S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    819
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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 licensing of a  dental
   therapist  and  an  advanced dental therapist; and to amend the social
   services law, in relation to Medicaid reimbursement for dental therapy
   services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 133 of the education law, as
 amended  by  chapter  390  of  the  laws  of 2019, is amended to read as
 follows:
         DENTISTRY, DENTAL HYGIENE, DENTAL THERAPY, ADVANCED DENTAL
                  THERAPY AND REGISTERED DENTAL ASSISTING
   § 2. Section 6600 of the education law, as amended by chapter  390  of
 the laws of 2019, is amended to read as follows:
   § 6600. Introduction.  This  article  applies  to  the  professions of
 dentistry, dental hygiene, DENTAL THERAPY, ADVANCED DENTAL  THERAPY  and
 registered  dental assisting. The general provisions for all professions
 contained in article one hundred thirty of  this  title  apply  to  this
 article.
   §  3.  The education law is amended by adding eight new sections 6614,
 6614-a, 6614-b, 6614-c, 6615, 6615-a,  6615-b  and  6615-c  to  read  as
 follows:
   §  6614.  DEFINITION OF PRACTICE OF DENTAL THERAPY. 1. THE PRACTICE OF
 THE PROFESSION OF DENTAL THERAPY IS DEFINED AS THE PERFORMANCE OF DENTAL
 SERVICES UNDER THE GENERAL SUPERVISION OF A DENTIST WITHIN  THE  PARAME-
 TERS  OF  A  COLLABORATIVE  AGREEMENT, AS PROVIDED IN SUBDIVISION TWO OF
 THIS SECTION, WHICH SHALL INCLUDE: ORAL HEALTH INSTRUCTION  AND  DISEASE
 PREVENTION EDUCATION, INCLUDING NUTRITIONAL COUNSELING AND DIETARY ANAL-
 YSIS;  PRELIMINARY  CHARTING  OF  THE  ORAL  CAVITY; MAKING RADIOGRAPHS;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00601-01-1

 S. 819                              2
 
 MECHANICAL POLISHING; APPLICATION OF TOPICAL PREVENTIVE OR  PROPHYLACTIC
 AGENTS,  INCLUDING FLUORIDE VARNISHES AND PIT AND FISSURE SEALANTS; PULP
 VITALITY TESTING; APPLICATION  OF  DESENSITIZING  MEDICATION  OR  RESIN;
 FABRICATION  OF  ATHLETIC  MOUTHGUARDS;  PLACEMENT OF TEMPORARY RESTORA-
 TIONS; FABRICATION OF SOFT OCCLUSAL GUARDS; TISSUE CONDITIONING AND SOFT
 RELINE; ATRAUMATIC RESTORATIVE THERAPY; DRESSING  CHANGES;  TOOTH  REIM-
 PLANTATION;   ADMINISTRATION  OF  LOCAL  ANESTHETIC;  ADMINISTRATION  OF
 NITROUS OXIDE. A LICENSED AND REGISTERED DENTAL  THERAPIST  MAY  PERFORM
 THE  FOLLOWING SERVICES UNDER INDIRECT SUPERVISION: EMERGENCY PALLIATIVE
 TREATMENT OF DENTAL PAIN; THE PLACEMENT AND REMOVAL OF  SPACE  MAINTAIN-
 ERS;  CAVITY  PREPARATION;  RESTORATION  OF PRIMARY AND PERMANENT TEETH;
 PLACEMENT OF TEMPORARY CROWNS; PREPARATION AND  PLACEMENT  OF  PREFORMED
 CROWNS;  PULPOTOMIES  ON PRIMARY TEETH; INDIRECT AND DIRECT PULP CAPPING
 ON PRIMARY AND PERMANENT  TEETH;  STABILIZATION  OF  REIMPLANTED  TEETH;
 EXTRACTIONS  OF PRIMARY TEETH; SUTURE REMOVAL; BRUSH BIOPSIES; REPAIR OF
 DEFECTIVE PROSTHETIC DEVICES; AND RECEMENTING OF  PERMANENT  CROWNS  AND
 ANY OTHER FUNCTION IN THE DEFINITION OF THE PRACTICE OF DENTISTRY AS MAY
 BE  DELEGATED  BY  A  LICENSED  DENTIST  IN  ACCORDANCE WITH REGULATIONS
 PROMULGATED BY THE COMMISSIONER. THE PRACTICE OF DENTAL THERAPY  MAY  BE
 CONDUCTED  IN THE OFFICE OF ANY LICENSED DENTIST OR IN ANY APPROPRIATELY
 EQUIPPED SCHOOL OR PUBLIC INSTITUTION.
