Bill Text: NY S00816 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides for the certification of and qualifications for dentists practicing oral and maxillofacial surgery; includes such dentist within provisions of law regulating office-based surgery; provides for a study of whether an oral and maxillofacial surgery profiling program should be established; and provides that in an oral and maxillofacial surgery malpractice action a physician may be called as an expert witness at trial.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-01-07 - REFERRED TO HIGHER EDUCATION [S00816 Detail]
Download: New_York-2015-S00816-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
816
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sen. LIBOUS -- 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 amending the defi-
nition of the scope of practice of dentistry to authorize certain
dentists who are qualified and certified to perform any procedure in
the oral and maxillofacial area; and to amend the public health law
and the civil practice law and rules, in relation to the discipline
and liability of dentists who are so qualified and certified
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 6601 of the education law, as amended by chapter
2 576 of the laws of 2001, is amended to read as follows:
3 S 6601. Definition of practice of dentistry. 1. The practice of the
4 profession of dentistry is defined as diagnosing, treating, operating,
5 or prescribing for any disease, pain, injury, deformity, or physical
6 condition of the oral and maxillofacial area related to restoring and
7 maintaining dental health. The practice of dentistry includes the
8 prescribing and fabrication of dental prostheses and appliances. The
9 practice of dentistry may include performing physical evaluations in
10 conjunction with the provision of dental treatment.
11 2. ANY ORAL AND MAXILLOFACIAL SURGEON CERTIFIED BY THE DEPARTMENT IN
12 ACCORDANCE WITH QUALIFICATIONS ESTABLISHED BY THE DEPARTMENT MAY PERFORM
13 ADDITIONAL SURGICAL PROCEDURES INVOLVING THE HARD OR SOFT TISSUES OF THE
14 ORAL AND MAXILLOFACIAL AREA. QUALIFICATIONS TO PERFORM SUCH ADDITIONAL
15 SURGICAL PROCEDURES SHALL INCLUDE BEING: (A) CERTIFIED BY THE AMERICAN
16 BOARD OF ORAL AND MAXILLOFACIAL SURGERY OR SUCH EQUIVALENT NATIONAL
17 CERTIFYING BOARD OR ORGANIZATION ACCEPTABLE TO THE COMMISSIONER FOR SUCH
18 ADDITIONAL SURGICAL PROCEDURES, AND (B) GRANTED HOSPITAL PRIVILEGES FOR
19 SUCH SURGICAL PROCEDURES BY A GENERAL HOSPITAL LICENSED PURSUANT TO
20 ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04734-01-5
S. 816 2
1 S 2. Paragraph (i) of subdivision 1 of section 230-d of the public
2 health law, as amended by chapter 438 of the laws of 2012, is amended to
3 read as follows:
4 (i) "Licensee" shall mean an individual licensed or otherwise author-
5 ized under article one hundred thirty-one, one hundred thirty-one-B,
6 CERTIFIED PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-SIX HUNDRED ONE,
7 OR individuals who have obtained an issuance of a privilege to perform
8 podiatric standard or advanced ankle surgery pursuant to subdivisions
9 one and two of section seven thousand nine of the education law.
10 S 3. Section 2995-d of the public health law is amended by adding a
11 new subdivision 4-b to read as follows:
12 4-B. IN COOPERATION WITH THE EDUCATION DEPARTMENT, STUDY HEALTH CARE
13 PRACTITIONER DATA RELATING TO ORAL AND MAXILLOFACIAL SURGEONS CERTIFIED
14 PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-SIX HUNDRED ONE OF THE
15 EDUCATION LAW. SUCH STUDY SHALL INCLUDE CONSIDERATION OF WHETHER AN
16 INDIVIDUAL PROFILING PROGRAM SHOULD BE ESTABLISHED AND OUTLINE AN APPRO-
17 PRIATE METHOD TO DEVELOP AND IMPLEMENT SUCH A PROFILING PROGRAM IF SUCH
18 A PROGRAM IS DETERMINED BY THE DEPARTMENT TO BE IN THE PUBLIC INTEREST.
19 SUCH PROGRAM AND RECOMMENDATIONS MAY BE SIMILAR TO THE PHYSICIAN
20 PROFILES ESTABLISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED
21 NINETY-FIVE-A OF THIS TITLE. SUCH A PROPOSED ORAL AND MAXILLOFACIAL
22 SURGEON PROFILING PROGRAM, IF SUCH A PROGRAM IS DETERMINED BY THE
23 DEPARTMENT TO BE IN THE PUBLIC INTEREST, SHOULD BE CAPABLE OF PRESENT-
24 ING, IN A COST EFFECTIVE MANNER, RELEVANT MEDICAL AND TREATMENT INFORMA-
25 TION IN A FORMAT THAT IS EASILY UNDERSTOOD BY AND MADE AVAILABLE TO THE
26 GENERAL PUBLIC. SUCH STUDY AND ITS FINDINGS SHALL BE SUBMITTED TO THE
27 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
28 ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF
29 THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN;
30 S 4. Paragraph 1 of subdivision (d) of section 3101 of the civil prac-
31 tice law and rules is amended by adding a new subparagraph (v) to read
32 as follows:
33 (V) IN AN ACTION FOR ORAL AND MAXILLOFACIAL SURGERY MEDICAL MALPRAC-
34 TICE FOR PROCEDURES PERFORMED PURSUANT TO SUBDIVISION TWO OF SECTION
35 SIXTY-SIX HUNDRED ONE OF THE EDUCATION LAW, A PHYSICIAN MAY BE CALLED AS
36 AN EXPERT WITNESS AT TRIAL.
37 S 5. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law. Effective immediately, the addition, amend-
39 ment and/or repeal of any rule or regulation necessary for the implemen-
40 tation of the provisions of this act on its effective date are author-
41 ized to be made on or before such effective date.
