NY State Senate Bill 2019-S6477

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education
Jun 13, 2019	referred to rules

2019-S6477 (ACTIVE) - Details

See Assembly Version of this Bill:: A8442
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6614, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S2210, A2245

2019-S6477 (ACTIVE) - Summary

Enacts the "orthodontic tele-dentistry consumer protection act" placing additional requirements on licensed dental procedures entities and licensed dentists who perform cosmetic dental procedures including the posting of specific notices.

2019-S6477 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6477

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the education law, in relation to
enacting the orthodontic tele-dentistry consumer protection act

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would add new consumer protection regulations to the practice
of "orthodontic tele-dentistry" in New York, primarily to ensure that
the practice is being performed safely and that the consumer is informed
of the risks.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the education law by adding a new section 6614, which
adds various new consumer protection regulations to the practice of
"orthodontic tele-dentistry" in New York: 1) defining the term "ortho-
dontic teledentistry"; 2)requiring dentists certify with the Department
of Health that they are performing the procedure in compliance with the
standards of care of the American Dental Association; 3)prohibiting

arbitration clauses in an agreement for the procedure; and, 4) requiring
dentists performing the procedure to provide specific written warnings
to the patient regarding the risks associated with the procedure.

Section 2: The effective date of this bill.

 
JUSTIFICATION:

Organizations that are profiting from direct-to-the-customers in-mail
aligners are not educating the consumer on possible irreversible harm.
Online mail-in aligners do not receive radiographs prior to beginning
treatment. Undiagnosed current conditions cannot be identified and thus
can lead to harmful outcomes due to the worsening of current conditions.
Such conditions are limited to, but include, gum recession, shortened
roots, cysts, periodontal disease, and undiscovered bone tumors. Ortho-
dontic aligner procedures with direct clinical supervision require real
time modifications to assure proper results. Undiagnosed conditions
during treatment this can lead to irreversible damage including TMD,
tooth chipping or fractures and inability to chew properly.

These products are being marketed as cosmetic changes when they are
truly making major functional and histological permanent change, and
without proper warming the consumer will make decisions to be treated
that can be detrimental to their health. This legislation looks to
ensure that Orthodontic Tele-Dentistry is properly offered by a licensed
dentist and does not harm the unknowing consumer.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and apply to contracts executed
on and after such date.

2019-S6477 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6477
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 13, 2019
                                ___________
 
 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 tele-dentistry 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 tele-dentistry consumer protection act".
   § 2. The education law is amended by adding a new section 6614 to read
 as follows:
   § 6614. SPECIAL PROVISIONS REGARDING ORTHODONTIC TELE-DENTISTRY. 1. AS
 USED  IN  THIS SECTION, THE TERM "ORTHODONTIC TELE-DENTISTRY" SHALL MEAN
 DENTAL PROCEDURES INCLUDING CLEAR ALIGNERS  IN  MAIL  DENTAL  TREATMENT,
 PLASTIC  ALIGNER  DENTAL  MOVEMENTS  TO  STRAIGHTEN TEETH WITHOUT OFFICE
 VISITS CONDUCTED THROUGH PICTURES OR VIDEOS WITHOUT  HANDS  ON  CLINICAL
 SUPERVISION BY A LICENSED NEW YORK STATE DENTIST.
   2.  (A)  EVERY  LICENSED  DENTIST WHO PERFORMS OR APPROVES ORTHODONTIC
 TELE-DENTISTRY TREATMENT, 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  OR PLACE ON PROBATION THE LICENSE OF A DENTIST WHO HAS
 BEEN FOUND TO BE NON-COMPLIANT IN MORE THAN TWO INSTANCES.
   3. NO AGREEMENT BETWEEN A LICENSED  DENTIST  AND  A  PATIENT  FOR  THE
 PERFORMANCE  OF  AN  ORTHODONTIC DENTAL TREATMENT SHALL INCLUDE AN ARBI-
 TRATION CLAUSE.
   4. A LICENSED DENTIST SHALL PROVIDE A NOTICE TO ALL PATIENTS RECEIVING
 ORTHODONTIC TELE-DENTISTRY, SUCH NOTICE SHALL  (A)  BE  REQUIRED  TO  BE
 PROVIDED  ON  A  SEPARATE  PAGE, (B) BE SIGNED BY SUCH PATIENTS AND SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05637-02-9

 S. 6477                             2
 
 LICENSED DENTIST OR AN AUTHORIZED REPRESENTATIVE OF  SUCH  DENTIST,  AND
 (C)  INCLUDE THE FOLLOWING TEXT IN BOLD PRINTED FONT SIZE FORTY-EIGHT OR
 GREATER:
                                 "WARNING:
 WITHOUT  A  PRE-TREATMENT X-RAY EVALUATED BY THE TREATING DENTIST AT THE
 START OF THIS TREATMENT AND AT THE END OF THIS TREATMENT, THIS PROCEDURE
 CAN LEAD TO IRREVERSIBLE DAMAGE THAT  CAN  WORSEN  YOUR  CURRENT  DENTAL
 CONDITION."
                                  "WARNING:
 TELE-DENTISTRY  MOVEMENTS SHOWN FOR CLEAR ALIGNER TREATMENT AND APPROVED
 BY A LICENSED DENTIST PRIOR TO TREATMENT  MAY  NOT  REFLECT  YOUR  FINAL
 RESULTS. WITHOUT CLINICAL SUPERVISION BEFORE, DURING AND AFTER TREATMENT
 THE  RESULTS CAN LEAD TO IRREVERSIBLE DAMAGE THAT INCLUDES EARLY LOSS OR
 LOOSENING OF TEETH, TMJ DISORDERS, TRAUMATIC BITES, FRACTURED TEETH  AND
 PERIODONTAL BONE LOSS."
   §  3.  This  act  shall take effect immediately and apply to contracts
 executed on and after such date.

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Senate Bill S6477

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

2019-S6477 (ACTIVE) - Details

2019-S6477 (ACTIVE) - Summary

2019-S6477 (ACTIVE) - Sponsor Memo

2019-S6477 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6477

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Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Higher Education Committee

2019-S6477 (ACTIVE) - Details

2019-S6477 (ACTIVE) - Summary

2019-S6477 (ACTIVE) - Sponsor Memo

2019-S6477 (ACTIVE) - Bill Text download pdf

Comments