   2. (A) PRIOR TO PERFORMING ANY OF THE SERVICES AUTHORIZED  UNDER  THIS
 ARTICLE,  A  DENTAL  THERAPIST  SHALL ENTER INTO A WRITTEN COLLABORATIVE
 MANAGEMENT AGREEMENT WITH A LICENSED AND REGISTERED DENTIST. SUCH COLLA-
 BORATIVE ARRANGEMENT SHALL NOT OBVIATE OR SUPERSEDE  ANY  LAW  OR  REGU-
 LATION  WHICH  REQUIRES  IDENTIFIED  SERVICES  TO BE PERFORMED UNDER THE
 PERSONAL SUPERVISION OF A DENTIST. WHEN DENTAL  THERAPIST  SERVICES  ARE
 PROVIDED  PURSUANT  TO A COLLABORATIVE AGREEMENT, SUCH DENTAL THERAPISTS
 SHALL INSTRUCT INDIVIDUALS TO VISIT A LICENSED DENTIST FOR COMPREHENSIVE
 EXAMINATION OR TREATMENT.
   (B) A COLLABORATING DENTIST IS LIMITED TO ENTERING INTO  A  COLLABORA-
 TIVE  AGREEMENT  WITH  NO  MORE  THAN FIVE DENTAL THERAPISTS OR ADVANCED
 DENTAL THERAPISTS AT ANY ONE TIME. THE AGREEMENT SHALL INCLUDE: PRACTICE
 SETTINGS WHERE SERVICES MAY  BE  PROVIDED  AND  THE  POPULATIONS  TO  BE
 SERVED;  ANY  LIMITATIONS  ON  THE  SERVICES THAT MAY BE PROVIDED BY THE
 DENTAL THERAPIST, INCLUDING THE LEVEL OF  SUPERVISION  REQUIRED  BY  THE
 COLLABORATING  DENTIST;  AGE  AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS,
 INCLUDING CASE SELECTION CRITERIA, ASSESSMENT  GUIDELINES,  AND  IMAGING
 FREQUENCY;  A  PROCEDURE FOR CREATING AND MAINTAINING DENTAL RECORDS FOR
 THE PATIENTS THAT ARE TREATED BY THE DENTAL THERAPIST; A PLAN TO  MANAGE
 MEDICAL  EMERGENCIES IN EACH PRACTICE SETTING WHERE THE DENTAL THERAPIST
 PROVIDES CARE; A QUALITY ASSURANCE PLAN FOR MONITORING CARE PROVIDED  BY
 THE DENTAL THERAPIST, INCLUDING PATIENT CARE REVIEW, REFERRAL FOLLOW-UP,
 AND A QUALITY ASSURANCE CHART REVIEW; CRITERIA RELATING TO THE PROVISION
 OF  CARE TO PATIENTS WITH SPECIFIC MEDICAL CONDITIONS OR COMPLEX MEDICA-
 TION HISTORIES, INCLUDING REQUIREMENTS FOR  CONSULTATION  PRIOR  TO  THE
 INITIATION  OF  CARE;  SUPERVISION CRITERIA OF DENTAL ASSISTANTS; A PLAN
 FOR THE PROVISION OF CLINICAL  RESOURCES  AND  REFERRALS  IN  SITUATIONS
 WHICH ARE BEYOND THE CAPABILITIES OF THE DENTAL THERAPIST; AND PROTOCOLS
 FOR  ADMINISTERING  AND  DISPENSING ANALGESICS, ANTI-INFLAMMATORIES, AND
 ANTIBIOTICS, INCLUDING THE SPECIFIC CONDITIONS AND  CIRCUMSTANCES  UNDER
 WHICH THESE MEDICATIONS ARE TO BE DISPENSED AND ADMINISTERED.
