S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5373
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2023
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee 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;
 MECHANICAL POLISHING; APPLICATION OF TOPICAL PREVENTIVE OR  PROPHYLACTIC

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07644-01-3
              

 A. 5373                             2
 
 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.
 A. 5373                             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  A
 NONCITIZEN  LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN THE UNITED
 STATES; PROVIDED, HOWEVER, THAT THE BOARD OF REGENTS MAY GRANT  A  THREE
 YEAR  WAIVER  FOR  A  NONCITIZEN  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 A NONCITIZEN TO ENABLE HIM OR HER TO SECURE CITIZEN-
 SHIP OR PERMANENT RESIDENT STATUS, PROVIDED SUCH STATUS IS BEING ACTIVE-
 LY 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".
 A. 5373                             4
 
   § 6614-C. MANDATING CONTINUING EDUCATION FOR DENTAL THERAPISTS. 1. (A)
 EACH DENTAL THERAPIST LICENSED PURSUANT TO  SECTIONS  SIXTY-SIX  HUNDRED
 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,
 A. 5373                             5

 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 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 A
 NONCITIZEN LAWFULLY ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE  UNITED
 STATES;  PROVIDED,  HOWEVER, THAT THE BOARD OF REGENTS MAY GRANT A THREE
 YEAR WAIVER FOR A NONCITIZEN TO PRACTICE  IN  AN  AREA  WHICH  HAS  BEEN
 A. 5373                             6
 
 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 A NONCITIZEN TO ENABLE HIM OR HER TO SECURE CITIZEN-
 SHIP OR PERMANENT RESIDENT STATUS, PROVIDED SUCH STATUS IS BEING ACTIVE-
 LY 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
 A. 5373                             7
 
 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  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 services law is
 amended by adding a new paragraph (kk) to read as follows:
   (KK) 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.