S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1364--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced by M. of A. CLARK, SIMON, STIRPE, McDONALD, REYES, SMULLEN --
   read once and referred to the Committee on Higher Education -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the education law and the public health 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 OF HEALTH PURSUANT TO TITLE SEVEN  OF  ARTICLE  FIVE  OF  THE
 PUBLIC  HEALTH  LAW  AND  such  OTHER  data  as may be prescribed by the
 commissioner's regulations. One copy shall be retained  by  the  practi-
 tioner  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 respective 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02645-02-5
              

 A. 1364--A                          2
 
 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
 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 REGISTERED PURSUANT  TO  TITLE  SEVEN  OF
 ARTICLE  FIVE OF THE PUBLIC HEALTH LAW making the prosthesis, such iden-
 tification 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. Article 5 of the public health law is amended  by  adding  a  new
 title 7 to read as follows:
                                  TITLE VII
                            DENTAL LABORATORIES
 SECTION 590. DEFINITIONS.
         591. DENTAL LABORATORY REGISTRATIONS.
         592. NONRESIDENT DENTAL LABORATORIES.
         593. ENFORCEMENT AND PENALTIES.
   § 590. DEFINITIONS.  AS  USED IN THIS TITLE, 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, OR A SUCCESSOR CERTIFYING BODY  ACCEPTABLE
 TO THE DEPARTMENT.
   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. "RESPONSIBLE PERSON" SHALL MEAN THE PERSON WHO:
   (A) CONTROLS A MAJORITY INTEREST IN A DENTAL LABORATORY; OR
 A. 1364--A                          3
 
   (B) IS PRIMARILY RESPONSIBLE FOR THE  SUPERVISION  OF  THE  DAY-TO-DAY
 OPERATIONS OF THE DENTAL LABORATORY.
   6.  "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.
   §  591.  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 DEPARTMENT'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.
   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.    AN  APPLICATION  FOR REGISTRATION OR RENEWAL 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 ARTICLE ONE HUNDRED  THIRTY-THREE  OF  THE
 EDUCATION LAW;
   (D)  A  STATEMENT  THAT THE DENTAL LABORATORY MEETS ACCEPTED INFECTION
 CONTROL PRECAUTION PRACTICES AS ESTABLISHED BY THE  DEPARTMENT  PURSUANT
 TO SECTION TWO HUNDRED THIRTY-A OF THIS CHAPTER;
   (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 THEY  WILL  DISCLOSE  TO  THE
 PRESCRIBING DENTIST THE POINT OF ORIGIN OF THE MANUFACTURE OF THE RESTO-
 RATION.  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) THE NAME OF ANY PERSON WHO WORKS AT LEAST THIRTY HOURS PER WEEK IN
 THE RESPONSIBLE PERSON'S DENTAL LABORATORY AND:
   (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 A SUCCESSOR CERTI-
 FYING BODY ACCEPTABLE TO THE DEPARTMENT, DURING  THE  THIRTY-SIX  MONTHS
 IMMEDIATELY  PRECEDING  THE  APPLICATION  FOR REGISTRATION OR RENEWAL OF
 REGISTRATION; OR
   (II) IS A CERTIFIED DENTAL TECHNICIAN IN GOOD STANDING;
 A. 1364--A                          4
 
   (H) AN ACKNOWLEDGMENT BY THE RESPONSIBLE  PERSON  OR  THE  SUPERVISING
 DENTIST  THAT  THE LABORATORY WILL CONTINUOUSLY SATISFY THE REQUIREMENTS
 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. A DENTAL LABORATORY REGISTRATION SHALL REQUIRE RENEWAL ON A  TRIEN-
 NIAL  BASIS FROM THE DATE OF ISSUANCE. REGISTRATIONS MAY BE RENEWED WITH
 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 ARTICLE ONE
 HUNDRED THIRTY-THREE OF THE EDUCATION LAW 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 INSTITUTION'S EDUCATIONAL  PROGRAM,  PROVIDED
 THAT THE DENTAL LABORATORY DOES NOT ROUTINELY PERFORM WORK FOR PRESCRIB-
 ING 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.
   § 592. NONRESIDENT  DENTAL  LABORATORIES.  1.  THE  TERM  "NONRESIDENT
 DENTAL LABORATORY" SHALL MEAN ANY DENTAL LABORATORY AS DEFINED IN SUBDI-
 VISION  THREE  OF  SECTION  FIVE  HUNDRED  NINETY  OF THIS TITLE THAT IS
 LOCATED OUTSIDE OF THIS STATE WHICH HAS ITS WORK PRODUCT PREPARED PURSU-
 ANT 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 FIVE  HUNDRED  NINETY-
 ONE OF THIS TITLE.
 A. 1364--A                          5
 
   5.  THE DEPARTMENT MAY ADOPT SUCH REGULATIONS AS APPROPRIATE TO EVALU-
 ATE 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
 TITLE.
   § 593. ENFORCEMENT AND PENALTIES. 1. A REGISTRATION ISSUED PURSUANT TO
 THIS  TITLE  MAY BE REVOKED OR SUSPENDED BY THE DEPARTMENT ON PROOF THAT
 THE RESPONSIBLE PERSON OR ONE OR MORE PERSONS IN THEIR EMPLOY:
   (A) HAS BEEN GUILTY OF MISREPRESENTATION IN OBTAINING THE REGISTRATION
 OR IN THE OPERATION OF THE DENTAL LABORATORY;
   (B) HAS SHIPPED, MAILED, OR DELIVERED DENTAL  PROSTHESES,  DEVICES  OR
 APPLIANCES  INTO THIS STATE PERFORMED IN ANOTHER DENTAL LABORATORY WITH-
 OUT DESIGNATING THE FACT THAT SUCH WORK PRODUCT WAS PERFORMED BY ANOTHER
 DENTAL LABORATORY;
   (C) HAS FAILED TO RENEW ANY REGISTRATION REQUIRED BY THE PROVISIONS OF
 THIS TITLE; OR
   (D) HAS NOT OTHERWISE COMPLIED WITH THE REQUIREMENTS OF THIS TITLE.
   2. ANY PERSON OR ENTITY WHICH OWNS OR OPERATES A DENTAL LABORATORY AND
 DOES NOT HOLD A VALID REGISTRATION SHALL BE LIABLE FOR A  CIVIL  PENALTY
 NOT  TO  EXCEED  ONE  THOUSAND DOLLARS FOR EACH DAY FOR THE UNREGISTERED
 OPERATION OF SUCH LABORATORY.
   3. ANY VIOLATION OF ANY OTHER PROVISION OF THIS TITLE SHALL BE SUBJECT
 TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS. A SECOND OR  SUBSEQUENT
 VIOLATION  SHALL  BE  PUNISHABLE BY A FINE OF NOT MORE THAN TWO THOUSAND
 FIVE HUNDRED DOLLARS.
   § 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.