   (C)  A  COLLABORATING  DENTIST SHALL BE LICENSED AND PRACTICING IN NEW
 YORK STATE. THE COLLABORATING DENTIST SHALL  ACCEPT  RESPONSIBILITY  FOR
 ALL  SERVICES  AUTHORIZED AND PERFORMED BY THE DENTAL THERAPIST PURSUANT
 TO THE MANAGEMENT AGREEMENT.

 S. 819                              3
 
   (D) COLLABORATIVE DENTIST MANAGEMENT AGREEMENTS SHALL  BE  SIGNED  AND
 MAINTAINED BY THE COLLABORATING DENTIST AND THE DENTAL THERAPIST. AGREE-
 MENTS SHALL BE REVIEWED, UPDATED, AND SUBMITTED TO THE BOARD ON AN ANNU-
 AL BASIS.
   3. A DENTAL THERAPIST LICENSED UNDER THIS ARTICLE IS LIMITED TO PRIMA-
 RILY PRACTICING IN SETTINGS THAT SERVE LOW-INCOME, UNINSURED, AND UNDER-
 SERVED  PATIENTS  OR  IN  A  DENTAL HEALTH PROFESSIONAL SHORTAGE AREA AS
 DESIGNATED BY THE COMMISSIONER, INCLUDING A HEALTH  FACILITY  OR  AGENCY
 THAT  IS REIMBURSED AS A FEDERALLY QUALIFIED HEALTH CENTER AS DEFINED IN
 42 U.S.C.  §  1395X(AA)(4)  OR  A  MEDICALLY-UNDERSERVED  POPULATION  AS
 DEFINED IN 42 U.S.C. § 254B.
   4.  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS DEFINING THE FUNC-
 TIONS A DENTAL THERAPIST MAY PERFORM THAT ARE CONSISTENT WITH THE TRAIN-
 ING AND QUALIFICATIONS FOR A LICENSE AS A DENTAL THERAPIST.
   5. AS USED IN THIS  SECTION,  "GENERAL  SUPERVISION"  SHALL  MEAN  THE
 SUPERVISION OF TASKS OR PROCEDURES THAT DO NOT REQUIRE THE PRESENCE OF A
 DENTIST IN THE OFFICE OR ON THE PREMISES AT THE TIME THE TASKS OR PROCE-
 DURES  ARE  BEING  PERFORMED BUT REQUIRE THE TASKS BE PERFORMED WITH THE
 PRIOR KNOWLEDGE AND CONSENT OF SUCH DENTIST. AS USED  IN  THIS  SECTION,
 "INDIRECT  SUPERVISION" SHALL MEAN THE DENTIST IS IN THE OFFICE, AUTHOR-
 IZES THE PROCEDURES AND REMAINS IN THE OFFICE WHILE THE  PROCEDURES  ARE
 BEING PERFORMED BY ALLIED DENTAL PERSONNEL.
   § 6614-A. REQUIREMENTS FOR A LICENSE AS A DENTAL THERAPIST. TO QUALIFY
 FOR  A  LICENSE  AS  A  DENTAL THERAPIST, AN APPLICANT SHALL FULFILL THE
 FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
 ATION AND A BACCALAUREATE DEGREE OR MASTER'S DEGREE FROM A DENTAL THERA-
 PY EDUCATION PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN  THE  UNITED  STATES;
 PROVIDED,  HOWEVER,  THAT  THE  BOARD  OF REGENTS MAY GRANT A THREE YEAR
 WAIVER FOR AN ALIEN TO PRACTICE IN AN AREA WHICH HAS BEEN  DESIGNATED  A
 FEDERAL  DENTAL  HEALTH PROFESSIONS SHORTAGE AREA, EXCEPT THAT THE BOARD
 OF REGENTS MAY GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS  TO
 AN  ALIEN  TO ENABLE HIM OR HER TO SECURE CITIZENSHIP OR PERMANENT RESI-
 DENT STATUS, PROVIDED SUCH STATUS IS BEING ACTIVELY PURSUED;
   7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   8.  FEES:  PAY  A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO THE DEPARTMENT
 FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR  AN  INITIAL
 LICENSE, A FEE OF FIFTY DOLLARS FOR EACH REEXAMINATION, A FEE OF SEVENTY
 DOLLARS  FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO A
 DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF FIFTY  DOLLARS  FOR  EACH
 TRIENNIAL REGISTRATION PERIOD.
