Enacts the "orthodontic tele-dentistry consumer protection act" placing additional requirements on licensed dental procedures entities and licensed dentists who perform cosmetic dental procedures including the posting of specific notices.
STATE OF NEW YORK
________________________________________________________________________
6477
2019-2020 Regular Sessions
IN SENATE
June 13, 2019
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to enacting the orthodon-
tic tele-dentistry consumer protection act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "orthodontic tele-dentistry consumer protection act".
3 § 2. The education law is amended by adding a new section 6614 to read
4 as follows:
5 § 6614. Special provisions regarding orthodontic tele-dentistry. 1. As
6 used in this section, the term "orthodontic tele-dentistry" shall mean
7 dental procedures including clear aligners in mail dental treatment,
8 plastic aligner dental movements to straighten teeth without office
9 visits conducted through pictures or videos without hands on clinical
10 supervision by a licensed New York state dentist.
11 2. (a) Every licensed dentist who performs or approves orthodontic
12 tele-dentistry treatment, shall certify to the department annually that
13 any such procedures are performed in compliance with the standards of
14 care prescribed by the American dental association. The timing and
15 manner of such certification shall be determined by the department.
16 (b) The department is authorized to investigate any allegation of
17 non-compliance with the provisions of paragraph (a) of this subdivision
18 and may revoke or place on probation the license of a dentist who has
19 been found to be non-compliant in more than two instances.
20 3. No agreement between a licensed dentist and a patient for the
21 performance of an orthodontic dental treatment shall include an arbi-
22 tration clause.
23 4. A licensed dentist shall provide a notice to all patients receiving
24 orthodontic tele-dentistry, such notice shall (a) be required to be
25 provided on a separate page, (b) be signed by such patients and such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05637-02-9
S. 6477 2
1 licensed dentist or an authorized representative of such dentist, and
2 (c) include the following text in bold printed font size forty-eight or
3 greater:
4 "WARNING:
5 Without a pre-treatment x-ray evaluated by the treating dentist at the
6 start of this treatment and at the end of this treatment, this procedure
7 can lead to irreversible damage that can worsen your current dental
8 condition."
9 "WARNING:
10 Tele-dentistry movements shown for clear aligner treatment and approved
11 by a licensed dentist prior to treatment may not reflect your final
12 results. Without clinical supervision before, during and after treatment
13 the results can lead to irreversible damage that includes early loss or
14 loosening of teeth, TMJ disorders, traumatic bites, fractured teeth and
15 periodontal bone loss."
16 § 3. This act shall take effect immediately and apply to contracts
17 executed on and after such date.