Specific reasons underlying the finding of necessity:
The purpose of the proposed amendment is to timely implement Chapter 436 of the Laws of 2009, which takes effect on January 1, 2010. Existing regulations require all dentists to complete on a one-time basis, as part of the mandatory hours of acceptable formal continuing education, no fewer than three hours in a course approved by the department in dental jurisprudence and ethics. The proposed amendment authorizes a postgraduate student enrolled in an approved dental residency program to satisfy this requirement by taking an approved dental jurisprudence and ethics course during the period of their dental residency to implement the provisions of Chapter 436 of the Laws of 2009.
With regard to the registration of dental residents, Chapter 436 of the Laws of 2009 eliminates the need for a student in an approved dental residency program to obtain a limited permit in order to practice dentistry in connection with the residency program. Rather, the law requires dental residents to register with the department within 60 days from their entry into an approved residency program and to pay a residency registration fee established by the department, not to exceed the limited permit fee. The proposed amendment implements these changes.
The proposed amendment was adopted as an emergency rule at the January 2010 Regents meeting of the Board of Regents, effective January 27, 2010. A Notice of Proposed Rule Making was published in the State Register on January 6, 2010. It is anticipated that the proposed amendment will be adopted as a permanent rule at the April 2010 Regents meeting. Pursuant to the State Administrative Procedure Act, the earliest the adopted rule can become effective is after its publication in the State Register on May 12, 2010. However, the emergency rule which took effect on July 26, 2009 will expire on April 27, 2010.
Therefore, a second emergency action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the January 2010 Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule to avoid disruption of the implementation of Chapter 436 of the Laws of 2009.
Subject:
Continuing education and limited permits for dentists.
Purpose:
To implement the provisions of Chapter 436 of the Laws of 2009.
Text of emergency rule:
1. Subparagraph (v) of paragraph (1) of subdivision (c) of section 61.15 of the Regulations of the Commissioner of Education is amended, effective April 23, 2010, as follows:
(v) [During] No later than the end of 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) . . .
(b) . . .
(c) . . .
(d) A postgraduate dental student enrolled in a New York state dental residency program in accordance with section 61.18 of this Part may satisfy the requirements of this subparagraph by taking an approved dental jurisprudence and ethics course during the period of his or her dental residency prior to initial licensure.
2. Section 61.18 of the Regulations of the Commissioner of Education is amended, effective April 23, 2010, by the addition of a new subdivision (d) to read as follows:
(d) In accordance with subdivision (5) of section 6605 of the Education Law, not later than 60 days after entry into an acceptable residency program, and annually thereafter for the duration of such residency program, the dental resident shall register on a form acceptable to the department and pay to the department a residency registration fee in the amount prescribed for limited permit fees in subdivision (4) of section 6605 of the Education Law.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. EDU-01-10-00009-E, Issue of January 6, 2010. The emergency rule will expire June 21, 2010.
Text of rule and any required statements and analyses may be obtained from:
Christine Moore, New York State Education Department, 89 Washington Avenue, Albany, New York 12234, Albany, New York 12234, (518) 473-8296, email: cmoore@mail.nysed.gov
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rule-making 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 provides that admission to the professions shall be supervised by the Board of Regents, and administered by the Education Department, assisted by a state board for each profession.
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 practice of the professions.
Subdivision (6) of section 6604-a of the Education Law requires that each licensed dentist complete a course in dental ethics and jurisprudence on a one-time basis, no later than the end of the first registration period in which continuing education is required, and provides that postgraduate dental students may take this course during the period of their dental residency prior to licensure.
Subdivision (5) of section 6605 of the Education Law provides that dental school graduates who meet the education requirement for licensure and who are employed in approved residency programs shall be deemed exempt from licensure and shall not be required to obtain a limited permit to practice dentistry, but shall be required to register on a form acceptable to the Commissioner and pay a fee not to exceed the fee specified in statute for a limited permit.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment implements the aforementioned statutes by permitting a postgraduate dental student enrolled in an approved residency program to take the mandatory course in dental jurisprudence and ethics during their residency program, prior to licensure. The proposed amendment also requires dental residents to register with the Department no later than 60 days after entry into an approved residency program and pay a fee in the amount currently required for a limited permit.
