S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5984
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2017
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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:
 
   Section 1. Subdivisions 1 and 2 of section 6 of  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 society of the state of New York, as amended
 by chapter 683 of the laws of 1997, are amended to read as follows:
   1. The existing district dental societies are continued. In any  judi-
 cial  district  in  which a district dental society is not incorporated,
 fifteen or more dentists of such district authorized to practice dentis-
 try in this state may become a district dental society of such district,
 by publishing a call for a meeting of the dentists of the district to be
 held at a time and place mentioned therein within the  district,  in  at
 least one newspaper in each county of the district, at least once a week
 for at least four weeks immediately preceding the time when such meeting
 is  to  be  held, and by meeting at the time and place specified in such
 notice with such  dentists  authorized  to  practice  dentistry  in  the
 district  as may respond to such call, and by making and filing with the
 secretary of the state dental association a certificate, to be  executed
 and  acknowledged  by the dentists so meeting, or by at least fifteen of
 them, which shall set forth that such meeting has been held pursuant  to
 such  notice,  the  corporate  name  of  the society, which shall be the
 district dental society of the  judicial  district  where  located,  the
 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

 A. 5984                             2
 
 first year, or until the first annual meeting, which officers shall be a
 president, vice-president, secretary and treasurer, the time  and  place
 of  the  annual  meeting  of  the  society  and  the general objects and
 purposes  of  the  association.  Thereupon  the  persons  executing such
 certificate and all other dentists in good standing  and  authorized  to
 practice  dentistry in such district, who shall subscribe to its bylaws,
 shall be a corporation by the name expressed in such certificate.  Every
 licensed and registered dentist in the judicial district in which such a
 society is formed, shall be eligible to membership in the district soci-
 ety  of  the district in which he or she resides or practices dentistry,
 except if such dentist resides or practices dentistry  in  a  county  in
 which  a  county  dental  society  is  formed  in the manner hereinafter
 provided, he or she shall be eligible to membership in such county soci-
 ety; provided, however, that after September 1, 1990  any  licensed  and
 registered  dentist  who is not a member of the state dental association
 shall be eligible for membership only in the district or county  society
 in which he or she maintains his or her primary practice.  Any member of
 a  district  or  county  dental  society  who  has been a member of such
 district or county dental  society  continuously  since  January  first,
 nineteen  hundred  seventy-seven,  may maintain his or her membership in
 that district or county dental society notwithstanding where such member
 resides or practices dentistry[, provided that for purposes of  counting
 the  number  of  members  in  any district or county dental society with
 respect to any New York state  dental  association  or  american  dental
 association matter relating to representation, all such members affected
 by  this  provision  shall be counted only as members of the district or
 county dental society where they maintain their primary practice and not
 as members of any other district or county dental society].  The  dental
 societies  of  the respective districts of the state shall have power to
 make all necessary bylaws not inconsistent with the laws of  this  state
 for  the  management of their affairs and property and the admission and
 expulsion of members; providing that no bylaw of  any  district  society
 shall be repugnant to or inconsistent with the bylaws of the state asso-
 ciation.  Twenty members or ten percent of the total membership entitled
 to  vote,  whichever  is  less,  shall be a quorum.   Such societies may
 purchase and hold real and personal property for the purposes  of  their
 incorporation.
   2.  Notwithstanding the provisions of this section or any other law or
 rule to the contrary, a county dental society may be formed if  applica-
 tion  by  fifteen  or  more  dentists  of  a county   or fifteen or more
 dentists from each of contiguous counties, or fifty percent or  more  of
 the  dentists in a county or from each contiguous county with fewer than
 thirty dentists is approved by the governing body of the New York  State
 Dental  Association.   Every licensed and registered dentist who resides
 or practices dentistry within the geographic area in which such a county
 society is formed shall be  eligible  to  membership  in  such  society;
 provided, however, that after September 1, 1990, any licensed and regis-
 tered  dentist who is not a member of the state dental association shall
 be eligible for membership only in the county society in which he or she
 maintains his or her primary practice. Any member of a district or coun-
 ty dental society who has been a  member  of  such  district  or  county
 dental society continuously since January first, nineteen hundred seven-
 ty-seven,  may maintain his or her membership in that district or county
 dental society notwithstanding where such member  resides  or  practices
 dentistry[, provided that for purposes of counting the number of members
 in  any  district  or county dental society with respect to any New York

 A. 5984                             3

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