Meeting of the Board of Regents | January 2008

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	Frank Muñoz
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Continuing Education Requirement for Dentists
DATE:	December 20, 2007
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Decision (Consent Agenda)

 

Should the Board of Regents amend section 61.15 of the Regulations of the Commissioner of Education relating to the continuing education requirement for dentists and add a new section 61.19 relating to the newly mandated certification in cardiopulmonary resuscitation?

 

Reason(s) for Consideration

              Required by State statute.    

 

Proposed Handling

 

The proposed amendment will come before the Higher Education and Professional Practice Committee for adoption as a permanent rule at the January 2008 Regents meeting.  

 

Procedural History

 

The proposed rule was discussed at the meeting of the Higher Education and Professional Practice Committee at the December 2007 Regents meeting.  A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on October 31, 2007.  Supporting materials are available upon request from the Secretary of the Board of Regents. 

 

Background Information

 

The proposed amendment conforms the Commissioner’s Regulations to Education Law sections 6604-a and 6611 as recently amended by Chapter 183 of the Laws of 2007.  These changes increase the continuing education requirement for New York State licensed dentists from 45 hours to 60 hours per triennial registration period and require that dentists complete at least three hours in dental jurisprudence and ethics as part of the mandatory continuing education requirement and become certified in cardiopulmonary resuscitation (CPR).

 

The proposed amendment reflects the statutory increase in the continuing education requirement to 60 hours, 18 of which may be self-study courses, and sets transitional requirements on a pro rata basis for completing these credit hours. The proposed amendment also establishes standards for the approval of coursework or training in dental jurisprudence and ethics, standards for CPR certification providers and the amount of continuing education credit which may be accepted for CPR training for certification, and provides an exemption from the CPR certification requirement for dentists who are physically incapable of performing CPR.

 

Additionally, the proposed amendment to section 61.15 of the Regulations of the Commissioner of Education deletes outdated language, which applied to previous transition periods, and clarifies the language relating to the continuing education requirement following a lapse of practice.

 

Recommendation

 

Staff recommend that the Board of Regents take the following action:

 

VOTED: That paragraph (2) of subdivision (b), subdivision (c) and subdivision (e) of section 61.15 of the Regulations of the Commissioner of Education be amended as submitted and section 61.19 be added, effective February 7, 2008, as a permanent rule.

 

Timetable for Implementation

 

The proposed amendment will become effective on February 7, 2008.

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to sections 207, 6506, 6507, 6604-a, and 6611 of the Education Law, and Chapter 183 of the Laws of 2007.

              1.  Paragraph (2) of subdivision (b) of section 61.15 of the Regulations of the Commissioner of Education is amended, effective February 7, 2008, as follows:

              (2) Exemptions and adjustments to the requirement. (i) Exemptions. The following licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (c) of this section:

              (a) licensees for the triennial registration period during which they are first licensed to practice dentistry in New York State, exclusive of those first licensed to practice dentistry in New York State pursuant to an endorsement of a license of another jurisdiction; and

              (b) [licensees whose first registration date following January 1, 1997 occurs prior to January 1, 1998, for periods prior to such registration date; and]

              (c)] licensees who are not engaged in the practice of dentistry, as evidenced by not being registered to practice in New York State, except as otherwise provided in paragraph (c)(2) of this section to meet the education requirements for the resumption of practice after a lapse in practice for a licensee who has not lawfully practiced continuously in another jurisdiction throughout such lapse period.

              (ii) …

              2. Subdivision (c) of section 61.15 of the Regulations of the Commissioner of Education is amended, effective February 7, 2008, as follows:

              (c) Mandatory continuing education requirement.

              (1) Basic requirements.

              (i) During each triennial registration period, meaning a registration period of three years' duration, which ends prior to July 1, 2008, an applicant for registration shall complete at least 45 hours of formal continuing education acceptable to the department, as defined in paragraph (4) of this subdivision, provided that no more than 15 hours of such continuing education shall consist of self-study courses.

              (ii) Any licensed dentist whose [first] registration [date following January 1, 1997 occurs less than three years from that date, but on or after January 1, 1998] period begins prior to July 1, 2008 and continues after July 1, 2008, shall complete continuing education hours on a prorated basis at the rate of one and one-quarter hours of acceptable formal continuing education per month for [the period beginning January 1, 1997 up to the first registration date thereafter. Such continuing education shall be completed during the period beginning January 1, 1997 and ending before the first day of the new registration period or at the option of the licensee during any time in the previous registration period] each month from the beginning of that registration period through June 30, 2008 and at the rate of one and two-thirds hours of acceptable formal continuing education per month for each month of that registration period from July 1, 2008 through the end of that registration period. 

              (iii) During each triennial registration period, meaning a registration period of three years' duration, beginning on or after July 1, 2008, an applicant for registration shall complete at least 60 hours of formal continuing education acceptable to the department, as defined in paragraph (4) of this subdivision, provided that no more than 18 hours of such continuing education shall consist of self-study courses.

