Assembly Bill A8442

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8442
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 8, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to enacting the orthodon-
   tic tele-dentistry 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 tele-dentistry consumer protection act".
   § 2. The education law is amended by adding a new section 6614 to read
 as follows:
   § 6614. SPECIAL PROVISIONS REGARDING ORTHODONTIC TELE-DENTISTRY. 1. AS
 USED IN THIS SECTION, THE TERM "ORTHODONTIC TELE-DENTISTRY"  SHALL  MEAN
 DENTAL  PROCEDURES  INCLUDING  CLEAR  ALIGNERS IN MAIL DENTAL TREATMENT,
 PLASTIC ALIGNER DENTAL MOVEMENTS  TO  STRAIGHTEN  TEETH  WITHOUT  OFFICE
 VISITS  CONDUCTED  THROUGH  PICTURES OR VIDEOS WITHOUT HANDS ON CLINICAL
 SUPERVISION BY A LICENSED NEW YORK STATE DENTIST.
   2. (A) EVERY LICENSED DENTIST WHO  PERFORMS  OR  APPROVES  ORTHODONTIC
 TELE-DENTISTRY  TREATMENT, 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 OR PLACE ON PROBATION THE LICENSE OF A  DENTIST  WHO  HAS
 BEEN FOUND TO BE NON-COMPLIANT IN MORE THAN TWO INSTANCES.
   3.  NO  AGREEMENT  BETWEEN  A  LICENSED  DENTIST AND A PATIENT FOR THE
 PERFORMANCE OF AN ORTHODONTIC DENTAL TREATMENT SHALL  INCLUDE  AN  ARBI-
 TRATION CLAUSE.
   4. A LICENSED DENTIST SHALL PROVIDE A NOTICE TO ALL PATIENTS RECEIVING
 ORTHODONTIC  TELE-DENTISTRY,  SUCH  NOTICE  SHALL  (A) BE REQUIRED TO BE
 PROVIDED ON A SEPARATE PAGE, (B) BE SIGNED BY  SUCH  PATIENTS  AND  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05637-02-9

 A. 8442                             2
 
 LICENSED  DENTIST  OR  AN AUTHORIZED REPRESENTATIVE OF SUCH DENTIST, AND
 (C) INCLUDE THE FOLLOWING TEXT IN BOLD PRINTED FONT SIZE FORTY-EIGHT  OR
 GREATER:
                                 "WARNING:
 WITHOUT  A  PRE-TREATMENT X-RAY EVALUATED BY THE TREATING DENTIST AT THE
 START OF THIS TREATMENT AND AT THE END OF THIS TREATMENT, THIS PROCEDURE
 CAN LEAD TO IRREVERSIBLE DAMAGE THAT  CAN  WORSEN  YOUR  CURRENT  DENTAL
 CONDITION."
                                  "WARNING:
 TELE-DENTISTRY  MOVEMENTS SHOWN FOR CLEAR ALIGNER TREATMENT AND APPROVED
 BY A LICENSED DENTIST PRIOR TO TREATMENT  MAY  NOT  REFLECT  YOUR  FINAL
 RESULTS. WITHOUT CLINICAL SUPERVISION BEFORE, DURING AND AFTER TREATMENT
 THE  RESULTS CAN LEAD TO IRREVERSIBLE DAMAGE THAT INCLUDES EARLY LOSS OR
 LOOSENING OF TEETH, TMJ DISORDERS, TRAUMATIC BITES, FRACTURED TEETH  AND
 PERIODONTAL BONE LOSS."
   §  3.  This  act  shall take effect immediately and apply to contracts
 executed on and after such date.