Bill Text: NY S03516 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that any member of a district or county dental society who has been a member since 1977 may maintain his or her membership in that district or county dental society regardless of where such member resides or practices dentistry.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2017-06-07 - SUBSTITUTED BY A5984 [S03516 Detail]

Download: New_York-2017-S03516-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3516
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 24, 2017
                                       ___________
        Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
        AN ACT to amend chapter 987 of the laws of 1971 amending  the  education
          law  and  the  civil practice law and rules relating to the regulation
          and practice of certain professions; and to continue the dental socie-
          ty of the state of New York, in relation to counting representation in
          the New York state dental association
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions  1  and 2 of section 6 of chapter 987 of the
     2  laws of 1971 amending the education law and the civil practice  law  and
     3  rules  relating  to  the regulation and practice of certain professions;
     4  and to continue the dental society of the state of New York, as  amended
     5  by chapter 683 of the laws of 1997, are amended to read as follows:
     6    1.  The existing district dental societies are continued. In any judi-
     7  cial district in which a district dental society  is  not  incorporated,
     8  fifteen or more dentists of such district authorized to practice dentis-
     9  try in this state may become a district dental society of such district,
    10  by publishing a call for a meeting of the dentists of the district to be
    11  held  at  a  time and place mentioned therein within the district, in at
    12  least one newspaper in each county of the district, at least once a week
    13  for at least four weeks immediately preceding the time when such meeting
    14  is to be held, and by meeting at the time and place  specified  in  such
    15  notice  with  such  dentists  authorized  to  practice  dentistry in the
    16  district as may respond to such call, and by making and filing with  the
    17  secretary  of the state dental association a certificate, to be executed
    18  and acknowledged by the dentists so meeting, or by at least  fifteen  of
    19  them,  which shall set forth that such meeting has been held pursuant to
    20  such notice, the corporate name of  the  society,  which  shall  be  the
    21  district  dental  society  of  the  judicial district where located, the
    22  names and places of residence of the officers of  the  society  for  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08063-01-7
        S. 3516                             2
     1  first year, or until the first annual meeting, which officers shall be a
     2  president,  vice-president,  secretary and treasurer, the time and place
     3  of the annual meeting  of  the  society  and  the  general  objects  and
     4  purposes  of  the  association.  Thereupon  the  persons  executing such
     5  certificate and all other dentists in good standing  and  authorized  to
     6  practice  dentistry in such district, who shall subscribe to its bylaws,
     7  shall be a corporation by the name expressed in such certificate.  Every
     8  licensed and registered dentist in the judicial district in which such a
     9  society is formed, shall be eligible to membership in the district soci-
    10  ety  of  the district in which he or she resides or practices dentistry,
    11  except if such dentist resides or practices dentistry  in  a  county  in
    12  which  a  county  dental  society  is  formed  in the manner hereinafter
    13  provided, he or she shall be eligible to membership in such county soci-
    14  ety; provided, however, that after September 1, 1990  any  licensed  and
    15  registered  dentist  who is not a member of the state dental association
    16  shall be eligible for membership only in the district or county  society
    17  in which he or she maintains his or her primary practice.  Any member of
    18  a  district  or  county  dental  society  who  has been a member of such
    19  district or county dental  society  continuously  since  January  first,
    20  nineteen  hundred  seventy-seven,  may maintain his or her membership in
    21  that district or county dental society notwithstanding where such member
    22  resides or practices dentistry[, provided that for purposes of  counting
    23  the  number  of  members  in  any district or county dental society with
    24  respect to any New York state  dental  association  or  american  dental
    25  association matter relating to representation, all such members affected
    26  by  this  provision  shall be counted only as members of the district or
    27  county dental society where they maintain their primary practice and not
    28  as members of any other district or county dental society].  The  dental
    29  societies  of  the respective districts of the state shall have power to
    30  make all necessary bylaws not inconsistent with the laws of  this  state
    31  for  the  management of their affairs and property and the admission and
    32  expulsion of members; providing that no bylaw of  any  district  society
    33  shall be repugnant to or inconsistent with the bylaws of the state asso-
    34  ciation.  Twenty members or ten percent of the total membership entitled
    35  to  vote,  whichever  is  less,  shall be a quorum.   Such societies may
    36  purchase and hold real and personal property for the purposes  of  their
    37  incorporation.
    38    2.  Notwithstanding the provisions of this section or any other law or
    39  rule to the contrary, a county dental society may be formed if  applica-
    40  tion  by  fifteen  or  more  dentists  of  a county   or fifteen or more
    41  dentists from each of contiguous counties, or fifty percent or  more  of
    42  the  dentists in a county or from each contiguous county with fewer than
    43  thirty dentists is approved by the governing body of the New York  State
    44  Dental  Association.   Every licensed and registered dentist who resides
    45  or practices dentistry within the geographic area in which such a county
    46  society is formed shall be  eligible  to  membership  in  such  society;
    47  provided, however, that after September 1, 1990, any licensed and regis-
    48  tered  dentist who is not a member of the state dental association shall
    49  be eligible for membership only in the county society in which he or she
    50  maintains his or her primary practice. Any member of a district or coun-
    51  ty dental society who has been a  member  of  such  district  or  county
    52  dental society continuously since January first, nineteen hundred seven-
    53  ty-seven,  may maintain his or her membership in that district or county
    54  dental society notwithstanding where such member  resides  or  practices
    55  dentistry[, provided that for purposes of counting the number of members
    56  in  any  district  or county dental society with respect to any New York
        S. 3516                             3

     1  state dental association or american dental association matter  relating
     2  to  representation, all such members affected by this provision shall be
     3  counted only as members of the district or county dental  society  where
     4  they  maintain  their  primary  practice and not as members of any other
     5  district or county dental society]. Such county dental  societies  shall
     6  have  the same powers, duties and quorum requirements as district dental
     7  societies.
     8    § 2. This act shall take effect immediately.