N.Y. Comp. Codes R. & Regs. tit. 8 § 61.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 61.15 - Continuing education for dentists

(a) As used in this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, such as an agency recognized for this purpose by the United States Department of Education.

(b) Applicability of requirement.

(1) Each licensed dentist, required under article 130 of the Education Law to register with the department to practice in New York State, shall comply with the mandatory continuing education requirements as prescribed in subdivision (c) of this section, except those licensees exempt from the requirement or who obtain an adjustment to the requirement pursuant to paragraph (2) of this subdivision.

(2) Exemptions and adjustments to the requirement.

(i) Exemptions. The following licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (c) of this section:

(a) licensees for the triennial registration period during which they are first licensed to practice dentistry in New York State, exclusive of those first licensed to practice dentistry in New York State pursuant to an endorsement of a license of another jurisdiction; and

(b) licensees who are not engaged in the practice of dentistry, as evidenced by not being registered to practice in New York State, except as otherwise provided in paragraph (c)(2) of this section to meet the education requirements for the resumption of practice after a lapse in practice for a licensee who has not lawfully practiced continuously in another jurisdiction throughout such lapse period.

(ii) Adjustments to the requirement. An adjustment to the continuing education requirement, as prescribed in subdivision (c) of this section, shall be made by the department, provided that the licensee documents good cause that prevents compliance, which shall include, but not be limited to, any of the following reasons: poor health certified by a physician; or a specific physical or mental disability certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United States; or extreme hardship which in the judgment of the department make it impossible for the licensee to comply with the continuing education requirements in a timely manner.

(c) Mandatory continuing education requirement.

(1) Basic requirements.

(i) During each triennial registration period, meaning a registration period of three years' duration, which ends prior to July 1, 2008, an applicant for registration shall complete at least 45 hours of formal continuing education acceptable to the department, as defined in paragraph (4) of this subdivision, provided that no more than 15 hours of such continuing education shall consist of self-study courses.

(ii) Any licensed dentist whose registration period begins prior to July 1, 2008 and continues after July 1, 2008, shall complete continuing education hours on a prorated basis at the rate of one and one-quarter hours of acceptable formal continuing education per month for each month from the beginning of that registration period through June 30, 2008 and at the rate of one and two-thirds hours of acceptable formal continuing education per month for each month of that registration period from July 1, 2008 through the end of that registration period.

(iii) During each triennial registration period, meaning a registration period of three years' duration, beginning on or after July 1, 2008, an applicant for registration shall complete at least 60 hours of formal continuing education acceptable to the department, as defined in paragraph (4) of this subdivision, provided that no more than 18 hours of such continuing education shall consist of self-study courses.

(iv) Beginning with the first registration period for a licensed dentist that occurs on or after January 1, 2002 in which completion of acceptable formal continuing education is required, and before the occurrence of the succeeding registration renewal period following that date, a licensed dentist shall be required to have completed on a one-time basis, as part of the formal continuing education required in this paragraph, no fewer than two hours of formal continuing education acceptable to the department, as defined in paragraph (4) of this subdivision, regarding the chemical and related effects and usage of tobacco and tobacco products and the recognition, diagnosis, and treatment of the oral health effects, including but not limited to cancers and other diseases, caused by tobacco and tobacco products. A licensee returning to the practice of dentistry after a lapse in practice, as prescribed in paragraph (2) of this subdivision, shall be subject to the requirements of this subparagraph and shall complete such formal continuing education in the registration period prescribed in this subparagraph. A licensed dentist shall be deemed to have met the requirements of this subparagraph if the licensee provides to the department satisfactory documentation that the licensee has completed on or after January 1, 1997 and prior to the registration period prescribed in this subparagraph in which such formal continuing education is required to be completed, formal continuing education acceptable to the department, as defined in paragraph (4) of this subdivision, of not less than two hours in the same or substantially similar subject matter as that prescribed in this subparagraph.

(v) 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) As used in this section, jurisprudence shall mean the application of the principles of law and justice as they relate to the practice of dentistry. A dental mandatory continuing education course in jurisprudence shall be based upon the laws of New York State.

(b) As used in this section, ethics shall mean the principles of conduct relating to dental practice. A dental mandatory continuing education course in ethics shall be based upon ethical principles, such as those of the New York State Dental Association as established pursuant to section 5 of chapter 987 of the Laws of 1971, or of another dental association approved by the department, or the substantial equivalent thereof, as determined by the department.

(c) Standards for approval of coursework or training. Coursework or training shall include, but need not be limited to, the core elements specified in a syllabus prepared and provided by either a non-profit dental education entity, which has been incorporated or chartered by the New York State Board of Regents for the purpose of providing dental education, or by the New York State Dental Association, which syllabus has been approved by the department. Such non-profit entity shall have knowledge and expertise in New York State Dental Association ethics or the substantial equivalent, as determined by the department.

