Bill Text: NY S06477 | 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 [S06477 Detail]

Download: New_York-2019-S06477-Introduced.html

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                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.