NY Educ L § 6611 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 133 - Dentistry, Dental Hygiene, and Registered Dental Assisting 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.