Senate Bill S7214

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7214
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen.  CHU  --  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 dental laboratories
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of  section 6611 of the education law, as
 amended by chapter 576 of the laws  of  2001,  is  amended  to  read  as
 follows:
   1.  Except  upon  the  written  dental  laboratory  prescription  of a
 licensed dentist and except by the use of impressions, INCLUDING BUT NOT
 LIMITED TO DIGITAL INTRAORAL SCANS OR ANALOG IMPRESSIONS, or casts  made
 by  a  licensed  dentist,  no  dental  laboratory shall furnish, supply,
 construct, reproduce, place, adjust, or repair  any  dental  prosthesis,
 device, or appliance. A dental laboratory prescription shall be made out
 in  duplicate.  It  shall  contain THE REGISTRATION NUMBER ISSUED BY THE
 DEPARTMENT AND such OTHER data as may be prescribed by  the  commission-
 er's  regulations.  One  copy  shall  be retained by the practitioner of
 dentistry for a period of one year. The other copy shall  be  issued  to
 the  person,  firm  or  corporation engaged in filling dental laboratory
 prescriptions, who or which shall each retain and file in their  respec-
 tive  offices or places of business their respective copies for a period
 of one year.
   § 2. Section 6612 of the education law, as added by chapter 332 of the
 laws of 1985, is amended to read as follows:
   § 6612. Identification  of  removable  full  or   partial   prosthetic
 devices.   1. Except as provided [herein] IN THIS SECTION, every dentist
 licensed in this state making or directing to be made a removable  pros-
 thetic denture, bridge, appliance or other structure to be used and worn
 as  a  substitute for natural teeth, shall offer to the patient for whom
 the prosthesis is intended  the  opportunity  to  have  such  prosthesis
 marked  with  the  patient's  name  or  initials. Such markings shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11541-01-3
              

 S. 7214                             2
 
 accomplished at the time the prosthesis is made  and  the  location  and
 methods used to apply or implant them shall be determined by the dentist
 or  the  person  acting  on behalf of the dentist. Such marking shall be
 permanent, legible and cosmetically acceptable.
   2. Notwithstanding the foregoing, if in the judgment of the dentist or
 the  [person]  DENTAL LABORATORY making the prosthesis, such identifica-
 tion is not practicable or clinically safe, the identification marks may
 be omitted entirely.
   3. The commissioner shall adopt  rules  and  regulations  and  provide
 standards necessary to carry out the provisions of this section.
   § 3. The education law is amended by adding three new sections 6610-a,
 6614, and 6615 to read as follows:
   §  6610-A. DENTAL LABORATORIES. FOR THE PURPOSES OF SECTIONS SIXTY-SIX
 HUNDRED ELEVEN, SIXTY-SIX HUNDRED TWELVE,  SIXTY-SIX  HUNDRED  FOURTEEN,
 AND SIXTY-SIX HUNDRED FIFTEEN OF THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "CERTIFIED DENTAL TECHNICIAN" SHALL MEAN A DENTAL LABORATORY TECH-
 NICIAN WHO IS CERTIFIED BY  THE  NATIONAL  BOARD  FOR  CERTIFICATION  IN
 DENTAL LABORATORY TECHNOLOGY.
   2.  "PRESCRIBING  DENTIST"  SHALL MEAN A LICENSED DENTIST WHO ISSUES A
 DENTAL LABORATORY  PRESCRIPTION  OR  ANY  OTHER  WRITTEN  OR  ELECTRONIC
 INSTRUMENT  DIRECTING  THE  MANUFACTURE  OF OR WORK TO BE PERFORMED ON A
 DENTAL PROSTHESIS, DEVICE, OR APPLIANCE.
   3. "DENTAL LABORATORY" SHALL MEAN  A  FACILITY  THAT  ENGAGES  IN  THE
 DESIGNING,  MAKING,  REPAIRING,  ALTERING,  OR  SUPPLYING  OF ARTIFICIAL
 RESTORATIONS, SUBSTITUTIONS, APPLIANCES, OR MATERIALS FOR THE CORRECTION
 OF DISEASE, LOSS, DEFORMITY, MALPOSITION, DISLOCATION, FRACTURE,  INJURY
 TO THE JAWS, TEETH, LIPS, GUMS, CHEEKS, PALATE, OR ASSOCIATED TISSUES OR
 PARTS.
