BILL NUMBER:  S6552

 TITLE OF BILL :

An act to amend chapter 537 of the laws of 2008, amending the
education law relating to a restricted dental faculty license, in
relation to extending the expiration of such chapter

 PURPOSE :

The purpose of this legislation is to extend the current provisions of
law concerning licensure to foreign trained dentists who are employed
as full-time faculty members at a New York State dental school.

 SUMMARY OF PROVISIONS :

Section one amends the effective date of Chapter 537 of the Laws of
2008, which was subsequently extended in 2010 (Chapter 499) and 2014
(Chapter 172), to extend its sunset date to February 1, 2019. Chapter
537, which currently sunsets on February 1, 2017, added section 6604-b
to the Education Law to authorize the Education Department to issue a
full-time faculty license under the following conditions:

As background on the underlying law, the foreign trained dentist
authorized under the statute must meet the following qualifications:

              

* The dentist must be serving full-time on the faculty of one of New
York state's five Academic Dental Centers (Columbia University College
of Dental Medicine, New York University College of Dentistry,
University at Buffalo School of Medicine, State University of New York
at Stony Brook School of Dental Medicine and The University of
Rochester School of Medicine and Dentistry, Eastman Dental Center, all
listed in the bill).

* To be full-time the individual must devote at least 4 days per week
to teaching, patient care, research or administration.

* The restricted dental faculty license will only allow an individual
to practice within the facilities or clinics of the dental school or
at a clinic or facility that has an affiliation agreement with the
school. The restricted license will be valid for a period of 3 years
the same period that a regular license is valid.

* In order to qualify for the license an individual must have at least
6 years of pre-professional and professional education which includes
the same course work required of a dentist licensed through the
regular pathway. Even though it is a 6 year requirement compared to
our 8, individuals must have at least 4 years of dental education
(same as US schools); the 6 year requirement is needed because a
majority of European schools combine undergraduate and graduate
training so that students who graduate from those programs have 6
years of education compared to our system of 8.

* Individuals applying for a license must have at least 2 years of
practice experience or have completed a 2 year advanced training
course. Thus a new graduate would not be eligible for the license.
This is very similar to the requirement that foreign trained dentists
would have to complete in order to obtain a regular license.

* Individuals applying for the license must meet the same moral
character requirements, continuing education and misconduct standards
as a regular dentist.

* Dental schools are required to provide the following notices to the
State Education Department ("SED"): 1) that a licensee has been hired,

2) annual notice indicating the licensee remains employed and 3)
notice upon termination of full-time employment.

* The licensee must also provide notice to SED upon termination of
employment. Section two of this bill provides that this act shall take
effect immediately.

 JUSTIFICATION :

New York State dental schools are experiencing a shortage of faculty
members. Many dental schools across the state report having open,
fully funded faculty positions which they cannot fill. One reason for
the difficulty in attracting faculty is the differential in salary
between private practice and academia, which is approximately 4:1.
Another reason is the overall number of faculty members who are
reaching the age of retirement that need to be replaced in order to
maintain the current level of instruction and care provided.

There is a pool of highly qualified foreign trained dental educators
and researchers that are interested and willing to come teach in New
York State. In fact, many of these potential dental faculty members
are serving in faculty positions at dental centers or are conducting
National Institutes of Health (NIH) sponsored research in other
states. However, upon learning they are ineligible for participation
in faculty practice plans due to the lack of licensure they decline
the offer to come and teach in New York State. Under current law,
foreign dental trained faculty can teach under a limited permit but
cannot practice dentistry. Licensure will allow foreign trained dental
faculty to maintain their clinical skills and to treat patients in the
dental clinic setting. In addition, treating patients will allow
foreign trained faculty to supplement their income which helps to
offset the differential in pay between private practice and academia.

This bill would provide foreign trained dental faculty the limited
privilege of licensure but only if they are employed full-time in an
academic setting. In short, the full-time faculty license would only
be valid while the foreign trained dentist is employed as a full-time
faculty member by a New York State dental school. In addition, foreign
trained faculty would be required to meet the same continuing
education requirements as other dentist's licensed to practice in New
York State. Thus, this bill is precisely tapered to meet a specific
problem in the recruitment of full-time faculty and is not a portal to
opening a loophole for private practice dentistry by foreign trained
dentists.

Currently, every state that has a dental school, including
Connecticut, Massachusetts and Pennsylvania, grant foreign trained
dental faculty the full privilege of licensure while employed within
the academic setting.

The fact that New York State does not grant full licensure is putting
New York State at a disadvantage in recruiting some of the most highly
trained and well qualified dental faculty.

 LEGISLATIVE HISTORY :

New Bill

Prior Extensions:
2014: S.7183-A/Golden-A.8660-A/Glick - Chapter 172
2010:  S.7810/Stavisky - A.10123/Glick - Chapter 499

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

Substantial increase in sales tax revenues and increased employment

 EFFECTIVE DATE :
This act shall take effect immediately.