   §  6614-B.  PRACTICE OF DENTAL THERAPY AND USE OF TITLE "DENTAL THERA-
 PIST".  ONLY A PERSON LICENSED UNDER  SECTION  SIXTY-SIX  HUNDRED  FOUR-
 TEEN-A  OF  THIS  ARTICLE OR EXEMPT SHALL PRACTICE DENTAL THERAPY OR USE
 THE TITLE "DENTAL THERAPIST".
   § 6614-C. MANDATING CONTINUING EDUCATION FOR DENTAL THERAPISTS. 1. (A)
 EACH DENTAL THERAPIST LICENSED PURSUANT TO  SECTIONS  SIXTY-SIX  HUNDRED

 S. 819                              4

 FOURTEEN  AND  SIXTY-SIX HUNDRED FOURTEEN-A OF THIS ARTICLE AND REQUIRED
 TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE  IN  THIS  STATE
 SHALL  COMPLY  WITH THE PROVISIONS OF THE MANDATORY CONTINUING EDUCATION
 REQUIREMENTS,  EXCEPT  AS  SET  FORTH  IN PARAGRAPHS (B) AND (C) OF THIS
 SUBDIVISION. DENTAL THERAPISTS WHO DO NOT SATISFY THE MANDATORY CONTINU-
 ING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE  MET  SUCH
 REQUIREMENTS  AND  HAVE BEEN ISSUED A REGISTRATION OR CONDITIONAL REGIS-
 TRATION CERTIFICATE.
   (B) DENTAL THERAPISTS SHALL BE EXEMPT FROM  THE  MANDATORY  CONTINUING
 EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
 THEY  ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,
 ADJUSTMENTS TO THE MANDATORY CONTINUING  EDUCATION  REQUIREMENT  MAY  BE
 GRANTED  BY  THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A PHYSI-
 CIAN, FOR EXTENDED ACTIVE DUTY WITH  THE  ARMED  FORCES  OF  THE  UNITED
 STATES,  OR  FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY
 PREVENT COMPLIANCE.
   (C) A LICENSED DENTAL THERAPIST NOT ENGAGED IN THE PRACTICE OF  DENTAL
 THERAPY SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIRE-
 MENT  UPON  THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH
 STATUS. ANY LICENSEE WHO RETURNS  TO  THE  PRACTICE  OF  DENTAL  THERAPY
 DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
 UING EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATION OF  THE
 COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION SHALL COMPLETE A MINIMUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE
 FORMAL  CONTINUING  EDUCATION  INCLUDING  CURRENTLY MANDATED CHILD ABUSE
 REPORTING INSTRUCTION AND INFECTION CONTROL TRAINING AS APPROVED BY  THE
 DEPARTMENT.  OF  THESE  TWENTY-FOUR  HOURS A MAXIMUM OF TEN HOURS MAY BE
 SELF-INSTRUCTIONAL COURSEWORK AS APPROVED BY THE DEPARTMENT. A  LICENSEE
 WHO  HAS  NOT  SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS
 SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE  DEPART-
 MENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION
 CERTIFICATE IS ISSUED AS PROVIDED IN SUBDIVISION THREE OF THIS  SECTION.
