S03059 Summary:

BILL NOS03059A
 
SAME ASSAME AS A02820-A
 
SPONSORLIBOUS
 
COSPNSRKLEIN, ESPAILLAT, LARKIN, MAZIARZ
 
MLTSPNSR
 
Amd SS6601, Ed L; amd SS230-d & 2995-d, Pub Health L; amd S3101, CPLR
 
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.
Go to top    

S03059 Actions:

BILL NOS03059A
 
02/08/2011REFERRED TO HIGHER EDUCATION
05/17/20111ST REPORT CAL.746
05/18/20112ND REPORT CAL.
05/23/2011ADVANCED TO THIRD READING
06/14/2011PASSED SENATE
06/14/2011DELIVERED TO ASSEMBLY
06/14/2011referred to higher education
01/04/2012died in assembly
01/04/2012returned to senate
01/04/2012REFERRED TO HIGHER EDUCATION
01/05/2012AMEND AND RECOMMIT TO HIGHER EDUCATION
01/05/2012PRINT NUMBER 3059A
03/06/2012REPORTED AND COMMITTED TO FINANCE
06/12/2012COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/12/2012ORDERED TO THIRD READING CAL.1186
06/12/2012PASSED SENATE
06/12/2012DELIVERED TO ASSEMBLY
06/12/2012referred to higher education
Go to top

S03059 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S03059 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3059--A
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    February 8, 2011
                                       ___________
 
        Introduced  by  Sens.  LIBOUS,  KLEIN, MAZIARZ -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Higher
          Education  --  recommitted  to  the  Committee  on Higher Education in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-

          tee
 
        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    § 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04770-02-2

        S. 3059--A                          2
 
     1  additional surgical procedures, and (b) granted hospital privileges  for
     2  such  surgical  procedures  by  a  general hospital licensed pursuant to
     3  article twenty-eight of the public health law.
     4    §  2.  Paragraph  (i)  of subdivision 1 of section 230-d of the public
     5  health law, as added by chapter 365 of the laws of 2007, is  amended  to
     6  read as follows:

     7    (i)  "Licensee" shall mean an individual licensed or otherwise author-
     8  ized under [articles] article one  hundred  thirty-one  or  one  hundred
     9  thirty-one-B  of the education law, or certified pursuant to subdivision
    10  two of section sixty-six hundred one of the education law.
    11    § 3. Section 2995-d of the public health law is amended  by  adding  a
    12  new subdivision 4-a to read as follows:
    13    4-a.  In  cooperation with the education department, study health care
    14  practitioner data relating to oral and maxillofacial surgeons  certified
    15  pursuant  to  subdivision  two  of  section sixty-six hundred one of the
    16  education law. Such study shall  include  consideration  of  whether  an
    17  individual profiling program should be established and outline an appro-

    18  priate  method to develop and implement such a profiling program if such
    19  a program is determined by the department to be in the public  interest.
    20  Such  program  and  recommendations  may  be  similar  to  the physician
    21  profiles established pursuant to  section  twenty-nine  hundred  ninety-
    22  five-a  of  this  title.  Such a proposed oral and maxillofacial surgeon
    23  profiling program, if such a program is determined by the department  to
    24  be  in  the  public interest, should be capable of presenting, in a cost
    25  effective manner, relevant medical and treatment information in a format
    26  that is easily understood by and made available to the  general  public.
    27  Such  study  and  its  findings  shall be submitted to the governor, the

    28  temporary president of the senate, the  speaker  of  the  assembly,  the
    29  minority leader of the senate and the minority leader of the assembly on
    30  or before June first, two thousand sixteen;
    31    § 4. Paragraph 1 of subdivision (d) of section 3101 of the civil prac-
    32  tice  law and rules is amended by adding a new subparagraph (iv) to read
    33  as follows:
    34    (iv) In an action for oral and maxillofacial surgery medical  malprac-
    35  tice  for  procedures  performed  pursuant to subdivision two of section
    36  sixty-six hundred one of the education law, a physician may be called as
    37  an expert witness at trial.
    38    § 5. This act shall take effect on the one hundred eightieth day after
    39  it shall have become a law; provided, however, that effective immediate-

    40  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    41  necessary  for  the  implementation of the provisions of this act on its
    42  effective date are authorized and directed to be made and  completed  on
    43  or before such effective date.
Go to top