Bill Text: NY A05632 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for the certification of and qualifications for dentists practicing oral and maxillofacial surgery; includes such dentist within provisions of law regulating office-based surgery; provides for a study of whether an oral and maxillofacial surgery profiling program should be established; and provides that in an oral and maxillofacial surgery malpractice action a physician may be called as an expert witness at trial.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-01-08 - referred to higher education [A05632 Detail]

Download: New_York-2013-A05632-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5632
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2013
                                      ___________
       Introduced  by  M. of A. MORELLE, WRIGHT, ENGLEBRIGHT, ABBATE, LAVINE --
         read once and referred to the Committee on Higher Education
       AN ACT to amend the education law, in relation  to  amending  the  defi-
         nition  of  the  scope  of  practice of dentistry to authorize certain
         dentists who are qualified and certified to perform any  procedure  in
         the  oral  and  maxillofacial area; and to amend the public health law
         and the civil practice law and rules, in relation  to  the  discipline
         and liability of dentists who are so qualified and certified
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 6601 of the education law, as  amended  by  chapter
    2  576 of the laws of 2001, is amended to read as follows:
    3    S 6601. Definition  of  practice  of dentistry. 1. The practice of the
    4  profession of dentistry is defined as diagnosing,  treating,  operating,
    5  or  prescribing  for  any  disease, pain, injury, deformity, or physical
    6  condition of the oral and maxillofacial area related  to  restoring  and
    7  maintaining  dental  health.  The  practice  of  dentistry  includes the
    8  prescribing and fabrication of dental  prostheses  and  appliances.  The
    9  practice  of  dentistry  may  include performing physical evaluations in
   10  conjunction with the provision of dental treatment.
   11    2. ANY ORAL AND MAXILLOFACIAL SURGEON CERTIFIED BY THE  DEPARTMENT  IN
   12  ACCORDANCE WITH QUALIFICATIONS ESTABLISHED BY THE DEPARTMENT MAY PERFORM
   13  ADDITIONAL SURGICAL PROCEDURES INVOLVING THE HARD OR SOFT TISSUES OF THE
   14  ORAL  AND  MAXILLOFACIAL AREA. QUALIFICATIONS TO PERFORM SUCH ADDITIONAL
   15  SURGICAL PROCEDURES SHALL INCLUDE BEING: (A) CERTIFIED BY  THE  AMERICAN
   16  BOARD  OF  ORAL  AND  MAXILLOFACIAL  SURGERY OR SUCH EQUIVALENT NATIONAL
   17  CERTIFYING BOARD OR ORGANIZATION ACCEPTABLE TO THE COMMISSIONER FOR SUCH
   18  ADDITIONAL SURGICAL PROCEDURES, AND (B) GRANTED HOSPITAL PRIVILEGES  FOR
   19  SUCH  SURGICAL  PROCEDURES  BY  A  GENERAL HOSPITAL LICENSED PURSUANT TO
   20  ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05268-01-3
       A. 5632                             2
    1    S 2. Paragraph (i) of subdivision 1 of section  230-d  of  the  public
    2  health  law,  as added by chapter 365 of the laws of 2007, is amended to
    3  read as follows:
    4    (i)  "Licensee" shall mean an individual licensed or otherwise author-
    5  ized under [articles] ARTICLE one  hundred  thirty-one  or  one  hundred
    6  thirty-one-B  of the education law, OR CERTIFIED PURSUANT TO SUBDIVISION
    7  TWO OF SECTION SIXTY-SIX HUNDRED ONE OF THE EDUCATION LAW.
    8    S 3. Paragraph (i) of subdivision 1 of section  230-d  of  the  public
    9  health law, as amended by chapter 438 of the laws of 2012, is amended to
   10  read as follows:
   11    (i)  "Licensee" shall mean an individual licensed or otherwise author-
   12  ized under article one hundred  thirty-one,  one  hundred  thirty-one-B,
   13  CERTIFIED  PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-SIX HUNDRED ONE,
   14  OR individuals who have obtained an issuance of a privilege  to  perform
   15  podiatric  standard  or  advanced ankle surgery pursuant to subdivisions
   16  one and two of section seven thousand nine of the education law.
   17    S 4. Section 2995-d of the public health law is amended  by  adding  a
   18  new subdivision 4-b to read as follows:
   19    4-B.  IN  COOPERATION WITH THE EDUCATION DEPARTMENT, STUDY HEALTH CARE
   20  PRACTITIONER DATA RELATING TO ORAL AND MAXILLOFACIAL SURGEONS  CERTIFIED
   21  PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION SIXTY-SIX HUNDRED ONE OF THE
   22  EDUCATION LAW. SUCH STUDY SHALL  INCLUDE  CONSIDERATION  OF  WHETHER  AN
   23  INDIVIDUAL PROFILING PROGRAM SHOULD BE ESTABLISHED AND OUTLINE AN APPRO-
   24  PRIATE  METHOD TO DEVELOP AND IMPLEMENT SUCH A PROFILING PROGRAM IF SUCH
   25  A PROGRAM IS DETERMINED BY THE DEPARTMENT TO BE IN THE PUBLIC  INTEREST.
   26  SUCH  PROGRAM  AND  RECOMMENDATIONS  MAY  BE  SIMILAR  TO  THE PHYSICIAN
   27  PROFILES   ESTABLISHED   PURSUANT   TO   SECTION   TWENTY-NINE   HUNDRED
   28  NINETY-FIVE-A  OF  THIS  TITLE.  SUCH  A PROPOSED ORAL AND MAXILLOFACIAL
   29  SURGEON PROFILING PROGRAM, IF  SUCH  A  PROGRAM  IS  DETERMINED  BY  THE
   30  DEPARTMENT  TO  BE IN THE PUBLIC INTEREST, SHOULD BE CAPABLE OF PRESENT-
   31  ING, IN A COST EFFECTIVE MANNER, RELEVANT MEDICAL AND TREATMENT INFORMA-
   32  TION IN A FORMAT THAT IS EASILY UNDERSTOOD BY AND MADE AVAILABLE TO  THE
   33  GENERAL  PUBLIC.   SUCH STUDY AND ITS FINDINGS SHALL BE SUBMITTED TO THE
   34  GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
   35  ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF
   36  THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND SEVENTEEN;
   37    S 5. Paragraph 1 of subdivision (d) of section 3101 of the civil prac-
   38  tice law and rules is amended by adding a new subparagraph (v)  to  read
   39  as follows:
   40    (V)  IN  AN ACTION FOR ORAL AND MAXILLOFACIAL SURGERY MEDICAL MALPRAC-
   41  TICE FOR PROCEDURES PERFORMED PURSUANT TO  SUBDIVISION  TWO  OF  SECTION
   42  SIXTY-SIX HUNDRED ONE OF THE EDUCATION LAW, A PHYSICIAN MAY BE CALLED AS
   43  AN EXPERT WITNESS AT TRIAL.
   44    S 6. This act shall take effect on the one hundred eightieth day after
   45  it  shall have become a law, except that section three of this act shall
   46  take effect on the same date and in the same manner as  chapter  438  of
   47  the  laws of 2012, takes effect; provided, however, that effective imme-
   48  diately, the addition, amendment and/or repeal of any rule or regulation
   49  necessary for the implementation of the provisions of this  act  on  its
   50  effective  date  are authorized and directed to be made and completed on
   51  or before such effective date.