NY State Senate Bill 2017-S9108

Senate Bill S9108

2017-2018 Legislative Session

Relates to enacting the orthodontic specialty consumer protection act

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	referred to rules

2017-S9108 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Add §6614, Ed L

2017-S9108 (ACTIVE) - Summary

Enacts the orthodontic specialty consumer protection act placing additional requirements on licensed dental procedures entities and licensed dentists who perform cosmetic dental procedures.

2017-S9108 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9108

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the education law, in relation to
enacting the orthodontic specialty consumer protection act

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would enact the orthodontic specialty consumer protection act.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Names the Act the "orthodontic specialty consumer protection
act."  The education law is amended by adding new section 6614 to

*require that every entity engaged in cosmetic orthodontics in NYS will
be in full compliance with standards of care as prescribed by the Ameri-
can Dental Association;
*require the NYS Dept. of Education Licensing Bureau to investigate
complaints of noncompliance and the authority to void license to operate
for entity with more than two violations;

*ban the use of any arbitration clause used in contract agreements
between a patient and any dental procedure's office for cosmetic
purposes; and
*require that a cosmetic orthodontics office must provide the following
text in point size 48 and bold on a separate page of the contract and
that page must be signed by, both the patient and a representative, of
the entity providing service. "WARNING: Without an x-ray at start of
this treatment and a mid-treatment x-ray, this procedure can lead to
irreversible damage that can worsen your current dental condition."

This act shall take effect immediately.

 
JUSTIFICATION:

Organizations that are not managed by dentists have started providing
cosmetic dental services.

This legislation looks to ensure that dental services are properly
offered by licensed dentists. It also provides for consumer rights.

 
LEGISLATIVE HISTORY:

NEW LEGISLATION

 
FISCAL IMPLICATIONS:

NONE TO THE STATE

 
EFFECTIVE :

IMMEDIATE

2017-S9108 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9108
 
                             I N  S E N A T E
 
                               June 18, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to enacting the orthodon-
   tic specialty consumer protection act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "orthodontic specialty consumer protection act".
   § 2. The education law is amended by adding a new section 6614 to read
 as follows:
   §  6614.  SPECIAL PROVISIONS REGARDING ORTHODONTIC COSMETIC DENTISTRY.
 1. AS USED IN THIS SECTION, THE TERM "COSMETIC DENTAL  PROCEDURE"  SHALL
 MEAN  CERTAIN  DENTAL  PROCEDURES  INCLUDING  DENTAL IMPLANTS, PORCELAIN
 CROWNS, DENTAL BONDING, PORCELAIN VENEERS,  TEETH  WHITENING,  TOOTH-CO-
 LORED FILLINGS AND FULL AND PARTIAL DENTURES.
   2.  (A)  EVERY  LICENSED  DENTAL  PROCEDURES  ENTITY  WHO PERFORMS ANY
 COSMETIC DENTAL PROCEDURE, SHALL CERTIFY TO THE DEPARTMENT ANNUALLY THAT
 ANY SUCH PROCEDURES ARE PERFORMED IN COMPLIANCE WITH  THE  STANDARDS  OF
 CARE  PRESCRIBED  BY  THE  AMERICAN  DENTAL  ASSOCIATION. THE TIMING AND
 MANNER OF SUCH CERTIFICATION SHALL BE DETERMINED BY THE DEPARTMENT.
   (B) THE DEPARTMENT IS AUTHORIZED  TO  INVESTIGATE  ANY  ALLEGATION  OF
 NON-COMPLIANCE  WITH THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
 AND MAY REVOKE THE OPERATING LICENSE OF ANY SUCH ENTITY  THAT  HAS  BEEN
 FOUND TO BE NON-COMPLIANT IN MORE THAN TWO INSTANCES.
   3.  NO  AGREEMENT  BETWEEN  A  LICENSED  DENTAL PROCEDURES ENTITY OR A
 LICENSED DENTIST AND A PATIENT FOR THE PERFORMANCE OF A COSMETIC  DENTAL
 PROCEDURE SHALL INCLUDE AN ARBITRATION CLAUSE.
   4.  A  LICENSED  DENTAL  PROCEDURES ENTITY OR A LICENSED DENTIST SHALL
 PROVIDE A NOTICE TO A PATIENT RECEIVING  A  COSMETIC  DENTAL  PROCEDURE,
 SUCH NOTICE SHALL (A) BE REQUIRED TO BE PROVIDED ON A SEPARATE PAGE, (B)
 BE  SIGNED  BY  SUCH  PATIENT AND SUCH LICENSED DENTIST OR AN AUTHORIZED
 REPRESENTATIVE OF SUCH DENTIST, AND (C) INCLUDE THE  FOLLOWING  TEXT  IN
 BOLD PRINTED FONT SIZE FORTY-EIGHT OR GREATER:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16275-02-8

 S. 9108                             2
 
                                 "WARNING:
  WITHOUT AN X-RAY AT START OF THIS TREATMENT AND A MID-TREATMENT X-RAY,
    THIS PROCEDURE CAN LEAD TO IRREVERSIBLE DAMAGE THAT CAN WORSEN YOUR
                        CURRENT DENTAL CONDITION."
   §  3.  This  act  shall take effect immediately and apply to contracts
 executed on and after such date.

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