N.Y. Education Law § 6611: Special provisions

§ 6611. Special provisions. 1. Except upon the written dental

laboratory prescription of a licensed dentist and except by the use of

impressions or casts made by a licensed dentist, no dental laboratory

shall furnish, supply, construct, reproduce, place, adjust, or repair

any dental prosthesis, device, or appliance. A dental laboratory

prescription shall be made out in duplicate. It shall contain such data

as may be prescribed by the commissioner's regulations. One copy shall

be retained by the practitioner of dentistry for a period of one year.

The other copy shall be issued to the person, firm or corporation

engaged in filling dental laboratory prescriptions, who or which shall

each retain and file in their respective offices or places of business

their respective copies for a period of one year.

2. The department is empowered to inspect and to have access to all

places, including the office or offices of a licensed dentist, where

copies of dental laboratory prescriptions issued by him are retained as

required by this section, and to all places where dental laboratory

prescriptions are filled or to any workroom or workrooms in which

prosthetic restorations, prosthetic dentures, bridges, orthodontic or

other appliances or structures to be used as substitutes for natural

teeth or tissue or for the correction of malocclusion or deformities are

made, repaired or altered, with power to subpoena and examine records of

dental laboratory prescriptions. A person who fails to grant access to

such places or who fails to maintain prescriptions as required by this

section shall be guilty of a class A misdemeanor.

3. The department may arrange for the conduct of clinical examinations

in the clinic of any school of dentistry or dental hygiene within or

outside the state for dental or dental hygiene candidates.

4. A not-for-profit dental or medical expense indemnity corporation or

hospital service corporation organized under the insurance law or

pursuant to special legislation may enter into contracts with dentists

or partnerships of dentists to provide dental care on its behalf for

persons insured under its contracts or policies.

5. Legally incorporated dental corporations existing and in operation

prior to January first, nineteen hundred sixteen, may continue to

operate through licensed dentists while conforming to the provisions of

this title. Any such corporation which shall be dissolved or cease to

exist or operate for any reason whatsoever shall not be permitted to

resume operations. No such corporation shall change its name or sell its

franchise or transfer its corporate rights directly or indirectly, by

transfer of capital stock control or otherwise, to any person or to

another corporation without permission from the department, and any

corporation so changing its name or so transferring its franchise or

corporate rights without such permission shall be deemed to have

forfeited its rights to exist and may be dissolved by an action brought

by the attorney general.

6. Notwithstanding any inconsistent provision of any general, special

or local law, any licensed dentist who voluntarily and without the

expectation of monetary compensation renders first aid or emergency

treatment at the scene of an accident or other emergency, outside of a

hospital or any other place having proper and necessary medical equip-

ment, to a person who is unconscious, ill or injured shall not be liable

for damages for injuries alleged to have been sustained by such person

or for damages for the death of such person alleged to have occurred by

reason of an act or omission in the rendering of such first aid or

emergency treatment unless it is established that such injuries were or

such death was caused by gross negligence on the part of such dentist.

Nothing in this subdivision shall be deemed or construed to relieve a

licensed dentist from liability for damages for injuries or death caused

by an act or omission on the part of a dentist while rendering

professional services in the normal and ordinary course of practice.

7. Any dentist or dental hygienist, who in the performance of dental

services, x-rays the mouth or teeth of a patient shall during the

performance of such x-rays shield the torso and thyroid area of such

patient including but not limited to the gonads and other reproductive

organs with a lead apron thyroid collar, or other similar protective

garment or device. Notwithstanding the provisions of this subdivision,

if in the dentist's professional judgment the use of a thyroid collar

would be inappropriate under the circumstances, because of the nature of

the patient, the type of x-ray being taken, or other factors, the

dentist or dental hygienist need not shield the thyroid area.

8. An unlicensed person may provide supportive services to a dentist

incidental to and concurrent with such dentist personally performing a

service or procedure. Nothing in this subdivision shall be construed to

allow an unlicensed person to provide any service which constitutes the

practice of dentistry or dental hygiene as defined in this article.

9. There shall be no monetary liability on the part of, and no cause

of action for damages shall arise against, any person, partnership,

corporation, firm, society, or other entity on account of the

communication of information in the possession of such person or entity,

or on account of any recommendation or evaluation, regarding the

qualifications, fitness, or professional conduct or practices of a

dentist, to any governmental agency, dental or specialists society, or

hospital as defined in article twenty-eight of the public health law.

The foregoing shall not apply to information which is untrue and

communicated with malicious intent.

10. Each dentist and registered dental hygienist working for a

hospital as defined in article twenty-eight of the public health law who

practices in collaboration with a licensed dentist shall become

certified in cardiopulmonary resuscitation (CPR) from an approved

provider and thereafter maintain current certification, which shall be

included in the mandatory hours of continuing education acceptable for

dentists to the extent provided in the commissioner's regulations. In

the event the dentist or registered dental hygienist cannot physically

perform CPR, the commissioner's regulations shall allow the dentist or

registered dental hygienist to make arrangements for another individual

in the office to administer CPR. All dental facilities shall have an

automatic external defibrillator or other defibrillator at the facility.