Licensing Examination Requirements for Dental Hygienists.
Purpose:
To address a name-change by the testing agency for Part II of the licensing exam; and remove remedial education requirements.
Text of proposed rule:
Section 61.7 of the Regulations of the Commissioner of Education is amended, effective March 9, 2016, as follows:
61.7 Licensing examination for dental hygienist.
(a) Content. The examination shall consist of two parts:
(1) Part I. Designed to sample knowledge from all areas related to dental hygiene.
(2) Part II. An examination in dental hygiene practice, including both comprehensive and clinical components the scope and content of which shall be determined by the State Board for Dentistry.
(b) The department may accept grades acceptable to the State Board for Dentistry on an examination of the National Board Dental Hygiene Examination[s] as meeting the requirements of Part I of the licensing examination, and satisfactory performance on [the] a clinical examination administered by [the Northeast Regional Board of Dental Examiners or another] a [acceptable] clinical testing agency acceptable to the department for Part II of the licensing examination.
(c) . . .
(d) . . .
(e) A candidate who fails any component of Part II shall retain credit for components of that part passed, to the extent permitted by the testing agency. [for two subsequent examinations. Before admission to the third administration of Part II may be granted, such candidate shall present evidence satisfactory to the department of completion of instruction subsequent to the second failure, in a school of dental hygiene registered by the department or accredited by an accrediting organization acceptable to the department, in accordance with the following provisions:
(1) completion of 20 clock hours of instruction in each subject failed in the Dental Hygiene Comprehensive component of Part II; and
(2) completion of 40 clock hours of clinical instruction for failure in the clinical component of Part II.]
(f) Special examination conditions.
(1) An applicant who has completed not less than one academic year in a program of dental hygiene education registered by the department or accredited by an accrediting organization acceptable to the department may be admitted to Part I of the examination. Such applicant shall meet all requirements for admission to the licensing examination, except for the completion of professional education.
(2) An applicant attending a program of dental hygiene education registered by the department, or accredited by an accrediting organization acceptable to the department, may be admitted to Part II during the last year of study and prior to graduation.
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Office of the Professions, Office of the Deputy Commissioner, State Education Department, State Education Building 2M, 89 Washington Ave., Albany, NY 12234, (518) 486-1765, email: opdepcom@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rulemaking authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.
Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.
Subdivision (1) of section 6606 of the Education Law defines the practice of dental hygiene. Subdivision (2) of section 6606 of the Education Law authorizes the Commissioner of Education to promulgate regulations defining the functions a dental hygienist may perform that are consistent with the training and qualifications for a license as a dental hygienist.
Section 6608 of the Education Law defines the practice of certified dental assisting.
Subdivision (4) of Education Law 6609 authorizes the Commissioner of Education to promulgate regulations to establish the examination requirements for dental hygiene licensure.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment carries out the legislative intent of the aforementioned statutes that the Board of Regents and the Department regulate the admission to and practice of the professions.
The proposed amendment to paragraph (b) of section 61.7 of the Regulations of the Commissioner of Education will delete the reference to the Northeast Regional Board of Dental Examiners (NERB), which, on January 9, 2015, changed its name to the Commission on Dental Competency Assessments (CDCA). The proposed amendment will also eliminate the need to amend this section in the future, should CDCA or another clinical testing agency change its name, by stating that the Department may accept satisfactory performance on a clinical examination administered by a clinical testing agency acceptable to the Department for Part II of the licensing examination, instead of specifically naming the acceptable testing agency.
The proposal will also amend section 61.7(e), which contains the remedial education requirements candidates must currently satisfy prior to their admission to a third administration of the Part II examination, when they have failed any component of the Part II examination during two prior administrations of the examination. When the remedial education requirements were promulgated, the examination was structured in such a way that candidates would know which topic or topics they had failed and could determine the kind of remedial education they needed. However, the examination has changed, and now consists of 100 questions which are not categorized or separated by topic, and the candidates are graded pass/fail based on the number of questions they have answered correctly. This has created a situation where a candidate, who has failed a component of Part II, cannot satisfy the remedial education requirements of section 61.7(e) because he or she has no way of knowing what topic area or areas he or she failed. In addition, a remediation curriculum does not exist for either component of the Part II examination. This situation has created undue hardship for some candidates for dental hygiene licensure.
Moreover, section 61.7(e) has adversely affected numerous candidates for New York State licensure, who have practiced dental hygiene out of state and are seeking to relocate to this State. There have been instances where out of state candidates who have failed the examination twice and then eventually passed it, and had been practicing dental hygiene in other states for years, have been required to take remedial education to satisfy the requirements of section 61.7(e) for an examination they passed years ago, in order to become licensed in this State. The remedial education requirement in these instances does not further the protection of the public and creates an unnecessary barrier to licensure for such out of state licensure candidates. This may adversely affect New Yorkers’ access to dental hygiene services.
