New York State Assembly

 
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A04064 Summary:

A04064 Actions:

A04064 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Glick      
DATE:05/07/2019AYE/NAY:23/0  Action: Favorable         
Glick
Aye
Smith
Aye
Gottfried
Aye
Fitzpatrick
Aye
Englebright
Aye
Garbarino
Aye
Cahill
Excused
Ashby
Aye
Lifton
Aye
Reilly
Aye
Cusick
Aye
Salka
Aye
Lupardo
Aye
Walczyk
Aye
Stirpe
Aye
Fahy
Aye
Pichardo
Aye
Simon
Excused
McDonald
Aye
Bichotte
Excused
Hyndman
Aye
Epstein
Aye
Griffin
Aye
Romeo
Aye
McMahon
Aye
Buttenschon
Aye

A04064 Floor Votes:

A04064 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4064
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  HYNDMAN,  WILLIAMS, TAYLOR, RIVERA, DICKENS,
          D'URSO, MOSLEY, GOTTFRIED, MONTESANO, LAWRENCE, GALEF  --  Multi-Spon-
          sored by -- M. of A.  SIMON -- read once and referred to the Committee
          on Higher Education
 
        AN  ACT  to  amend  the  education law, in relation to registered dental
          assisting

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The article heading of article 133 of the education law, as
     2  added by chapter 987 of the laws of 1971, is amended to read as follows:
     3                    DENTISTRY [AND], DENTAL HYGIENE, AND
     4                         REGISTERED DENTAL ASSISTING
     5    § 2. Section 6600 of the education law, as added by chapter 987 of the
     6  laws of 1971, is amended to read as follows:
     7    § 6600. Introduction.    This  article  applies  to the professions of
     8  dentistry [and], dental hygiene, and registered dental assisting.    The
     9  general  provisions for all professions contained in article one hundred
    10  thirty of this title apply to this article.
    11    § 3. Section 6603 of the education law, as amended by chapter  393  of
    12  the laws of 1999, is amended to read as follows:
    13    § 6603. State  board  for dentistry. A state board for dentistry shall
    14  be appointed by the board of regents on recommendation  of  the  commis-
    15  sioner for the purpose of assisting the board of regents and the depart-
    16  ment  on  matters  of professional licensing and professional conduct in
    17  accordance with section sixty-five hundred  eight  of  this  title.  The
    18  board  shall  be composed of not less than thirteen dentists licensed in
    19  this state for at least five years, not less than three  dental  hygien-
    20  ists  licensed  in this state for at least five years, and not less than
    21  one [certified] registered dental assistant licensed in this  state  for
    22  at  least  one  year.  An  executive  secretary  to  the  board shall be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08322-01-9
        A. 4064                             2
 