 THE  INDIVIDUAL  LICENSEE  SHALL  DETERMINE  THE SELECTION OF COURSES OR
 PROGRAMS OF STUDY PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
 TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET  THE CONTINUING EDUCATION
 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  BUT  WHO
 AGREES  TO  MAKE  UP  ANY DEFICIENCIES AND TAKE ANY ADDITIONAL EDUCATION
 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
 NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
 BE DETERMINED BY THE DEPARTMENT. ANY LICENSEE WHO  IS  NOTIFIED  OF  THE
 DENIAL  OF  REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO
 THE DEPARTMENT, OF COMPLETION OF REQUIRED CONTINUING EDUCATION  AND  WHO
 PRACTICES  DENTAL  THERAPY  WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
 DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
 THIS TITLE.
   4.  AS  USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
 SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL
 PRACTICE  AND  WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
 COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
 PROGRAMS SHALL BE TAKEN FROM SPONSORS APPROVED BY THE DEPARTMENT, PURSU-
 ANT TO THE REGULATIONS OF THE COMMISSIONER.

 S. 819                              5
 
   5. THE MANDATORY CONTINUING EDUCATION FEE OF THIRTY DOLLARS  SHALL  BE
 PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD
 AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED
 BY SECTION SIXTY-SIX HUNDRED FOURTEEN-A OF THIS ARTICLE.
   §  6615.  DEFINITION  OF  PRACTICE  OF ADVANCED DENTAL THERAPY. 1. THE
 PRACTICE OF THE PROFESSION OF ADVANCED DENTAL THERAPY IS DEFINED AS  THE
 PERFORMANCE  OF  DENTAL  SERVICES  UNDER  THE  GENERAL  SUPERVISION OF A
 DENTIST WITHIN THE PARAMETERS OF A COLLABORATIVE AGREEMENT  AS  PROVIDED
 IN  SUBDIVISION  TWO OF THIS SECTION WHICH SHALL INCLUDE: AN ORAL EVALU-
 ATION AND ASSESSMENT OF DENTAL DISEASE AND THE FORMULATION OF  AN  INDI-
 VIDUALIZED  TREATMENT  PLAN  AUTHORIZED  BY  THE  COLLABORATING DENTIST;
 NONSURGICAL EXTRACTIONS OF PERIODONTALLY DISEASED PERMANENT  TEETH  WITH
 TOOTH  MOBILITY  OF  +3 TO +4 UNDER GENERAL SUPERVISION IF AUTHORIZED IN
 ADVANCE BY THE COLLABORATING DENTIST, BUT SHALL NOT INCLUDE EXTRACTING A
 TOOTH FOR ANY PATIENT IF THE TOOTH IS UNERUPTED, IMPACTED, FRACTURED, OR
 NEEDS TO BE SECTIONED FOR  REMOVAL;  AND  THE  SERVICES  AND  PROCEDURES
 DESCRIBED UNDER SUBDIVISION ONE OF SECTION SIXTY-SIX HUNDRED FOURTEEN OF
 THIS  ARTICLE.  THE PRACTICE OF ADVANCED DENTAL THERAPY MAY BE CONDUCTED
 IN THE OFFICE OF ANY LICENSED DENTIST OR IN ANY  APPROPRIATELY  EQUIPPED
 SCHOOL OR PUBLIC INSTITUTION.
   2. PRIOR TO PERFORMING ANY OF THE SERVICES AUTHORIZED UNDER THIS ARTI-
 CLE,  AN ADVANCED DENTAL THERAPIST SHALL ENTER INTO A WRITTEN COLLABORA-
 TIVE MANAGEMENT AGREEMENT WITH A LICENSED AND REGISTERED DENTIST  PURSU-
 ANT  TO  SUBDIVISION  TWO  OF  SECTION  SIXTY-SIX  HUNDRED FOURTEEN. THE
 COLLABORATING DENTIST SHALL ENSURE THAT A DENTIST IS  AVAILABLE  TO  THE
 ADVANCED  DENTAL  THERAPIST  FOR TIMELY CONSULTATION DURING TREATMENT IF
 NEEDED AND SHALL EITHER PROVIDE  OR  ARRANGE  WITH  ANOTHER  DENTIST  OR
 SPECIALIST  TO  PROVIDE  THE  NECESSARY  TREATMENT  TO  ANY  PATIENT WHO
 REQUIRES MORE TREATMENT THAN THE ADVANCED DENTAL THERAPIST IS AUTHORIZED
 TO PROVIDE.