The proposed amendment of section 61.7(e) would eliminate all of the aforementioned issues, as well as all the unnecessary barriers to dental hygiene licensure in this State.
3. NEEDS AND BENEFITS:
The proposed amendment to paragraph (b) of section 61.7 of the Regulations of the Commissioner of Education will delete the reference to the Northeast Regional Board of Dental Examiners, which, on January 9, 2015, changed its name to the Commission on Dental Competency Assessments (CDCA). The proposed amendment will also eliminate the need to amend this section in the future, should CDCA or another clinical testing agency change its name, by stating that the Department may accept satisfactory performance on a clinical examination administered by a clinical testing agency acceptable to the Department for Part II of the licensing examination, instead of specifically naming the acceptable testing agency.
In addition, the proposed amendment to section 61.7(e) would eliminate all of the issues discussed in the Legislative Objectives section above, as well as all the unnecessary barriers to dental hygiene licensure in this State.
4. COSTS:
The proposed amendment simply removes the reference to NERB and eliminates the remedial education requirements for dental hygiene candidates; it imposes no costs on any parties.
(a) Costs to State government. There are no additional costs to State government.
(b) Costs to local government. There are no additional costs to local government.
(c) Costs to private regulated parties. There are no additional costs to private regulated parties.
(d) Costs to the regulatory agency. There are no additional costs to the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any program, service, duty, or responsibility on local governments.
6. PAPERWORK:
There are no new forms, reporting requirements, or other recordkeeping associated with the proposed amendment.
7. DUPLICATION:
The proposed amendment does not duplicate any other existing State or federal requirements.
8. ALTERNATIVES:
The proposed amendment to paragraph (b) of section 61.7 of the Regulations of the Commissioner of Education arose out of the change in the name of the named clinical testing agency from NERB to CDCA. The proposed amendment will eliminate the need to amend this section in the future, should CDCA or another clinical testing agency change its name.
The proposed amendment to paragraph (e) of section 61.7 arose out of changes in the structure of Part II of the licensing examination, which has created a situation where a candidate, who has failed a component of Part II, cannot satisfy the current remedial education requirements of this section because he or she has no way of knowing what topic area or areas he or she failed. In addition, a remediation curriculum does not exist for either component of the Part II examination. The remedial education requirements also have adversely affected numerous candidates for New York State licensure, who have practiced dental hygiene out of state and are seeking to relocate to this State, and created an unnecessary barrier to licensure for such candidates, without furthering the protection of the public.
The proposed amendment’s removal of the remedial education requirements would eliminate all the aforementioned issues, as well as the unnecessary barriers to dental hygiene licensure in this State. There are no significant alternatives to the proposed amendment and none were considered.
9. FEDERAL STANDARDS:
No Federal standards apply to the subject matter of this rule making. The Federal government does not regulate the examination requirements for candidates for dental hygiene licensure in New York State. Since there are no applicable federal standards, the proposed amendment does not exceed any minimum federal standards for the same or similar subject areas.
10. COMPLIANCE SCHEDULE:
If adopted at the February 2016 Regents meeting, the proposed amendment will become effective on March 9, 2016. It is anticipated that regulated parties will be able to comply with the proposed amendments by the effective date.
Regulatory Flexibility Analysis
Presently, for licensing purposes, section 61.7(b) of the Regulations of the Commissioner of Education states that, inter alia, the Department may accept satisfactory performance on the clinical examination administered by the Northeast Regional Board of Dental Examiners or another acceptable clinical testing agency for Part II of the licensing examination for dental hygiene candidates. However, on January 9, 2015, the Northeast Regional Board of Dental Examiners (NERB) changed its name to the Commission on Dental Competency Assessments (CDCA). The proposed amendment to paragraph (b) of section 61.7 of the Regulations of the Commissioner of Education will eliminate the need to amend this section in the future, should CDCA or another clinical testing agency change its name. Instead of specifically naming the acceptable testing agency, the proposed amendment states that the Department may accept satisfactory performance on a clinical examination administered by a clinical testing agency acceptable to the Department for Part II of the licensing examination.