     1  appointed by the board of regents on recommendation of the  commissioner
     2  and shall be a dentist licensed in this state.
     3    §  4.  Section 6608 of the education law, as amended by chapter 239 of
     4  the laws of 2013, is amended to read as follows:
     5    § 6608. Definition  of  practice  of  [certified]  registered   dental
     6  assisting.  The  practice  of [certified] registered dental assisting is
     7  defined as providing supportive services to a dentist in  [his/her]  his
     8  or  her  performance  of  dental services authorized under this article.
     9  Such support shall include providing patient education, taking  prelimi-
    10  nary  medical  histories  and vital signs to be reviewed by the dentist,
    11  placing and removing rubber dams, selecting and  prefitting  provisional
    12  crowns, selecting and prefitting orthodontic bands, removing orthodontic
    13  arch  wires and ligature ties, placing and removing matrix bands, taking
    14  impressions for study casts or diagnostic  casts,  removing  periodontal
    15  dressings,  and  such other dental supportive services authorized by the
    16  dentist consistent with regulations  promulgated  by  the  commissioner,
    17  provided  that  such  functions  are performed under the direct personal
    18  supervision of a licensed dentist in the course of  the  performance  of
    19  dental  services.  Such  services  shall  not  include diagnosing and/or
    20  performing surgical procedures, irreversible  procedures  or  procedures
    21  that  would  alter the hard or soft tissue of the oral and maxillofacial
    22  area or any other procedures determined by the department. The  practice
    23  of  [certified]  registered  dental  assisting  may  be conducted in the
    24  office of any licensed dentist or in any appropriately  equipped  school
    25  or  public institution but must be done under the direct personal super-
    26  vision of a licensed dentist.  Direct personal supervision, for purposes
    27  of this  section,  means  supervision  of  dental  procedures  based  on
    28  instructions  given  by  a licensed dentist in the course of a procedure
    29  who remains in the dental office where the supportive services are being
    30  performed, personally diagnoses the condition to be treated,  personally
    31  authorizes  the  procedures,  and  before  dismissal of the patient, who
    32  remains the  responsibility  of  the  licensed  dentist,  evaluates  the
    33  services  performed  by  the registered dental assistant. Nothing herein
    34  authorizes a registered dental assistant to perform any of the  services
    35  or  functions  defined  as  part  of  the  practice of dental hygiene in
    36  accordance with the provisions of subdivision one of  section  sixty-six
    37  hundred  six of this article, except those functions authorized pursuant
    38  to this section. All dental supportive services provided in this section
    39  may be performed by currently registered dental hygienists either  under
    40  a  dentist's supervision, as defined in regulations of the commissioner,
    41  or, in the case of a registered dental hygienist working for a  hospital
    42  as defined in article twenty-eight of the public health law, pursuant to
    43  a  collaborative  arrangement with a licensed dentist in accordance with
    44  subdivision one of section sixty-six hundred six of this  article.  Such
    45  collaborative  arrangement  shall  not  obviate  or supersede any law or
    46  regulation which requires identified services to be performed under  the
    47  personal supervision of a dentist.
    48    §  5.  Section 6608-a of the education law, as added by chapter 494 of
    49  the laws of 1994, is amended to read as follows:
    50    § 6608-a. Practice of [certified] registered dental assisting and  use
    51  of  title  "[certified]  registered  dental  assistant".   Only a person
    52  certified under section sixty-six hundred eight-b  of  this  article  or
    53  exempt  pursuant  to section sixty-six hundred ten of this article shall
    54  practice [certified] registered dental assisting.  Only a person  certi-
    55  fied pursuant to section sixty-six hundred eight-b of this article shall
    56  use the title "[certified] registered dental assistant".
        A. 4064                             3
 
     1    §  6.  Section 6608-b of the education law, as added by chapter 494 of
     2  the laws of 1994, subdivision 4 as amended by chapter 300 of the laws of
     3  2006 and subdivision 5 as amended by chapter 565 of the laws of 1995, is
     4  amended to read as follows:
     5    § 6608-b. Requirements  for  certification as a [certified] registered
     6  dental assistant. To qualify for certification as a  [certified]  regis-
     7  tered  dental  assistant,  an  applicant  shall  fulfill  the  following
     8  requirements:
     9    (1) Application: file an application with the department;
    10    (2) Age: be at least [seventeen] eighteen years of age;
    11    (3) Fees: pay a fee  of  forty-five  dollars  to  the  department  for
    12  initial  certification  and  a  fee  of fifty dollars for each triennial
    13  registration period;
    14    (4) Education and experience: (A) have received a high school diploma,
    15  or its equivalent, and (B) have successfully  completed,  in  accordance
    16  with  the commissioner's regulations, (i) an approved one-year course of
    17  study in dental assisting in a degree-granting institution or a board of
    18  cooperative educational services program which  includes  at  least  two
    19  hundred  hours  of clinical experience, or an equivalent approved course
    20  of study in dental assisting in a non-degree granting institution  which
    21  shall  not be a professional association or professional organization or
    22  (ii) an alternate course of study in dental assisting acceptable to  the
    23  department which shall be provided by a degree-granting institution or a
    24  board  of  cooperative  educational  services  program which includes at
    25  least one thousand hours of relevant work experience; [and]
    26    (5) Examination: pass an examination in dental assisting given  by  an
    27  organization  which administers such examinations [for certifying dental
    28  assistants] and which is acceptable to the department[.]; and
    29    (6) Character: be of good moral character as determined by the depart-
    30  ment.
    31    § 7. This act shall take effect immediately.