   4.  "MATERIAL CONTENT DISCLOSURE" SHALL MEAN A NOTICE TO THE PRESCRIB-
 ING DENTIST THAT CONTAINS THE NAME, PHYSICAL ADDRESS,  AND  REGISTRATION
 NUMBER  OF  THE  DENTAL  LABORATORY  THAT RECEIVED A PRESCRIPTION OR ANY
 OTHER WRITTEN OR ELECTRONIC INSTRUMENT FROM A LICENSED DENTIST DIRECTING
 THE MANUFACTURE OF OR WORK TO  BE  PERFORMED  ON  A  DENTAL  PROSTHESIS,
 DEVICE,  OR  APPLIANCE, AND THE CITY, STATE, AND COUNTRY OF ORIGIN WHERE
 THE WORK ON THE PROSTHESIS, DEVICE OR APPLIANCE WAS PERFORMED  IN  WHOLE
 OR  IN  PART  OR  LABORATORIES  THAT MANUFACTURED OR REPAIRED THE DENTAL
 PROSTHESIS, EITHER DIRECTLY OR INDIRECTLY,  AND  THE  COMPLETE  MATERIAL
 CONTENT INFORMATION OF ALL PATIENT CONTACT MATERIALS USED IN SUCH DENTAL
 PROSTHESIS,  DEVICE  OR  APPLIANCE,  INCLUDING WHETHER THE UNITED STATES
 FOOD AND DRUG ADMINISTRATION CLEARED MATERIALS WERE  USED.  SUCH  NOTICE
 MUST  BE  PROVIDED IN A MANNER THAT CAN BE EASILY ENTERED INTO A PATIENT
 RECORD.
   5. "WORK AUTHORIZATION" SHALL MEAN A WRITTEN  INSTRUMENT  BY  WHICH  A
 DENTAL LABORATORY DELEGATES TO ANOTHER DENTAL LABORATORY TO PERFORM WORK
 ON  A  DENTAL  PROSTHESIS, DEVICE, OR APPLIANCE, IN WHOLE OR IN PART, AS
 AUTHORIZED BY A DENTAL LABORATORY PRESCRIPTION FROM A LICENSED DENTIST.
   § 6614. DENTAL LABORATORY REGISTRATIONS. 1. (A) ANY DENTAL  LABORATORY
 OPERATING,  DOING  BUSINESS,  OR  INTENDING TO OPERATE OR DO BUSINESS IN
 THIS STATE MUST REGISTER WITH THE DEPARTMENT IN A MANNER  ACCEPTABLE  TO
 THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   (B)  A  DENTAL LABORATORY SHALL BE CONSIDERED OPERATING OR DOING BUSI-
 NESS WITHIN THIS STATE IF ITS WORK PRODUCT IS PREPARED FOR A PRESCRIBING
 DENTIST PURSUANT TO A PRESCRIPTION  OR  WORK  AUTHORIZATION  ORIGINATING
 FROM AN ENTITY LOCATED WITHIN THIS STATE.
 S. 7214                             3
 
   2.  ANY  DENTAL  LABORATORY OPERATING, DOING BUSINESS, OR INTENDING TO
 OPERATE OR DO BUSINESS WITHIN THIS STATE MUST SUBMIT AN APPLICATION  FOR
 REGISTRATION  OF  DENTAL LABORATORY OR RENEWAL OF REGISTRATION OF DENTAL
 LABORATORY TO THE DEPARTMENT IN A FORM PROVIDED BY  THE  DEPARTMENT  AND
 ACCOMPANIED  BY  A  REGISTRATION  OR  RENEWAL  FEE  AS  PROVIDED IN THIS
 SECTION.  APPLICATIONS FOR REGISTRATION OR RENEWALS OF REGISTRATION MUST
 INCLUDE:
   (A) THE NAME, MAILING ADDRESS, PHONE NUMBER, AND EMAIL ADDRESS OF  THE
 DENTAL LABORATORY;
   (B)  THE  PHYSICAL ADDRESS OF THE DENTAL LABORATORY, IF DIFFERENT FROM
 THE MAILING ADDRESS OF THE DENTAL LABORATORY;
   (C) THE NAME, MAILING ADDRESS, PHONE NUMBER, AND EMAIL ADDRESS OF  THE
 RESPONSIBLE  PERSON,  OR, THE NAME AND LICENSE NUMBER OF THE SUPERVISING
 DENTIST WHO IS LICENSED UNDER THIS ARTICLE;
   (D) A STATEMENT THAT THE DENTAL LABORATORY  MEETS  ACCEPTED  INFECTION
 CONTROL  PRECAUTION PRACTICES AS ESTABLISHED BY THE DEPARTMENT OF HEALTH
 PURSUANT TO SECTION TWO HUNDRED THIRTY-A OF THE PUBLIC HEALTH LAW;
   (E) AN ACKNOWLEDGMENT BY THE RESPONSIBLE  PERSON  OR  THE  SUPERVISING
 DENTIST  THAT  THE  DENTAL  LABORATORY  WILL  PROVIDE A MATERIAL CONTENT
