Bill Text: NY A05984 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides that any member of a district or county dental society who has been a member since 1977 may maintain his or her membership in that district or county dental society regardless of where such member resides or practices dentistry.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2017-09-12 - signed chap.288 [A05984 Detail]
Download: New_York-2017-A05984-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5984 2017-2018 Regular Sessions IN ASSEMBLY February 21, 2017 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Higher Education AN ACT to amend chapter 987 of the laws of 1971 amending the education law and the civil practice law and rules relating to the regulation and practice of certain professions; and to continue the dental socie- ty of the state of New York, in relation to counting representation in the New York state dental association The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 6 of chapter 987 of the 2 laws of 1971 amending the education law and the civil practice law and 3 rules relating to the regulation and practice of certain professions; 4 and to continue the dental society of the state of New York, as amended 5 by chapter 683 of the laws of 1997, are amended to read as follows: 6 1. The existing district dental societies are continued. In any judi- 7 cial district in which a district dental society is not incorporated, 8 fifteen or more dentists of such district authorized to practice dentis- 9 try in this state may become a district dental society of such district, 10 by publishing a call for a meeting of the dentists of the district to be 11 held at a time and place mentioned therein within the district, in at 12 least one newspaper in each county of the district, at least once a week 13 for at least four weeks immediately preceding the time when such meeting 14 is to be held, and by meeting at the time and place specified in such 15 notice with such dentists authorized to practice dentistry in the 16 district as may respond to such call, and by making and filing with the 17 secretary of the state dental association a certificate, to be executed 18 and acknowledged by the dentists so meeting, or by at least fifteen of 19 them, which shall set forth that such meeting has been held pursuant to 20 such notice, the corporate name of the society, which shall be the 21 district dental society of the judicial district where located, the 22 names and places of residence of the officers of the society for the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08063-01-7A. 5984 2 1 first year, or until the first annual meeting, which officers shall be a 2 president, vice-president, secretary and treasurer, the time and place 3 of the annual meeting of the society and the general objects and 4 purposes of the association. Thereupon the persons executing such 5 certificate and all other dentists in good standing and authorized to 6 practice dentistry in such district, who shall subscribe to its bylaws, 7 shall be a corporation by the name expressed in such certificate. Every 8 licensed and registered dentist in the judicial district in which such a 9 society is formed, shall be eligible to membership in the district soci- 10 ety of the district in which he or she resides or practices dentistry, 11 except if such dentist resides or practices dentistry in a county in 12 which a county dental society is formed in the manner hereinafter 13 provided, he or she shall be eligible to membership in such county soci- 14 ety; provided, however, that after September 1, 1990 any licensed and 15 registered dentist who is not a member of the state dental association 16 shall be eligible for membership only in the district or county society 17 in which he or she maintains his or her primary practice. Any member of 18 a district or county dental society who has been a member of such 19 district or county dental society continuously since January first, 20 nineteen hundred seventy-seven, may maintain his or her membership in 21 that district or county dental society notwithstanding where such member 22 resides or practices dentistry[, provided that for purposes of counting23the number of members in any district or county dental society with24respect to any New York state dental association or american dental25association matter relating to representation, all such members affected26by this provision shall be counted only as members of the district or27county dental society where they maintain their primary practice and not28as members of any other district or county dental society]. The dental 29 societies of the respective districts of the state shall have power to 30 make all necessary bylaws not inconsistent with the laws of this state 31 for the management of their affairs and property and the admission and 32 expulsion of members; providing that no bylaw of any district society 33 shall be repugnant to or inconsistent with the bylaws of the state asso- 34 ciation. Twenty members or ten percent of the total membership entitled 35 to vote, whichever is less, shall be a quorum. Such societies may 36 purchase and hold real and personal property for the purposes of their 37 incorporation. 38 2. Notwithstanding the provisions of this section or any other law or 39 rule to the contrary, a county dental society may be formed if applica- 40 tion by fifteen or more dentists of a county or fifteen or more 41 dentists from each of contiguous counties, or fifty percent or more of 42 the dentists in a county or from each contiguous county with fewer than 43 thirty dentists is approved by the governing body of the New York State 44 Dental Association. Every licensed and registered dentist who resides 45 or practices dentistry within the geographic area in which such a county 46 society is formed shall be eligible to membership in such society; 47 provided, however, that after September 1, 1990, any licensed and regis- 48 tered dentist who is not a member of the state dental association shall 49 be eligible for membership only in the county society in which he or she 50 maintains his or her primary practice. Any member of a district or coun- 51 ty dental society who has been a member of such district or county 52 dental society continuously since January first, nineteen hundred seven- 53 ty-seven, may maintain his or her membership in that district or county 54 dental society notwithstanding where such member resides or practices 55 dentistry[, provided that for purposes of counting the number of members56in any district or county dental society with respect to any New YorkA. 5984 3 1state dental association or american dental association matter relating2to representation, all such members affected by this provision shall be3counted only as members of the district or county dental society where4they maintain their primary practice and not as members of any other5district or county dental society]. Such county dental societies shall 6 have the same powers, duties and quorum requirements as district dental 7 societies. 8 § 2. This act shall take effect immediately.
