Bill Text: NY A08442 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A08442 Detail]

Download: New_York-2019-A08442-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8442

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      July 8, 2019
                                       ___________

        Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
          Committee on Higher Education

        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
        A. 8442                             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.