 DISCLOSURE TO THE PRESCRIBING DENTIST OF ALL PATIENT  CONTACT  MATERIALS
 THAT  CONTAIN BOTH THE MANUFACTURER AND BRAND NAME, OR THE UNITED STATES
 FOOD AND DRUG ADMINISTRATION REGISTRATION NUMBER OF ALL PATIENT  CONTACT
 MATERIALS  CONTAINED  IN  EACH  RESTORATION  SUCH  THAT  THE DENTIST MAY
 INCLUDE THOSE IN THE PATIENT'S RECORD;
   (F) AN ACKNOWLEDGMENT BY THE RESPONSIBLE  PERSON  OR  THE  SUPERVISING
 DENTIST  WHO  IS  LICENSED IN THIS STATE THAT HE OR SHE WILL DISCLOSE TO
 THE PRESCRIBING DENTIST THE POINT OF ORIGIN OF THE  MANUFACTURE  OF  THE
 RESTORATION.  IF  THE RESTORATION WAS PARTIALLY OR ENTIRELY MANUFACTURED
 BY A THIRD-PARTY PROVIDER, THE POINT OF ORIGIN DISCLOSURE MUST  IDENTIFY
 THE  PORTION MANUFACTURED BY A THIRD-PARTY PROVIDER AND THE CITY, STATE,
 AND COUNTRY OF THE PROVIDER;
   (G) MATERIALS DOCUMENTING THAT THE APPLICANT OR ONE OF THE APPLICANT'S
 EMPLOYEES WHO WORKS AT LEAST THIRTY HOURS PER WEEK  IN  THE  APPLICANT'S
 DENTAL LABORATORY:
   (I) HAS SUCCESSFULLY COMPLETED AT LEAST THIRTY-SIX HOURS OF CONTINUING
 EDUCATION IN DENTAL LABORATORY TECHNOLOGY APPROVED BY THE NATIONAL BOARD
 FOR  CERTIFICATION IN DENTAL LABORATORY TECHNOLOGY OR ANOTHER CERTIFYING
 BODY HAVING CERTIFICATION OR REGISTRATION STANDARDS  ACCEPTABLE  TO  THE
 COMMISSIONER  DURING  THE  THIRTY-SIX MONTHS IMMEDIATELY PRECEDING THEIR
 APPLICATION OR RENEWAL FOR REGISTRATION,  PROVIDED  HOWEVER,  THAT  SUCH
 EDUCATION MUST BE COMPLETED BY AN INDIVIDUAL WHO WORKS ON THE LABORATORY
 PREMISES; OR
   (II) IS A CERTIFIED DENTAL TECHNICIAN IN GOOD STANDING;
   (H)  AN  ACKNOWLEDGMENT  BY  THE RESPONSIBLE PERSON OR THE SUPERVISING
 DENTIST THAT THE LABORATORY WILL CONTINUOUSLY MAINTAIN A QUALIFIED OWNER
 OR EMPLOYEE  SATISFYING  THE  REQUIREMENTS  OF  PARAGRAPH  (G)  OF  THIS
 SECTION; AND
   (I) A REGISTRATION OR RENEWAL FEE, NOT TO EXCEED ONE HUNDRED AND FIFTY
 DOLLARS, AS DETERMINED BY THE DEPARTMENT.
   3.  UPON  APPROVAL  OF  A  REGISTRATION  FOR  A DENTAL LABORATORY, THE
 DEPARTMENT SHALL ASSIGN THE DENTAL  LABORATORY  A  REGISTRATION  NUMBER.
 SUCH  REGISTRATION  NUMBER MUST APPEAR ON ANY INVOICE FROM AND ALL OTHER
 CORRESPONDENCE BY A DENTAL LABORATORY TO THE PRESCRIBING DENTIST.
   4. DENTAL LABORATORY REGISTRATIONS SHALL REQUIRE RENEWAL ON A TRIENNI-
 AL BASIS FROM THE DATE OF ISSUANCE. REGISTRATIONS MAY  BE  RENEWED  WITH
 S. 7214                             4
 
 THE  DEPARTMENT  UPON  RECEIPT  AND APPROVAL OF APPLICATION MATERIALS AS
 REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
   5.  (A)  THIS SECTION SHALL NOT APPLY TO A DENTAL LABORATORY OPERATING
 UNDER THE SUPERVISION OF A PRACTICING DENTIST LICENSED UNDER THIS  ARTI-
 CLE  IN A DENTAL OFFICE OR AS A PART OF A DENTAL PRACTICE, PROVIDED THAT
 THE LABORATORY DOES NOT PERFORM WORK  FOR  A  PRESCRIBING  DENTIST  FROM
 OUTSIDE  OF  THE  SUPERVISING  DENTIST'S  DENTAL PRACTICE OR SUPERVISING
 DENTIST'S OFFICE, OR IN AN EDUCATIONAL INSTITUTION AS PART OF THE INSTI-
 TUTION'S EDUCATIONAL PROGRAM, PROVIDED THAT THE DENTAL  LABORATORY  DOES
 NOT  ROUTINELY PERFORM WORK FOR PRESCRIBING DENTISTS FROM OUTSIDE OF THE
 EDUCATIONAL INSTITUTION.