3. NEEDS AND BENEFITS:
Existing regulations governing the ethics and jurisprudence component of mandatory continuing education for licensed dentists requires that this course be taken during the first registration period in which completion of formal education is required, which occurs after a dentist is licensed. The proposed amendment implements section 6604-a, as amended by Chapter 436 of the Laws of 2009, by permitting a postgraduate dental student enrolled in an approved residency program to take the dental jurisprudence and ethics course during their residency program, prior to licensure.
Existing regulations that describe the residency requirement for dental licensure make no provision for the registration of residents, or the payment of a residency fee. The proposed regulation implements section 6605(5) of the Education Law, as amended by Chapter 436 of the Laws of 2009, by requiring dental residents in an approved residency program to register with the Department and pay a registration fee equal to the amount now charged for a limited permit.
4. COSTS:
(a) Cost to State government: None.
(b) Cost to local government: None.
(c) Cost to private regulated parties: As authorized by Chapter 436 of the Laws of 2009, the proposed amendment establishes a dental residency registration fee equal to the limited permit fee (currently $105). Because dental residents will not longer have to pay the limited permit fee, they will not be required to pay any more than they currently pay.
(d) Costs to the regulatory agency: As stated in "Costs to State Government," the proposed amendment does not impose additional costs on the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any program, service, duty, or responsibility upon local governments.
6. PAPERWORK:
The proposed amendment conforms the Commissioner's Regulations to recently amended statutes and does not impose any additional paperwork requirements.
7. DUPLICATION:
The amendment does not duplicate other existing State or Federal requirements.
8. ALTERNATIVES:
There are no viable alternatives to the proposed amendment, and none were considered.
9. FEDERAL STANDARDS:
There are no Federal standards regarding continuing education requirements for licensed dentists or the registration of dental residents.
10. COMPLIANCE SCHEDULE:
The proposed amendment must be complied with on its stated effective date. No additional period of time is necessary to enable regulated parties to comply.
Regulatory Flexibility Analysis
The proposed amendment relates to the ethics and jurisprudence component of the mandatory continuing education required of licensed dentists, and the registration of dental residents. The purpose of the proposed amendments is to conform regulations of the Commissioner of Education to statutory changes made by Chapter 436 of the Laws of 2009, which authorizes the ethics and jurisprudence component of mandatory continuing education requirements for dentists to be taken by a dental school graduate during an approved dental residency program, and requires dental residents to register with the Department and pay a residency registration fee.
Because it is evident from the nature of the proposed amendment that it will have no affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to all licensed dentists and dental residents who live in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment does not impose reporting, recordkeeping or other compliance requirements that are not mandated by statute. Professional services will not be needed in rural areas to comply with the proposed amendments.
3. COSTS:
As authorized by Chapter 436 of the Laws of 2009, the proposed amendment establishes an annual dental residency registration fee equal to the limited permit fee (currently $105). Because dental residents will not longer have to pay the limited permit fee, they will not be required to pay any more than they currently pay.
4. MINIMIZING ADVERSE IMPACT:
In order to implement statutory requirements, the proposed amendment makes changes to the Commissioner's Regulations regarding the ethics and jurisprudence component of the mandatory continuing education requirement for dentists, and the registration of dental residents. The proposed amendment does not impose any additional compliance requirements, local government mandates or costs on licensed dentists or dental residents in rural areas, other than the cost referenced above.
5. RURAL AREA PARTICIPATION:
The State Education Department solicited comments on the proposed amendments from the New York State Dental Association and the State Board for Dentistry, which includes members who live and work in all areas of New York State, including rural areas of the State.
Job Impact Statement
The proposed amendments relate to the ethics and jurisprudence component of the continuing education required of licensed dentists, and the registration of dental residents. The purpose of the proposed amendments is to conform regulations of the Commissioner of Education to statutory changes made by Chapter 436 of the Laws of 2009, which authorizes the ethics and jurisprudence component of mandatory continuing education requirements for dentists to be taken by a dental school graduate during an approved dental residency program, and requires the dental residents to register with the Department and pay a residency registration fee.
Because it is evident from the nature of the proposed amendments that they will have no impact on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one was not prepared.
