Bill Text: NY A01364 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to dental laboratories; defines terms; requires any dental laboratory operating, doing business, or intending to operate or do business in this state to register with the department of education; makes related provisions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2025-01-09 - referred to higher education [A01364 Detail]
Download: New_York-2025-A01364-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1364 2025-2026 Regular Sessions IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. CLARK, SIMON, STIRPE -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to dental laboratories The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 6611 of the education law, as 2 amended by chapter 576 of the laws of 2001, is amended to read as 3 follows: 4 1. Except upon the written dental laboratory prescription of a 5 licensed dentist and except by the use of impressions, including but not 6 limited to digital intraoral scans or analog impressions, or casts made 7 by a licensed dentist, no dental laboratory shall furnish, supply, 8 construct, reproduce, place, adjust, or repair any dental prosthesis, 9 device, or appliance. A dental laboratory prescription shall be made out 10 in duplicate. It shall contain the registration number issued by the 11 department and such other data as may be prescribed by the commission- 12 er's regulations. One copy shall be retained by the practitioner of 13 dentistry for a period of one year. The other copy shall be issued to 14 the person, firm or corporation engaged in filling dental laboratory 15 prescriptions, who or which shall each retain and file in their respec- 16 tive offices or places of business their respective copies for a period 17 of one year. 18 § 2. Section 6612 of the education law, as added by chapter 332 of the 19 laws of 1985, is amended to read as follows: 20 § 6612. Identification of removable full or partial prosthetic 21 devices. 1. Except as provided [herein] in this section, every dentist 22 licensed in this state making or directing to be made a removable pros- 23 thetic denture, bridge, appliance or other structure to be used and worn 24 as a substitute for natural teeth, shall offer to the patient for whom 25 the prosthesis is intended the opportunity to have such prosthesis 26 marked with the patient's name or initials. Such markings shall be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02645-01-5A. 1364 2 1 accomplished at the time the prosthesis is made and the location and 2 methods used to apply or implant them shall be determined by the dentist 3 or the person acting on behalf of the dentist. Such marking shall be 4 permanent, legible and cosmetically acceptable. 5 2. Notwithstanding the foregoing, if in the judgment of the dentist or 6 the [person] dental laboratory making the prosthesis, such identifica- 7 tion is not practicable or clinically safe, the identification marks may 8 be omitted entirely. 9 3. The commissioner shall adopt rules and regulations and provide 10 standards necessary to carry out the provisions of this section. 11 § 3. The education law is amended by adding three new sections 6610-a, 12 6614, and 6615 to read as follows: 13 § 6610-a. Dental laboratories. For the purposes of sections sixty-six 14 hundred eleven, sixty-six hundred twelve, sixty-six hundred fourteen, 15 and sixty-six hundred fifteen of this article, the following terms shall 16 have the following meanings: 17 1. "Certified dental technician" shall mean a dental laboratory tech- 18 nician who is certified by the national board for certification in 19 dental laboratory technology. 20 2. "Prescribing dentist" shall mean a licensed dentist who issues a 21 dental laboratory prescription or any other written or electronic 22 instrument directing the manufacture of or work to be performed on a 23 dental prosthesis, device, or appliance. 24 3. "Dental laboratory" shall mean a facility that engages in the 25 designing, making, repairing, altering, or supplying of artificial 26 restorations, substitutions, appliances, or materials for the correction 27 of disease, loss, deformity, malposition, dislocation, fracture, injury 28 to the jaws, teeth, lips, gums, cheeks, palate, or associated tissues or 29 parts. 30 4. "Material content disclosure" shall mean a notice to the prescrib- 31 ing dentist that contains the name, physical address, and registration 32 number of the dental laboratory that received a prescription or any 33 other written or electronic instrument from a licensed dentist directing 34 the manufacture of or work to be performed on a dental prosthesis, 35 device, or appliance, and the city, state, and country of origin where 36 the work on the prosthesis, device or appliance was performed in whole 37 or in part or laboratories that manufactured or repaired the dental 38 prosthesis, either directly or indirectly, and the complete material 39 content information of all patient contact materials used in such dental 40 prosthesis, device or appliance, including whether the United States 41 food and drug administration cleared materials were used. Such notice 42 must be provided in a manner that can be easily entered into a patient 43 record. 44 5. "Work authorization" shall mean a written instrument by which a 45 dental laboratory delegates to another dental laboratory to perform work 46 on a dental prosthesis, device, or appliance, in whole or in part, as 47 authorized by a dental laboratory prescription from a licensed dentist. 48 § 6614. Dental laboratory registrations. 1. (a) Any dental laboratory 49 operating, doing business, or intending to operate or do business in 50 this state must register with the department in a manner acceptable to 51 the department and in accordance with the commissioner's regulations. 