senate Bill S9108

2017-2018 Legislative Session

Relates to enacting the orthodontic specialty consumer protection act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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
Jun 18, 2018 referred to rules

S9108 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Add §6614, Ed L

S9108 (ACTIVE) - Summary

Enacts the orthodontic specialty consumer protection act placing additional requirements on licensed dental procedures entities and licensed dentists who perform cosmetic dental procedures.

S9108 (ACTIVE) - Sponsor Memo

S9108 (ACTIVE) - Bill Text download pdf


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

                                  9108

                            I N  S E N A T E

                              June 18, 2018
                               ___________

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

AN ACT to amend the education law, in relation to enacting the orthodon-
  tic specialty consumer protection act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "orthodontic specialty consumer protection act".
  § 2. The education law is amended by adding a new section 6614 to read
as follows:
  §  6614.  SPECIAL PROVISIONS REGARDING ORTHODONTIC COSMETIC DENTISTRY.
1. AS USED IN THIS SECTION, THE TERM "COSMETIC DENTAL  PROCEDURE"  SHALL
MEAN  CERTAIN  DENTAL  PROCEDURES  INCLUDING  DENTAL IMPLANTS, PORCELAIN
CROWNS, DENTAL BONDING, PORCELAIN VENEERS,  TEETH  WHITENING,  TOOTH-CO-
LORED FILLINGS AND FULL AND PARTIAL DENTURES.
  2.  (A)  EVERY  LICENSED  DENTAL  PROCEDURES  ENTITY  WHO PERFORMS ANY
COSMETIC DENTAL PROCEDURE, SHALL CERTIFY TO THE DEPARTMENT ANNUALLY THAT
ANY SUCH PROCEDURES ARE PERFORMED IN COMPLIANCE WITH  THE  STANDARDS  OF
CARE  PRESCRIBED  BY  THE  AMERICAN  DENTAL  ASSOCIATION. THE TIMING AND
MANNER OF SUCH CERTIFICATION SHALL BE DETERMINED BY THE DEPARTMENT.
  (B) THE DEPARTMENT IS AUTHORIZED  TO  INVESTIGATE  ANY  ALLEGATION  OF
NON-COMPLIANCE  WITH THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
AND MAY REVOKE THE OPERATING LICENSE OF ANY SUCH ENTITY  THAT  HAS  BEEN
FOUND TO BE NON-COMPLIANT IN MORE THAN TWO INSTANCES.
  3.  NO  AGREEMENT  BETWEEN  A  LICENSED  DENTAL PROCEDURES ENTITY OR A
LICENSED DENTIST AND A PATIENT FOR THE PERFORMANCE OF A COSMETIC  DENTAL
PROCEDURE SHALL INCLUDE AN ARBITRATION CLAUSE.
  4.  A  LICENSED  DENTAL  PROCEDURES ENTITY OR A LICENSED DENTIST SHALL
PROVIDE A NOTICE TO A PATIENT RECEIVING  A  COSMETIC  DENTAL  PROCEDURE,
SUCH NOTICE SHALL (A) BE REQUIRED TO BE PROVIDED ON A SEPARATE PAGE, (B)
BE  SIGNED  BY  SUCH  PATIENT AND SUCH LICENSED DENTIST OR AN AUTHORIZED
REPRESENTATIVE OF SUCH DENTIST, AND (C) INCLUDE THE  FOLLOWING  TEXT  IN
BOLD PRINTED FONT SIZE FORTY-EIGHT OR GREATER:

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

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