read as follows:
  4-B.  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 SEVENTEEN;
  S 5. Paragraph 1 of subdivision (d) of section 3101 of the civil prac-
tice law and rules is amended by adding a new subparagraph (v)  to  read
as follows:
  (V)  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 6. This act shall take effect on the one hundred eightieth day after
it  shall have become a law, except that section three of this act shall
take effect on the same date and in the same manner as  chapter  438  of
the  laws of 2012, takes effect; provided, however, that effective imme-
diately, 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.

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