52 (b) A dental laboratory shall be considered operating or doing busi- 53 ness within this state if its work product is prepared for a prescribing 54 dentist pursuant to a prescription or work authorization originating 55 from an entity located within this state.A. 1364 3 1 2. Any dental laboratory operating, doing business, or intending to 2 operate or do business within this state must submit an application for 3 registration of dental laboratory or renewal of registration of dental 4 laboratory to the department in a form provided by the department and 5 accompanied by a registration or renewal fee as provided in this 6 section. Applications for registration or renewals of registration must 7 include: 8 (a) The name, mailing address, phone number, and email address of the 9 dental laboratory; 10 (b) The physical address of the dental laboratory, if different from 11 the mailing address of the dental laboratory; 12 (c) The name, mailing address, phone number, and email address of the 13 responsible person, or, the name and license number of the supervising 14 dentist who is licensed under this article; 15 (d) A statement that the dental laboratory meets accepted infection 16 control precaution practices as established by the department of health 17 pursuant to section two hundred thirty-a of the public health law; 18 (e) An acknowledgment by the responsible person or the supervising 19 dentist that the dental laboratory will provide a material content 20 disclosure to the prescribing dentist of all patient contact materials 21 that contain both the manufacturer and brand name, or the United States 22 food and drug administration registration number of all patient contact 23 materials contained in each restoration such that the dentist may 24 include those in the patient's record; 25 (f) An acknowledgment by the responsible person or the supervising 26 dentist who is licensed in this state that they will disclose to the 27 prescribing dentist the point of origin of the manufacture of the resto- 28 ration. If the restoration was partially or entirely manufactured by a 29 third-party provider, the point of origin disclosure must identify the 30 portion manufactured by a third-party provider and the city, state, and 31 country of the provider; 32 (g) Materials documenting that the applicant or one of the applicant's 33 employees who works at least thirty hours per week in the applicant's 34 dental laboratory: 35 (i) Has successfully completed at least thirty-six hours of continuing 36 education in dental laboratory technology approved by the national board 37 for certification in dental laboratory technology or another certifying 38 body having certification or registration standards acceptable to the 39 commissioner during the thirty-six months immediately preceding their 40 application or renewal for registration, provided however, that such 41 education must be completed by an individual who works on the laboratory 42 premises; or 43 (ii) Is a certified dental technician in good standing; 44 (h) An acknowledgment by the responsible person or the supervising 45 dentist that the laboratory will continuously maintain a qualified owner 46 or employee satisfying the requirements of paragraph (g) of this subdi- 47 vision; and 48 (i) A registration or renewal fee, not to exceed one hundred and fifty 49 dollars, as determined by the department. 50 3. Upon approval of a registration for a dental laboratory, the 51 department shall assign the dental laboratory a registration number. 52 Such registration number must appear on any invoice from and all other 53 correspondence by a dental laboratory to the prescribing dentist. 54 4. Dental laboratory registrations shall require renewal on a trienni- 55 al basis from the date of issuance. Registrations may be renewed withA. 1364 4 1 the department upon receipt and approval of application materials as 2 required by subdivision two of this section. 3 5. (a) This section shall not apply to a dental laboratory operating 4 under the supervision of a practicing dentist licensed under this arti- 5 cle in a dental office or as a part of a dental practice, provided that 6 the laboratory does not perform work for a prescribing dentist from 7 outside of the supervising dentist's dental practice or supervising 8 dentist's office, or in an educational institution as part of the insti- 9 tution's educational program, provided that the dental laboratory does 10 not routinely perform work for prescribing dentists from outside of the 11 educational institution. 12 (b) A responsible person or employee of a dental laboratory may engage 13 in onsite consultation with a licensed dentist during a dental proce- 14 dure. 15 § 6615. Nonresident dental laboratories. 1. The term "nonresident 16 dental laboratory" shall mean any dental laboratory as defined in subdi- 17 vision three of section sixty-six hundred ten-a of this article located 18 outside of this state which has its work product prepared pursuant to a 19 prescription or any other written or electronic instrument from a 20 licensed dentist or work authorization originating from an entity 21 located within this state. 22 2. Any nonresident dental laboratory that ships, mails, or delivers 23 dental prostheses, devices or appliances to any other dental laboratory, 24 dental office, licensed dentist, and/or patient in this state pursuant 25 to a prescription or any other written or electronic instrument from a 26 licensed dentist or work authorization originating from an entity 27 located within this state shall be registered with the department. 28 3. Each nonresident dental laboratory that ships, mails, or delivers 29 dental prostheses, devices or appliances into this state shall designate 30 a resident agent in this state for service of process pursuant to rule 31 three hundred eighteen of the civil practice law and rules. 32 4. As a condition of registration, a nonresident dental laboratory 33 shall comply with the following requirements: 34 (a) Be in good standing in the state of residence; 35 (b) Maintain, in readily retrievable form, records of work product 36 shipped into this state; 37 (c) Supply, upon request, all information needed by the department to 38 carry out the department's responsibilities under the laws and rules and 39 regulations pertaining to nonresident dental laboratories; 40 (d) Comply with all statutory and regulatory requirements of the state 41 where the nonresident dental laboratory is located; 42 (e) Apply in the manner and form prescribed by the department pursuant 43 to the requirements of subdivision two of section sixty-six hundred 44 fourteen of this article. 45 5. The commissioner may adopt such regulations as appropriate to eval- 46 uate registrations from dental laboratories that hold valid licenses, 47 registrations, certifications or their equivalent in another state or 48 country, provided the standards for granting licenses, registrations, or 49 certifications to such facilities are not less than the standards 50 required of dental laboratories otherwise registered pursuant to this 51 section. 52 § 4. This act shall take effect one year after it shall have become a 53 law. Effective immediately, the addition, amendment and/or repeal of any 54 rule or regulation necessary for the implementation of this act on its 55 effective date are authorized to be made and completed on or before such 56 effective date.