(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) Requirement for lapse in practice. A licensee returning to the practice of dentistry after a lapse in practice, as evidenced by not being registered to practice in New York State shall submit an application for renewal of registration on a form prescribed by the commissioner and evidence of acceptable continuing education as defined in paragraph (4) of this subdivision and in accordance with subparagraph (i) or (ii) of this paragraph as applicable:

(i) such licensee who has been lawfully practicing in another jurisdiction and submits such application, shall submit satisfactory evidence of three years of acceptable continuing education completed within the three years immediately preceding the submission of such application. Such continuing education shall be completed at a rate of one and one-quarter hours for each month of such three year period prior to July 1, 2008 and one and two-thirds hours for each month on or after July 1, 2008; or

(ii) such licensee who has not been practicing in another jurisdiction and submits such application, shall submit satisfactory evidence of three years of acceptable continuing education completed within the 12 months immediately preceding the submission of such application. Such continuing education shall be completed at a rate of one and one-quarter hours for each month of such three year period prior to July 1, 2008 and one and two-thirds hours for each month on or after July 1, 2008.

(3) Proration. If a registration period is less than three years in duration, a licensed dentist shall complete acceptable formal continuing education at the rate of one and one-quarter hours of continuing education per month for any part of such registration period on or before June 30, 2008 and at the rate of one and two-thirds hours of continuing education per month for any part of such registration period from July 1, 2008 through the end of such registration period.

(4) To be acceptable to the department, formal continuing education shall be formal courses of learning which contribute to professional practice in dentistry:

(i) in any one or more of the following curricular areas: basic and clinical dental sciences; or behavioral science; or pharmacology of new and developing drugs; or drug interactions; or public health issues; or infection control; or sterile procedures; or legal and regulatory issues; or patient counseling; or other topics which contribute to the professional practice in dentistry as such practice is defined in section 6601 of the Education Law; or other matters of health care, law, and ethics which contribute to the health and welfare of the public; and

(ii) obtained from a sponsor approved by the department pursuant to subdivision (h) of this section, provided that for courses taken on or after January 1, 2000, a sponsor that is deemed approved pursuant to paragraph (h)(2) of this section shall have at least one full-time employee of any kind, meaning an employee who works at least 30 hours per week, which fact shall be verified by the licensee prior to taking the course and attested to in his or her records as prescribed in subdivision (f) of this section.

(d) Renewal of registration. At each reregistration, licensed dentists shall certify to the department that they have either complied with the continuing education requirements, as prescribed in subdivision (c) of this section; or are subject to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (b) of this section.

(e) Conditional registration.

(1) The department shall issue a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements of this section, provided that such licensee meets the following requirements:

(i) the licensee agrees to remedy such deficiency within the conditional registration period;

(ii) the licensee agrees to complete the continuing education requirement for any months of the conditional registration period prior to July 1, 2008 at the rate of one and one-quarter hours of acceptable formal continuing education per month and at the rate of one and two-thirds hours per month for the period beginning July 1, 2008 through the end of such conditional registration period; and

(iii) the licensee agrees to complete additional continuing education during such conditional registration period, which the department may require to ensure the licensee's proper delivery of dental care consistent with the licensee's practice of dentistry.

(2) The duration of such conditional registration shall not exceed one year and shall not be renewed or extended.

(f) Licensee records. Each licensee subject to this section shall maintain, or ensure access by the department to, a record of completed continuing education, which includes: the title of the program; the number of hours completed; the sponsor's name and any identifying number; attendance verification; the date and location of the program; and a statement attesting to the fact that for courses taken on or after January 1, 2000 from a sponsor that is deemed approved pursuant to paragraph (h)(2) of this section, the licensee, prior to taking the course, has verified that the sponsor has at least one full-time employee of any kind, meaning an employee who works at least 30 hours per week, and indicating the reasonable basis for this determination. Such records shall be retained for at least six years from the date of completion of the program and shall be available for review by the department in the administration of the requirements of this section.

(g) Measurement of continuing education study. Continuing education credit shall be granted only for formal programs of learning that meet the requirements set forth in subdivision (c) of this section. A minimum of 50 minutes of study shall equal one hour of continuing education credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 hours of continuing education credit, and each quarter-hour of credit shall equal 10 hours of continuing education credit.

(h) Sponsor approval.

(1) To be approved by the department, sponsors of continuing education to licensed dentists shall meet the requirements of either paragraph (2) or (3) of this subdivision.