The CDCA Examination in Dental Hygiene consists of two components – the Computer Simulated Clinical Examination (CSCE) and the Patient Treatment Clinical Examination (PTCE). Currently, under section 61.7(e) of the Regulations of the Commissioner of Education, a candidate who fails any component of Part II retains credit for components of that part passed for two subsequent examination administrations. However, before admission to a third administration of the Part II examination may be granted, the candidate must present evidence satisfactory to the Department of completion of remedial education subsequent to the second failure, in a school of dental hygiene registered by the Department, or accredited by an accrediting organization acceptable to the Department. Such remedial education must include completion of 20 clock hours of instruction in each subject failed in the Dental Hygiene Comprehensive component of Part II and completion of 40 clock hours of clinical instruction for failure in the clinical component of Part II. In addition, CDCA requires that candidates failing either the CSCE or the PTCE on three successive attempts must begin the entire examination process again and retake both of these examination components. However, due to changes in the examination, candidates who have failed a component of the Part II examination cannot satisfy the remedial education requirements of section 61.7(e) because they have no way of knowing what topic area or areas they failed. In addition, a remediation curriculum does not exist for either the CSCE or the PTCE. This situation has created undue hardship for some candidates for dental hygiene licensure.
Moreover, section 61.7(e) has adversely affected numerous candidates for New York State licensure, who have practiced dental hygiene out of state and are seeking to relocate to this State. There have been instances where out of state candidates who have failed the examination twice and then eventually passed it, and had been practicing dental hygiene in other states for years, have been required to take remedial education to satisfy the requirements of section 61.7(e) for an examination they passed years ago, in order to become licensed in this State. The remedial education requirement in these instances does not further the protection of the public and creates an unnecessary barrier to licensure for such out of state licensure candidates. This may adversely affect New Yorkers’ access to dental hygiene services.
Additionally, as stated above, section 61.7(e) currently requires completion of 40 clock hours of clinical instruction for failure in the clinical component of Part II. However, there is a lack of places to send such candidates for the required remedial education because dental hygiene schools cannot take on the liability of having a candidate perform clinical procedures on a patient if they are not enrolled in the school.
The proposed amendment’s removal of the remedial education requirements of section 61.7(e) would eliminate all of the aforementioned issues, as well as all the unnecessary barriers to dental hygiene licensure in this State.
The proposed amendment is applicable to candidates for dental hygienist licensure only. The proposed amendment will not affect small business or local governments in New York State. The measure will not impose any adverse economic impact, reporting, recordkeeping, or any other compliance requirements on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required, and one was not prepared.
Rural Area Flexibility Analysis
Presently, for licensing purposes, section 61.7(b) of the Regulations of the Commissioner of Education states that, inter alia, the Department may accept satisfactory performance on the clinical examination administered by the Northeast Regional Board of Dental Examiners or another acceptable clinical testing agency for Part II of the licensing examination for dental hygiene candidates. However, on January 9, 2015, the Northeast Regional Board of Dental Examiners (NERB) changed its name to the Commission on Dental Competency Assessments (CDCA). The proposed amendment to paragraph (b) of section 61.7 of the Regulations of the Commissioner of Education will eliminate the need to amend this section in the future, should CDCA or another clinical testing agency change its name. Instead of specifically naming the acceptable testing agency, the proposed amendment states that the Department may accept satisfactory performance on a clinical examination administered by a clinical testing agency acceptable to the Department for Part II of the licensing examination.
The CDCA Examination in Dental Hygiene consists of two components – the Computer Simulated Clinical Examination (CSCE) and the Patient Treatment Clinical Examination (PTCE). Currently, under section 61.7(e) of the Regulations of the Commissioner of Education, a candidate who fails any component of Part II retains credit for components of that part passed for two subsequent examination administrations. However, before admission to a third administration of the Part II examination may be granted, the candidate must present evidence satisfactory to the Department of completion of remedial education subsequent to the second failure, in a school of dental hygiene registered by the Department, or accredited by an accrediting organization acceptable to the Department. Such remedial education must include completion of 20 clock hours of instruction in each subject failed in the Dental Hygiene Comprehensive component of Part II and completion of 40 clock hours of clinical instruction for failure in the clinical component of Part II. In addition, CDCA requires that candidates failing either the CSCE or the PTCE on three successive attempts must begin the entire examination process again and retake both of these examination components. However, due to changes in the examination, candidates who have failed a component of the Part II examination cannot satisfy the remedial education requirements of section 61.7(e) because they have no way of knowing what topic area or areas they failed. In addition, a remediation curriculum does not exist for either the CSCE or the PTCE. This situation has created undue hardship for some candidates for dental hygiene licensure.
