S T A T E O F N E W Y O R K
________________________________________________________________________
4428
2023-2024 Regular Sessions
I N S E N A T E
February 8, 2023
___________
Introduced by Sen. FERNANDEZ -- 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;
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
S. 4428 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.
S. 4428 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".
S. 4428 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,
S. 4428 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
S. 4428 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
S. 4428 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.