   (B) A RESPONSIBLE PERSON OR EMPLOYEE OF A DENTAL LABORATORY MAY ENGAGE
 IN ONSITE CONSULTATION WITH A LICENSED DENTIST DURING  A  DENTAL  PROCE-
 DURE.
   §  6615.  NONRESIDENT  DENTAL  LABORATORIES.  1. THE TERM "NONRESIDENT
 DENTAL LABORATORY" SHALL MEAN ANY DENTAL LABORATORY AS DEFINED IN SUBDI-
 VISION THREE OF SECTION SIXTY-SIX TEN-A OF THIS ARTICLE LOCATED  OUTSIDE
 OF  THIS  STATE  WHICH  HAS  ITS  WORK  PRODUCT  PREPARED  PURSUANT TO A
 PRESCRIPTION OR ANY  OTHER  WRITTEN  OR  ELECTRONIC  INSTRUMENT  FROM  A
 LICENSED  DENTIST  OR  WORK  AUTHORIZATION  ORIGINATING  FROM  AN ENTITY
 LOCATED WITHIN THIS STATE.
   2. ANY NONRESIDENT DENTAL LABORATORY THAT SHIPS,  MAILS,  OR  DELIVERS
 DENTAL PROSTHESES, DEVICES OR APPLIANCES TO ANY OTHER DENTAL LABORATORY,
 DENTAL  OFFICE,  LICENSED DENTIST, AND/OR PATIENT IN THIS STATE PURSUANT
 TO A PRESCRIPTION OR ANY OTHER WRITTEN OR ELECTRONIC INSTRUMENT  FROM  A
 LICENSED  DENTIST  OR  WORK  AUTHORIZATION  ORIGINATING  FROM  AN ENTITY
 LOCATED WITHIN THIS STATE SHALL BE REGISTERED WITH THE DEPARTMENT.
   3. EACH NONRESIDENT DENTAL LABORATORY THAT SHIPS, MAILS,  OR  DELIVERS
 DENTAL PROSTHESES, DEVICES OR APPLIANCES INTO THIS STATE SHALL DESIGNATE
 A  RESIDENT  AGENT IN THIS STATE FOR SERVICE OF PROCESS PURSUANT TO RULE
 THREE HUNDRED EIGHTEEN OF THE CIVIL PRACTICE LAW AND RULES.
   4. AS A CONDITION OF REGISTRATION,  A  NONRESIDENT  DENTAL  LABORATORY
 SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
   (A) BE IN GOOD STANDING IN THE STATE OF RESIDENCE;
   (B)  MAINTAIN,  IN  READILY  RETRIEVABLE FORM, RECORDS OF WORK PRODUCT
 SHIPPED INTO THIS STATE;
   (C) SUPPLY, UPON REQUEST, ALL INFORMATION NEEDED BY THE DEPARTMENT  TO
 CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE LAWS AND RULES AND
 REGULATIONS PERTAINING TO NONRESIDENT DENTAL LABORATORIES;
   (D) COMPLY WITH ALL STATUTORY AND REGULATORY REQUIREMENTS OF THE STATE
 WHERE THE NONRESIDENT DENTAL LABORATORY IS LOCATED;
   (E) APPLY IN THE MANNER AND FORM PRESCRIBED BY THE DEPARTMENT PURSUANT
 TO  THE  REQUIREMENTS  OF  SUBDIVISION  TWO OF SECTION SIXTY-SIX HUNDRED
 FOURTEEN OF THIS ARTICLE.
   5. THE COMMISSIONER MAY ADOPT SUCH REGULATIONS AS APPROPRIATE TO EVAL-
 UATE REGISTRATIONS FROM DENTAL LABORATORIES THAT  HOLD  VALID  LICENSES,
 REGISTRATIONS,  CERTIFICATIONS  OR  THEIR EQUIVALENT IN ANOTHER STATE OR
 COUNTRY, PROVIDED THE STANDARDS FOR GRANTING LICENSES, REGISTRATIONS, OR
 CERTIFICATIONS TO SUCH  FACILITIES  ARE  NOT  LESS  THAN  THE  STANDARDS
 REQUIRED  OF  DENTAL  LABORATORIES OTHERWISE REGISTERED PURSUANT TO THIS
 SECTION.
   § 4. 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
 effective date are authorized to be made and completed on or before such
 effective date.