NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8660A
TITLE OF BILL: An act to amend chapter 537 of the laws of 2008,
amending the education law relating to a restricted dental faculty
license, in relation to extending the expiration of such chapter
PURPOSE OR GENERAL IDEA OF BILL: To grant licensure to foreign trained
dentists who are employed as a full-time faculty member at a NYS dental
SUMMARY OF SPECIFIC PROVISIONS: Section one adds Section 6604-b of the
Education Law to authorize the Education Department to issue a full-time
faculty license under the following conditions. The dentist must be:
* 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
* 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, indi-
viduals must have at least 4 years of dental education (same as US
schools); the 6 year requirement is needed because a majority of Europe-
an 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 prac-
tice 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 charac-
ter requirements, continuing education and misconduct standards as a
* 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
* The licensee must also provide notice to SED upon termination of
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 4:1.
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 NIH 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 priv-
ilege of licensure but only if they are employed full-time in an academ-
ic 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 dentists 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.
STATE OF NEW YORK
Cal. No. 509
January 31, 2014
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Higher Education -- passed by Assembly and delivered to the Senate,
recalled from the Senate, vote reconsidered, bill amended, ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend chapter 537 of the laws of 2008, amending the education
law relating to a restricted dental faculty license, in relation to
extending the expiration of such chapter
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of chapter 537 of the laws of 2008, amending the
2 education law relating to a restricted dental faculty license, as
3 amended by chapter 499 of the laws of 2010, is amended to read as
5 § 2. This act shall take effect February 1, 2009 and shall expire
6 February 1,  2017 when upon such date the provisions of this act
7 shall be deemed repealed; provided that the commissioner of education is
8 authorized to promulgate rules and regulations necessary to implement
9 the provisions of this act prior to such effective date; and provided
10 further that any restricted dental faculty license awarded prior to
11 February 1,  2017 shall remain valid and effective until the expi-
12 ration thereof.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.