|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
|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|
senate Bill S1918
Provides for the certification of and qualifications for dentists practicing oral and maxillofacial surgery
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (10)
Jun 20, 2013 - floor VoteS19183528floor35Aye28Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: Jun 20, 2013aye (35)
Jun 11, 2013 - Rules committee VoteS1918175committee17Aye5Nay3Aye with Reservations0Absent0Excused0Abstained
Jun 4, 2013 - Higher Education committee VoteS1918103committee10Aye3Nay6Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S1918 - Bill Details
S1918 - Bill Texts
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
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
view full text
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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