Senate Bill S2210

2021-2022 Legislative Session

Relates to enacting the orthodontic tele-dentistry consumer protection act

download bill text pdf

Sponsored By

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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2021-S2210 (ACTIVE) - Details

Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §6614, Ed L
Versions Introduced in 2019-2020 Legislative Session:
S6477

2021-S2210 (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.

2021-S2210 (ACTIVE) - Sponsor Memo

2021-S2210 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2210
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed 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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