(2) The department shall deem approved as a sponsor of continuing education to licensed dentists:

(i) a sponsor of continuing education that is approved by the American Dental Association Continuing Education Recognition Program, or the Dental Society of the State of New York, or an equivalent organization determined by the State Board for Dentistry to have equivalent standards for approving sponsors of continuing education for professionals regulated by title VIII of the Education Law, including a standard that is equivalent to the standard prescribed in clause (3)(ii)(f) of this subdivision, provided that such sponsor shall also meet the requirements of clause (3)(ii)(g) of this subdivision as verified by the licensee in accordance with the requirements of subparagraph (c)(4)(ii) of this section; or

(ii) a postsecondary institution for courses in programs that are registered pursuant to Part 52 of this Title or in equivalent programs that are accredited by an acceptable accrediting agency, which registration standards include a standard that is equivalent to the standard prescribed in clause (3)(ii)(f) of this subdivision, provided that such sponsor shall also meet the requirements of clause (3)(ii)(g) of this subdivision as verified by the licensee in accordance with the requirements of subparagraph (c)(4)(ii) of this section.

(3) Department review of sponsors.

(i) The department shall conduct a review of sponsors that apply for approval to offer continuing education to licensed dentists and that are not deemed approved pursuant to the requirements of paragraph (2) of this subdivision.

(ii) Organizations desiring to offer continuing education based upon a department review under this paragraph shall submit, with the fee as set forth in subdivision (i) of this section, an application for advance approval as a sponsor at least 90 days prior to the date for the commencement of such continuing education that documents that the organization:

(a) will offer courses of study in any one or more of the following curricular areas: basic and clinical dental sciences; or behavioral science; or pharmacology of new and developing drugs; or drug interactions; or public health issues; or infection control; or sterile procedures; or legal and regulatory issues; or patient counseling; or other topics which contribute to the professional practice of dentistry as such practice is defined in section 6601 of the Education Law; or other matters of health care, law, and ethics which contribute to the health and welfare of the public;

(b) is an organized educational entity, including but not limited to, a college of dentistry accredited by an acceptable accrediting agency; or a national, State, or local dental association; or a hospital or health maintenance organization;

(c) provides course instructors who are qualified to teach the courses which will be offered, including but not limited to, faculty of a college of dentistry accredited by an acceptable accrediting agency; or instructors who are authorities in the health sciences specially qualified, in the opinion of the State Board for Dentistry, to conduct such courses;

(d) has a method of assessing the learning of participants, and describes such method;

(e) will maintain records for at least six years from the date of completion of course- work, which shall include, but shall not be limited to, the name and curriculum vitae of the faculty, a record of attendance of licensed dentists in such coursework, an outline of the course of instruction, date and location of the coursework, and the number of hours for completion of the coursework. In the event an approved sponsor discontinues operation, the governing body of such sponsor shall notify the department and shall transfer all records as directed by the department;

(f) for an organization initially approved or reapproved by the department as a sponsor on or after September 3, 1999, has the facilities, equipment and financial and physical resources to provide continuing education courses, meaning facilities shall be appropriate to accomplish the educational method being used and the stated educational objectives, equipment shall be adequate and in such condition that instruction can proceed effectively, and financial and physical resources shall be sufficient to fund and support the services necessary to manage the continuing education programs; and

(g) for an organization initially approved or reapproved by the department as a sponsor on or after September 3, 1999, has at least one full-time employee of any kind, meaning an employee who works at least 30 hours per week.

(iii) Sponsors that are approved by the department pursuant to the requirements of this paragraph shall be approved for a three-year term.

(iv) The department may conduct site visits of or request information from a sponsor approved pursuant to the requirements of this paragraph to ensure compliance with such requirements, and a sponsor shall cooperate with the department in permitting such site visits and in providing such information.

(v) A determination by the department that a sponsor approved pursuant to the requirements of this paragraph is not meeting the standards set forth in this paragraph shall result in the denial or termination of the approved status of the sponsor.

(i) Fees.

(1) At the beginning of each registration period, a mandatory continuing education fee of $45 shall be collected from licensees engaged in the practice of dentistry in New York State, except for those exempt from the requirement pursuant to subparagraph (b)(2)(i) of this section. This fee shall be in addition to the registration fee required by section 6604 of the Education Law.

(2) Licensees applying for a conditional registration, pursuant to the requirements of subdivision (e) of this section, shall pay a fee that is the same as and in addition to, the fee for the triennial registration required by section 6604 of the Education Law. In addition, such licensees shall pay the $45 mandatory continuing education fee.

(3) Organizations desiring to offer continuing education to licensed dentists based upon a department review, pursuant to paragraph (h)(3) of this section, shall submit an application fee of $900 with its application for the issuance of a permit from the department to become an approved sponsor of a formal continuing education program. Application for a three-year renewal of the permit shall be accompanied by a fee of $900.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 61.15