Moreover, section 61.7(e) has adversely affected numerous candidates for New York State licensure, who have practiced dental hygiene out of state and are seeking to relocate to this State. There have been instances where out of state candidates who have failed the examination twice and then eventually passed it, and had been practicing dental hygiene in other states for years, have been required to take remedial education to satisfy the requirements of section 61.7(e) for an examination they passed years ago, in order to become licensed in this State. The remedial education requirement in these instances does not further the protection of the public and creates an unnecessary barrier to licensure for such out of state licensure candidates. This may adversely affect New Yorkers’ access to dental hygiene services.
Additionally, as stated above, section 61.7(e) currently requires completion of 40 clock hours of clinical instruction for failure in the clinical component of Part II. However, there is a lack of places to send such candidates for the required remedial education because dental hygiene schools cannot take on the liability of having a candidate perform clinical procedures on a patient if they are not enrolled in the school.
The proposed amendment’s removal of the remedial education requirements of section 61.7(e) would eliminate all of the aforementioned issues, as well as all the unnecessary barriers to dental hygiene licensure in this State.
The proposed amendment is applicable only to candidates for licensure as dental hygienists in New York State and does not impact entities in rural areas of New York State. Accordingly, no further steps were needed to ascertain the impact of the proposed amendment on entities in rural areas and none were taken.
Job Impact Statement
Presently, for licensing purposes, section 61.7(b) of the Regulations of the Commissioner of Education states that, inter alia, the Department may accept satisfactory performance on the clinical examination administered by the Northeast Regional Board of Dental Examiners or another acceptable clinical testing agency for Part II of the licensing examination for dental hygiene candidates. However, on January 9, 2015, the Northeast Regional Board of Dental Examiners (NERB) changed its name to the Commission on Dental Competency Assessments (CDCA). The proposed amendment to paragraph (b) of section 61.7 of the Regulations of the Commissioner of Education will eliminate the need to amend this section in the future, should CDCA or another clinical testing agency change its name. Instead of specifically naming the acceptable testing agency, the proposed amendment states that the Department may accept satisfactory performance on a clinical examination administered by a clinical testing agency acceptable to the Department for Part II of the licensing examination.
The CDCA Examination in Dental Hygiene consists of two components – the Computer Simulated Clinical Examination (CSCE) and the Patient Treatment Clinical Examination (PTCE). Currently, under section 61.7(e) of the Regulations of the Commissioner of Education, a candidate who fails any component of Part II retains credit for components of that part passed for two subsequent examination administrations. However, before admission to a third administration of the Part II examination may be granted, the candidate must present evidence satisfactory to the Department of completion of remedial education subsequent to the second failure, in a school of dental hygiene registered by the Department, or accredited by an accrediting organization acceptable to the Department. Such remedial education must include completion of 20 clock hours of instruction in each subject failed in the Dental Hygiene Comprehensive component of Part II and completion of 40 clock hours of clinical instruction for failure in the clinical component of Part II. In addition, CDCA requires that candidates failing either the CSCE or the PTCE on three successive attempts must begin the entire examination process again and retake both of these examination components. However, due to changes in the examination, candidates who have failed a component of the Part II examination cannot satisfy the remedial education requirements of section 61.7(e) because they have no way of knowing what topic area or areas they failed. In addition, a remediation curriculum does not exist for either the CSCE or the PTCE. This situation has created undue hardship for some candidates for dental hygiene licensure.
Moreover, section 61.7(e) has adversely affected numerous candidates for New York State licensure, who have practiced dental hygiene out of state and are seeking to relocate to this State. There have been instances where out of state candidates who have failed the examination twice and then eventually passed it, and had been practicing dental hygiene in other states for years, have been required to take remedial education to satisfy the requirements of section 61.7(e) for an examination they passed years ago, in order to become licensed in this State. The remedial education requirement in these instances does not further the protection of the public and creates an unnecessary barrier to licensure for such out of state licensure candidates. This may adversely affect New Yorkers’ access to dental hygiene services.
Additionally, as stated above, section 61.7(e) currently requires completion of 40 clock hours of clinical instruction for failure in the clinical component of Part II. However, there is a lack of places to send such candidates for the required remedial education because dental hygiene schools cannot take on the liability of having a candidate perform clinical procedures on a patient if they are not enrolled in the school.
The proposed amendment’s removal of the remedial education requirements of section 61.7(e) would eliminate all of the aforementioned issues, as well as all the unnecessary barriers to dental hygiene licensure in this State.
Because it is evident from the nature of the proposed amendment that it will have no adverse impact on jobs or employment opportunities, or only a positive impact, no affirmative steps were needed to ascertain these facts and none were taken. Accordingly, a job impact statement is not required and one was not prepared.
