Senate Bill S7552

                                 
BILL NUMBER: S7552

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring labels iden-
tifying the country of origin on certain dental restoration products

 
PURPOSE:

This bill will require labels identifying the country of origin on
certain dental restoration products.

 
SUMMARY OF PROVISIONS:

The education law is amended by adding a new section 6614:

Section 1. Labeling of restoration products. Except as otherwise author-
ized by federal law, no dental restoration product shall be manufactured
or distributed within this state unless such product has clearly and
permanently marked or imprinted upon such product a label identifying
the country in which such product was manufactured. Such label shall be
              

permanent, legible and cosmetically acceptable, provided, however, that
where marking or imprinting a dental restoration product is not practi-
cable or clinically safe, such label shall be affixed to or imprinted
upon each package or container in which such product is intended to be
distributed or delivered within this state.

Section 2. Every dentist licensed in this state shall, prior to applying
or implanting a dental restoration product as defined by subdivision
three of this section, disclose to the patient the country of origin in
which such product was manufactured.

Section 3. For the purposes of this section, "dental restoration prod-
uct" shall mean any product or treatment used to restore the function,
integrity, or morphology of missing or damaged teeth, including, but not
limited to crowns, bridges, full or partial dentures, fillings, pros-
thetic devices, and any other structure or appliance used as a substi-
tute for natural teeth or tissue.

Section 4. The commissioner shall adopt rules and regulations and
provide standards necessary to carry out the provisions of this section.

Section 5. Whenever a dental restoration product is determined to have
been manufactured or distributed in violation of subdivision one of this
section, a civil penalty of five hundred dollars shall be imposed upon
the manufacturer of such product for each such violation.

Section 6. Effective date.

 
JUSTIFICATION:

Dental laboratories manufacture dental restorations to assist in the
provision of oral health care by a licensed dentist. Dental restorations
are products and treatments used to restore the function, integrity, and
morphology of missing tooth structure. These products include crowns,
bridges, dentures, partials and other dental products. The dental labo-
ratories follow a prescription from a licensed dentist when manufactur-
ing these items. Many of these dental laboratories are independently
owned and family businesses who employ hundreds of employees in New York
State and across the country, and are dedicated to consistently provid-
ing the highest quality products, services, and expertise to the patient
and dental community.

There is a tremendous amount of consolidation happening in dentistry,
dental chains, and dental service organizations. Even some dental labo-
ratories are choosing to outsource a significant portion of their dental
restoration production to laboratories outside of the country, such as
China, India, Mexico and other offshore locations as a way to reduce
costs. However, these cost savings are not necessarily passed on to the
patient (end consumer), nor does that patient (end consumer) realize
that these restorations are being made outside of the United States.

There is currently no law requiring dentists to notify their patient as
to where their dental restoration was manufactured. The public deserves
the right to know where their dental restoration, which is being placed
in their mouth, has been made.

This legislation will require a label indicating where the product was
manufacture and require that a dentist disclose to their patient the
country of origin of the dental restoration that they are placing in
that patient's mouth. Whenever a dental restoration product is deter-
mined to have been manufactured or distributed in violation, a civil
penalty of five hundred dollars shall be imposed upon the manufacturer
of such product for each such violation.

It is essential to support those companies that manufacture in New York
State and the United States who are working hard to provide employment
and economic growth opportunities. This legislation, if enacted, contin-
ues to support these companies and puts patient health, awareness and
education as a priority.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.