Search OpenLegislation Statutes

This entry was published on 2015-01-09
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Special provisions
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 133
§ 6611. Special provisions. 1. Except upon the written dental
laboratory prescription of a licensed dentist and except by the use of
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 such data
as may be prescribed by the commissioner'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 respective offices or places of business
their respective copies for a period of one year.

2. The department is empowered to inspect and to have access to all
places, including the office or offices of a licensed dentist, where
copies of dental laboratory prescriptions issued by him are retained as
required by this section, and to all places where dental laboratory
prescriptions are filled or to any workroom or workrooms in which
prosthetic restorations, prosthetic dentures, bridges, orthodontic or
other appliances or structures to be used as substitutes for natural
teeth or tissue or for the correction of malocclusion or deformities are
made, repaired or altered, with power to subpoena and examine records of
dental laboratory prescriptions. A person who fails to grant access to
such places or who fails to maintain prescriptions as required by this
section shall be guilty of a class A misdemeanor.

3. The department may arrange for the conduct of clinical examinations
in the clinic of any school of dentistry or dental hygiene within or
outside the state for dental or dental hygiene candidates.

4. A not-for-profit dental or medical expense indemnity corporation or
hospital service corporation organized under the insurance law or
pursuant to special legislation may enter into contracts with dentists
or partnerships of dentists to provide dental care on its behalf for
persons insured under its contracts or policies.

5. Legally incorporated dental corporations existing and in operation
prior to January first, nineteen hundred sixteen, may continue to
operate through licensed dentists while conforming to the provisions of
this title. Any such corporation which shall be dissolved or cease to
exist or operate for any reason whatsoever shall not be permitted to
resume operations. No such corporation shall change its name or sell its
franchise or transfer its corporate rights directly or indirectly, by
transfer of capital stock control or otherwise, to any person or to
another corporation without permission from the department, and any
corporation so changing its name or so transferring its franchise or
corporate rights without such permission shall be deemed to have
forfeited its rights to exist and may be dissolved by an action brought
by the attorney general.

6. Notwithstanding any inconsistent provision of any general, special
or local law, any licensed dentist who voluntarily and without the
expectation of monetary compensation renders first aid or emergency
treatment at the scene of an accident or other emergency, outside of a
hospital or any other place having proper and necessary medical equip-
ment, to a person who is unconscious, ill or injured shall not be liable
for damages for injuries alleged to have been sustained by such person
or for damages for the death of such person alleged to have occurred by
reason of an act or omission in the rendering of such first aid or
emergency treatment unless it is established that such injuries were or
such death was caused by gross negligence on the part of such dentist.
Nothing in this subdivision shall be deemed or construed to relieve a
licensed dentist from liability for damages for injuries or death caused
by an act or omission on the part of a dentist while rendering
professional services in the normal and ordinary course of practice.

7. Any dentist or dental hygienist, who in the performance of dental
services, x-rays the mouth or teeth of a patient shall during the
performance of such x-rays shield the torso and thyroid area of such
patient including but not limited to the gonads and other reproductive
organs with a lead apron thyroid collar, or other similar protective
garment or device. Notwithstanding the provisions of this subdivision,
if in the dentist's professional judgment the use of a thyroid collar
would be inappropriate under the circumstances, because of the nature of
the patient, the type of x-ray being taken, or other factors, the
dentist or dental hygienist need not shield the thyroid area.

8. An unlicensed person may provide supportive services to a dentist
incidental to and concurrent with such dentist personally performing a
service or procedure. Nothing in this subdivision shall be construed to
allow an unlicensed person to provide any service which constitutes the
practice of dentistry or dental hygiene as defined in this article.

9. There shall be no monetary liability on the part of, and no cause
of action for damages shall arise against, any person, partnership,
corporation, firm, society, or other entity on account of the
communication of information in the possession of such person or entity,
or on account of any recommendation or evaluation, regarding the
qualifications, fitness, or professional conduct or practices of a
dentist, to any governmental agency, dental or specialists society, or
hospital as defined in article twenty-eight of the public health law.
The foregoing shall not apply to information which is untrue and
communicated with malicious intent.

10. Each dentist and registered dental hygienist working for a
hospital as defined in article twenty-eight of the public health law who
practices in collaboration with a licensed dentist shall become
certified in cardiopulmonary resuscitation (CPR) from an approved
provider and thereafter maintain current certification, which shall be
included in the mandatory hours of continuing education acceptable for
dentists to the extent provided in the commissioner's regulations. In
the event the dentist or registered dental hygienist cannot physically
perform CPR, the commissioner's regulations shall allow the dentist or
registered dental hygienist to make arrangements for another individual
in the office to administer CPR. All dental facilities shall have an
automatic external defibrillator or other defibrillator at the facility.