Assembly Bill A8442

2019-2020 Legislative Session

Relates to enacting the orthodontic tele-dentistry consumer protection act

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A8442 (ACTIVE) - Details

See Senate Version of this Bill:
S6477
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Add §6614, Ed L
Versions Introduced in 2021-2022 Legislative Session:
A2245, S2210

2019-A8442 (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-A8442 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8442
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 8, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Higher Education
 
 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.
              

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