              [ii] (iv) Beginning with the first registration period for a licensed dentist that occurs on or after January 1, 2002 in which completion of acceptable formal continuing education is required, and before the occurrence of the succeeding registration renewal period following that date, a licensed dentist shall be required to have completed on a onetime basis, as part of the [45 hours of] formal continuing education required in [subparagraph (i) of] this paragraph [or as part of a proration of such 45 hours], no fewer than two hours of formal continuing education acceptable to the department, as defined in paragraph (4) of this subdivision, regarding the chemical and related effects and usage of tobacco and tobacco products and the recognition, diagnosis, and treatment of the oral health effects, including but not limited to cancers and other diseases, caused by tobacco and tobacco products. A licensee returning to the practice of dentistry after a lapse in practice, as prescribed in paragraph (2) of this subdivision, shall be subject to the requirements of this subparagraph and shall complete such formal continuing education in the registration period prescribed in this subparagraph. A licensed dentist shall be deemed to have met the requirements of this subparagraph if the licensee provides to the department satisfactory documentation that the licensee has completed on or after January 1, 1997 and prior to the registration period prescribed in this subparagraph in which such formal continuing education is required to be completed, formal continuing education acceptable to the department, as defined in paragraph (4) of this subdivision, of not less than two hours in the same or substantially similar subject matter as that prescribed in this subparagraph.

              (v) During the first registration period for a licensed dentist beginning on or after January 1, 2008 in which completion of acceptable formal continuing education is required, a licensed dentist shall be required to have completed on a one-time basis, as part of the mandatory hours of acceptable continuing education required in this paragraph, no fewer than three hours in a course approved by the department in dental jurisprudence and ethics, which shall include the laws, rules, regulations and ethical principles relating to the practice of dentistry in New York State.

              (a) As used in this section, jurisprudence shall mean the application of the principles of law and justice as they relate to the practice of dentistry.  A dental mandatory continuing education course in jurisprudence shall be based upon the laws of New York State.

              (b) As used in this section, ethics shall mean the principles of conduct relating to dental practice.  A dental mandatory continuing education course in ethics shall be based upon ethical principles, such as those of the New York State Dental Association as established pursuant to section 5 of Chapter 987 of the Laws of 1971, or of another dental association approved by the department, or the substantial equivalent thereof, as determined by the department.

              (c) Standards for approval of coursework or training. Coursework or training shall include, but need not be limited to, the core elements specified in a syllabus prepared and provided by either a non-profit dental education entity, which has been incorporated or chartered by the New York State Board of Regents for the purpose of providing dental education, or by the New York State Dental Association, which syllabus has been approved by the department. Such non-profit entity shall have knowledge and expertise in New York State Dental Association ethics or the substantial equivalent, as determined by the department.

              (2) Requirement for lapse in practice. [(i)] A licensee returning to the practice of dentistry after a lapse in practice, as evidenced by not being registered to practice in New York State[, whose first registration date after such lapse in practice and following January 1, 1997 occurs less than three years from January l, 1997, but on or after January 1, 1998, shall be required to complete:] shall submit an application for renewal of registration on a form prescribed by the commissioner and evidence of acceptable continuing education as defined in paragraph (4) of this subdivision and in accordance with subparagraphs (i) or (ii) of this paragraph as applicable.

              [(a) at least one and one-quarter hours of acceptable formal continuing education for each month beginning with January 1, 1997 until the beginning of the new registration period, which shall be completed for a licensee who has not lawfully practiced dentistry continuously in another jurisdiction throughout such lapse period, in the 12-month period before the beginning of the new registration period; and for the licensee who has lawfully practiced dentistry continuously in another jurisdiction throughout such lapse period, in the new registration period or at the option of the licensee in the period beginning the 36 months before the commencement of the new registration period and ending at the conclusion of such registration period; and

(b) for a licensee who has not lawfully practiced dentistry continuously in another jurisdiction throughout such lapse period, at least 15 hours of acceptable formal continuing education in each successive 12-month period of the new registration period; and for a licensee who has lawfully practiced dentistry continuously in another jurisdiction throughout such lapse period, acceptable formal continuing education at the rate of one and one-quarter hours per month during the new registration period.]

(i) Such licensee who has been lawfully practicing in another jurisdiction and submits such application, shall submit satisfactory evidence of three years of acceptable continuing education completed within the three years immediately preceding the submission of such application. Such continuing education shall be completed at a rate of one and one-quarter hours for each month of such three year period prior to July 1, 2008 and one and two-thirds hours for each month on or after July 1, 2008; or

(ii) [Except as prescribed in subparagraph (i) of this paragraph for registrations therein specified, the licensee who returns to the practice of dentistry after a lapse in practice in which the licensee was not registered to practice in New York State and did not lawfully practice dentistry continuously in another jurisdiction throughout the lapse period, shall be required to complete:

              (a) the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and

              (b) at least one and one-quarter hours of acceptable formal continuing education for each month of lapsed registration up to a maximum 45 hours, which shall be complete in the 12 months before the beginning of the new registration period; and

(c) at least 15 hours of acceptable formal continuing education in each succeeding 12-month period, after such registration is reissued, until the next registration date] Such licensee who has not been practicing in another jurisdiction and submits such application, shall submit satisfactory evidence of three years of acceptable continuing education completed within the 12 months immediately preceding the submission of such application. Such continuing education shall be completed at a rate of one and one-quarter hours for each month of such three year period prior to July 1, 2008 and one and two-thirds hours for each month on or after July 1, 2008.       