   3. AN ADVANCED DENTAL THERAPIST LICENSED UNDER THIS ARTICLE IS LIMITED
 TO PRIMARILY PRACTICING IN SETTINGS THAT  SERVE  LOW-INCOME,  UNINSURED,
 AND  UNDERSERVED  PATIENTS  OR  IN A DENTAL HEALTH PROFESSIONAL SHORTAGE
 AREA AS DESIGNATED BY THE COMMISSIONER.
   4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS  DEFINING  THE  FUNC-
 TIONS  AN ADVANCED DENTAL THERAPIST MAY PERFORM THAT ARE CONSISTENT WITH
 THE TRAINING AND QUALIFICATIONS FOR A  LICENSE  AS  AN  ADVANCED  DENTAL
 THERAPIST.
   §  6615-A. REQUIREMENTS FOR A LICENSE AS AN ADVANCED DENTAL THERAPIST.
 TO QUALIFY FOR A LICENSE AS AN ADVANCED DENTAL THERAPIST,  AN  APPLICANT
 SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
 ATION  AND A MASTER'S DEGREE FROM A DENTAL THERAPY EDUCATION PROGRAM, IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   3. EXPERIENCE: HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR AN
 ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN  THE  UNITED  STATES;
 PROVIDED,  HOWEVER,  THAT  THE  BOARD  OF REGENTS MAY GRANT A THREE YEAR
 WAIVER FOR AN ALIEN TO PRACTICE IN AN AREA WHICH HAS BEEN  DESIGNATED  A
 FEDERAL  DENTAL  HEALTH PROFESSIONS SHORTAGE AREA, EXCEPT THAT THE BOARD
 OF REGENTS MAY GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS  TO

 S. 819                              6
 
 AN  ALIEN  TO ENABLE HIM OR HER TO SECURE CITIZENSHIP OR PERMANENT RESI-
 DENT STATUS, PROVIDED SUCH STATUS IS BEING ACTIVELY PURSUED;
   7.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   8. FEES: PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
 LICENSE, A FEE OF FIFTY DOLLARS FOR EACH REEXAMINATION, A FEE OF SEVENTY
 DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO  A
 DEPARTMENT  CONDUCTED  EXAMINATION,  AND A FEE OF FIFTY DOLLARS FOR EACH
 TRIENNIAL REGISTRATION PERIOD.
   § 6615-B. PRACTICE OF ADVANCED DENTAL THERAPY AND  USE  OF  THE  TITLE
 "ADVANCED  DENTAL  THERAPIST".  ONLY  A  PERSON  LICENSED  UNDER SECTION
 SIXTY-SIX HUNDRED FIFTEEN-A OF THIS ARTICLE  OR  EXEMPT  SHALL  PRACTICE
 ADVANCED DENTAL THERAPY OR USE THE TITLE "ADVANCED DENTAL THERAPIST".
   §  6615-C.  MANDATORY  CONTINUING EDUCATION FOR ADVANCED DENTAL THERA-
 PISTS. 1. (A) EACH ADVANCED DENTAL THERAPIST, LICENSED PURSUANT TO  THIS
 ARTICLE  AND  REQUIRED  TO  REGISTER  TRIENNIALLY WITH THE DEPARTMENT TO
 PRACTICE IN THIS STATE SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY
 CONTINUING EDUCATION REQUIREMENTS, EXCEPT AS SET FORTH IN PARAGRAPHS (B)
 AND (C) OF THIS SUBDIVISION.  ADVANCED  DENTAL  THERAPISTS  WHO  DO  NOT
 SATISFY  THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRAC-
 TICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND HAVE BEEN ISSUED A REGIS-
 TRATION OR CONDITIONAL REGISTRATION CERTIFICATE.
