Extends the expiration of provisions relating to a restricted dental facility license

Summary of specific provisions

Section one amends the effective date of Chapter 499 of 2010, which extended the effectiveness of Section 6604-b of the Education Law to authorize the Education Department to issue a full-time faculty license under the following conditions to February 1, 2015. The new bill would extend the sunset to February 1, 2017.

As background on the underlying law, the foreign trained dentist authorized under the statute must meet the following qualifications:

* The dentist must be serving full-time on the faculty of one of New York state's five Academic Dental Centers (Columbia University College of Dental Medicine, New York University College of Dentistry, University at Buffalo School of Medicine, State University of New York at Stony Brook School of Dental Medicine and The University of Rochester School of Medicine and Dentistry, Eastman Dental Center, all listed in the bill).

* To be full-time the individual must devote at least 4 days per week to teaching, patient care, research or administration.

* The restricted dental faculty license will only allow an individual to practice within the facilities or clinics of the dental school or at a clinic or facility that has an affiliation agreement with the school. The restricted license will be valid for a period of 3 years - the same period that a regular license is valid.

* In order to qualify for the license an individual must have at least 6 years of pre-professional and professional education which includes the same course work required of a dentist licensed through the regular pathway. Even though it is a 6 year requirement compared to our 8, individuals must have at least 4 years of dental education (same as US schools); the 6 year requirement is needed because a majority of European schools combine undergraduate and graduate training so that students who graduate from those programs have 6 years of education compared to our system of 8.

* Individuals applying for a license must have at least 2 years of practice experience or have completed a 2 year advanced training course. Thus a new graduate would not be eligible for the license. This is very similar to the requirement that foreign trained dentists would have to complete in order to obtain a regular license.

* Individuals applying for the license must meet the same moral character requirements, continuing education and misconduct standards as a regular dentist.

* Dental schools are required to provide the following notices to SED: 1) that a licensee has been hired, 2) annual notice indicating the licensee remains employed and 3) notice upon termination of full-time employment.

* The licensee must also provide notice to SED upon termination of employment.

Justification

NYS dental schools are experiencing a shortage of faculty members. Many dental schools across the state report having open, fully funded faculty positions which they cannot fill. One reason for the difficulty in attracting faculty is the differential in salary between private practice and academia, which is approximately 4SCRIPT Another reason is the overall number of faculty members who are reaching the age of retirement that need to be replaced in order to maintain the current level of instruction and care provided.

There is a pool of highly qualified foreign trained dental educators and researchers that are interested and willing to come teach in NYS. In fact, many of these potential dental faculty members are serving in faculty positions at dental centers or are conducting NTH sponsored research in other states. However, upon learning they are ineligible for participation in faculty practice plans due to the lack of licensure they decline the offer to come and teach in NYS. Under current law, foreign dental trained faculty can teach under a limited permit but cannot practice dentistry. Licensure will allow foreign trained dental faculty to maintain their clinical skills and to treat patients in the dental clinic setting. In addition, treating patients will allow foreign trained faculty to supplement their income which helps to offset the differential in pay between private practice and academia.

This bill would provide foreign trained dental faculty the limited privilege of licensure but only if they are employed full-time in an academic setting. In short, the full-time faculty license would only be valid while the foreign trained dentist is employed as a full-time faculty member by a NYS dental school. In addition, foreign trained faculty would be required to meet the same continuing education requirements as other dentist's licensed to practice in NYS. Thus, this bill is precisely tapered to meet a specific problem in the recruitment of full-time faculty and is not a portal to opening a loophole for private practice dentistry by foreign trained dentists.

Currently, every state that has a dental school, including Connecticut, Massachusetts and Pennsylvania, grant foreign trained dental faculty the full privilege of licensure while employed within the academic setting.

The fact that NYS does not grant full licensure is putting NYS at a disadvantage in recruiting some of the most highly trained and well qualified dental faculty.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

Immediately.