              [(iii) Except as prescribed in subparagraph (i) of this paragraph for registrations therein specified, the licensee who returns to the practice of dentistry after a lapse in practice in which the licensee was not registered to practice in New York State but did lawfully practice dentistry continuously in another jurisdiction throughout the lapse period, shall be required to complete:

              (a) the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and

              (b) at least one and one-quarter hours of acceptable formal continuing education for each month of lapsed registration up to a maximum of 45 hours, which shall be completed in the new registration period, or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of the new registration period; and

              (c) completion of the regular continuing education requirement at the rate of one and one-quarter hours of acceptable formal continuing education per month during the new registration period.]

              (3) Proration. If a registration period is less than three years in duration, a licensed dentist shall complete acceptable formal continuing education at the rate of one and one-quarter hours of continuing education per month for any part of such registration period ending on or before June 30, 2008 and at the rate of one and two-thirds hours of continuing education per month for any part of such registration period from July 1, 2008 through the end of such registration period.

          (4) …

              3. Subdivision (e) of section 61.15 of the Regulations of the Commissioner of Education is amended, effective February 7, 2008, as follows:

              (e) Conditional registration. (1) The department shall issue a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements of this section, provided that such licensee meets the following requirements:

              (i) the licensee agrees to remedy such deficiency within the conditional registration period;

              (ii) the licensee agrees to complete the [regular] continuing education requirement for any months of the conditional registration period prior to July 1, 2008 at the rate of one and one-quarter hours of acceptable formal continuing education per month [during] and at the rate of one and two-thirds hours per month for the period beginning July 1, 2008 through the end of such conditional registration period; and

              (iii) the licensee agrees to complete additional continuing education during such conditional registration period, which the department may require to ensure the licensee's proper delivery of dental care consistent with the licensee's practice of dentistry.

              (2) The duration of such conditional registration shall not exceed one year and shall not be renewed or extended.

              4.  Part 61 of the Regulations of the Commissioner of Education is amended, effective February 7, 2008, by adding a new section 61.19 as follows:

              §61.19  Dental requirement for cardiopulmonary resuscitation certification.

              (a) Beginning January 1, 2009, each dentist licensed and registered to practice in New York State shall become certified in cardiopulmonary resuscitation by a provider approved by the department and thereafter shall maintain current certification, except as provided for in subdivision (e) of the section.  Coursework leading to obtaining and maintaining such certification shall be included in the mandatory hours of continuing education to the extent provided in subdivision (c) of this section.

              (b) Cardiopulmonary resuscitation certification providers approved by the department shall include the American Heart Association, the American Red Cross, the National Safety Council and the American Safety and Health Institute.  The Department may also approve other providers determined by the Department to offer substantially similar content to courses offered to professionals by such organizations and to have a similar renewal period. Online courses are not acceptable; all courses taken to meet this requirement shall be taken in person.  Such coursework shall include, but need not be limited to, content in the following:

              (1) scene survey;

              (2) patient assessment;

              (3) one and two rescuer cardiopulmonary resuscitation;

              (4) mouth-to-mouth resuscitation;

              (5) mouth-to-mask resuscitation;

              (6) conscious choking;

              (7) unconscious choking;

              (8) bag-valve-mask resuscitation;

              (9) recovery position;

              (10) automated external defibrillator use;

              (11) infection control matters;

              (12) recognizing a heart attack; and

              (13) cardiopulmonary resuscitation and automated external defibrillator scenarios.

              (c) For each triennial registration period, a licensee may count up to a maximum of twelve hours of coursework in cardiopulmonary resuscitation, including coursework in advanced cardiac life support and/or pediatric advanced life support.

              (d) At the time of his or her registration renewal, each dentist shall attest to having met the cardiopulmonary resuscitation requirement or attest to meeting the requirements for exemption as defined in subdivision (e) of this section.

              (e) A licensee may be granted an exemption to the cardiopulmonary resuscitation requirement if he or she is physically incapable of complying with the requirements of subdivision (a) of this section.  Documentation of such incapacity shall include a written statement by a licensed physician describing the licensee’s physical incapacity.  The licensee shall also submit an application to the department for exemption which verifies that another individual will maintain certification and be present in the dental office while the dentist is treating patients.

              (f) In accordance with subdivision (f) of section 61.15 of this Part, each licensee shall maintain for review by the department records of compliance with this section, including the licensee’s cardiopulmonary resuscitation certification card.