   (B) ADVANCED DENTAL THERAPISTS SHALL  BE  EXEMPT  FROM  THE  MANDATORY
 CONTINUING  EDUCATION  REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD
 DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE WITH THE  INTENT  OF
 THIS SECTION, ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIRE-
 MENT  MAY  BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED
 BY A PHYSICIAN, FOR EXTENDED ACTIVE DUTY WITH THE ARMED  FORCES  OF  THE
 UNITED  STATES,  OR  FOR  OTHER  GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT
 WHICH MAY PREVENT COMPLIANCE.
   (C) A LICENSED ADVANCED DENTAL THERAPIST NOT ENGAGED IN  THE  PRACTICE
 OF ADVANCED DENTAL THERAPY SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
 EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
 DECLARING  SUCH  STATUS.  ANY  LICENSEE  WHO  RETURNS TO THE PRACTICE OF
 DENTAL THERAPY DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE
 DEPARTMENT PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDA-
 TORY CONTINUING EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED  BY  REGU-
 LATION OF THE COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION SHALL COMPLETE A MINIMUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE
 FORMAL  CONTINUING  EDUCATION  INCLUDING  CURRENTLY MANDATED CHILD ABUSE
 REPORTING INSTRUCTION AND INFECTION CONTROL TRAINING AS APPROVED BY  THE
 DEPARTMENT.  OF  THESE  TWENTY-FOUR  HOURS A MAXIMUM OF TEN HOURS MAY BE
 SELF-INSTRUCTIONAL COURSEWORK AS APPROVED BY THE DEPARTMENT. A  LICENSEE
 WHO  HAS  NOT  SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS
 SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE  DEPART-
 MENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION
 CERTIFICATE IS ISSUED AS PROVIDED IN SUBDIVISION THREE OF THIS  SECTION.
 THE  INDIVIDUAL  LICENSEE  SHALL  DETERMINE  THE SELECTION OF COURSES OR
 PROGRAMS OF STUDY PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
 TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET  THE CONTINUING EDUCATION
 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  BUT  WHO
 AGREES  TO  MAKE  UP  ANY DEFICIENCIES AND TAKE ANY ADDITIONAL EDUCATION
 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-

 S. 819                              7

 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
 NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
 BE DETERMINED BY THE DEPARTMENT. ANY LICENSEE WHO  IS  NOTIFIED  OF  THE
 DENIAL  OF  REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO
 THE DEPARTMENT, OF COMPLETION OF REQUIRED CONTINUING EDUCATION  AND  WHO
 PRACTICES  ADVANCED  DENTAL  THERAPY  WITHOUT  SUCH REGISTRATION, MAY BE
 SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED TEN OF THIS TITLE.
   4.  AS  USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
 SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL
 PRACTICE  AND  WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
 COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
 PROGRAMS SHALL BE TAKEN FROM SPONSORS APPROVED BY THE DEPARTMENT, PURSU-
 ANT TO THE REGULATIONS OF THE COMMISSIONER.
   5. THE MANDATORY CONTINUING EDUCATION FEE OF THIRTY DOLLARS  SHALL  BE
 PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD
 AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED
 BY SECTION SIXTY-SIX HUNDRED FIFTEEN-A OF THIS ARTICLE.
   §  4.  Subdivision  2  of  section  365-a of the social service law is
 amended by adding a new paragraph (gg) to read as follows:
   (GG) CARE AND SERVICES FURNISHED BY A LICENSED DENTAL THERAPIST PURSU-
 ANT TO ARTICLE ONE HUNDRED THIRTY-THREE OF  THE  EDUCATION  LAW  WHO  IS
 ENROLLED AS A MEDICAID MANAGED CARE PROVIDER;
   §  5.  The commissioner of health is authorized to promulgate or adopt
 any rules or regulations necessary to implement the provisions  of  this
 act and any procedures, forms, or instructions necessary for such imple-
 mentation  may  be  adopted and issued on or after the effective date of
 this act. Notwithstanding any inconsistent provision of the state admin-
 istrative procedure act or any other provision of  law,  rule  or  regu-
 lation,  the  commissioner of health and the superintendent of financial
 services and any appropriate council is authorized to adopt or amend  or
 promulgate  on an emergency basis any regulation he or she or such coun-
 cil determines necessary to implement any provision of this act  on  its
 effective date.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.