assembly Bill A8442

2019-2020 Legislative Session

Relates to enacting the orthodontic tele-dentistry consumer protection act

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to higher education
Jul 08, 2019 referred to higher education

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

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.

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.