New York State Dental Foundation
Licensure and Regulation
New York State Dental Foundation Public Advocacy Coordinator, NYS Dental Foundation
http://nysdflearning.org/
 


Before beginning the course with Step One, please read all of the objectives and instructions found on this page.




Begin this 2 MCE Credit course by reading the article presented below. After reading the article, you will be presented with a quiz to assess your understanding of the article's material but also the Office of Profession's web site at http://www.op.nysed.gov/. Each of these questions will be related to the content discussed. Please note that upon completing the quiz with a passing score of at least 65%, your score will be automatically recorded and you will be issued a continuing education certificate for 2 MCE credits within three-days of completion. Should you have any questions, please contact the NYS Dental Foundation at (800) 255-2100, ext. 282. Thank you for choosing the New York State Dental Foundation for your continuing education.

Disclaimer: The opinions and statements expressed as part of this course do not represent the views of the New York State Education Department or any of its subdivisions and are solely the views of the author in his capacity as a private individual. For official answers to any questions concerning this course, please contact the New York State Education Department directly.




Read the article below. When you complete the course, please continue to Step 2.

Licensure and Regulation
By Milton Lawney, DDS


Licensure, as defined in Webster’s Dictionary, is “formal permission from a constituted authority to do something as to carry on some business.” Until the early 1900’s, dental education was not standardized. There were practitioners (dentists) delivering patient care without formal training or education. The process of licensing dentists was developed by the states to protect the public from those practitioners. Licensure is not a right; rather, it is a privilege granted to the practitioner by the state. In order to receive this privilege, a practitioner (dentist) must abide by the laws and regulations promulgated by the state regarding his/her licensed profession.

The American Dental Association (ADA) recognizes and supports the state’s right to regulate dental licensure. The ADA has adopted policies on licensure issues; however the legal authority for dental licensure and regulation resides with the states.

New York State has a unique system of professional regulation administered through the State Education Department (SED). Laws that are passed by the NYS Legislature and signed into law by the governor pertaining to the professional regulation of dentistry are mostly administered through SED. SED, under the direction of the Regents, a lay body, administers professional regulation through its Office of the Professions (www.op.nysed.gov), assisted by the State Board for Dentistry.

Licensing, registration, and related fees are the sole means of support for professional regulation in NYS. Through these fees, the Office of the Professions supports comprehensive service to the public and the professions. Currently, the Office of the Professions (OP) regulates 48 professions defined in Title VIII of the Education Law.

The New York Dental Association (NYSDA) plays a major role in representing the views of the dental profession to the Legislature and SED. While the State has ultimate authority over the practice of dentistry, it does not administer this authority in a vacuum. The State seeks the input of the public, of practitioners and of associations representing both the public and professions when promulgating and implementing laws that impact dentistry.

This course will be based on your ability to navigate, and answer questions based upon, the Office of Professions Web site. Before beginning, an understanding of two terms will be required: regulation and registration.

Laws (statutes) are executed through the development of regulations, and Regent’s Rules, from the Education Department. Regulations are usually more prescriptive than the law and they are usually promulgated by the department responsible for the law. Regulations cannot vary from the legislative intent of the law; they exist to make it current and workable. Regulations are law. Regulations may be updated without going back to the Legislature. In the Education Department, there is a specific process for the promulgation of regulations. They are published for review by the public, comment is received, and the Regents vote upon the regulations. Once passed by the Regents, they become law.

New York is unique in that once a dentist is licensed by the State of New York he/she is always licensed unless the Regents remove the license for cause or the practitioner surrenders his/her license. However, in order to practice dentistry, the licensed dentist must be currently registered by SED. Title VIII of the Education Law defines the practice of dentistry. An unregistered dentist may not practice his/her profession as defined by Title VIII, including the writing of prescriptions.

A thorough understanding of current laws and regulations is a vital component of risk management and protecting oneself from professional discipline actions by the Education Department. The questions for the exam are based upon your ability to access and interpret information provided to you regarding your profession by the State Education Department.




Click here to complete the short quiz corresponding to the above article and the Office of Professions web site. You will need to complete this quiz in order for your continuing education certificate to be issued.



E-mail the instructor with any questions you may have regarding this course.



The New York State Dental Foundation is an ADA-CERP approved provider of continuing education.
Last updated  2012/04/04 14:13:58 PDTHits  967