Section 6611. Special provisions  


Latest version.
  • 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.  Beginning  January  first,  two thousand nine, each 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 cannot physically perform CPR, the commissioner's
      regulations shall allow the dentist to  make  arrangements  for  another
      individual in the office to administer CPR.