§ 6611 — Special provisions

§ 6611. Special provisions. 1. Except upon the written dental\nlaboratory prescription of a licensed dentist and except by the use of\nimpressions or casts made by a licensed dentist, no dental laboratory\nshall furnish, supply, construct, reproduce, place, adjust, or repair\nany dental prosthesis, device, or appliance. A dental laboratory\nprescription shall be made out in duplicate. It shall contain such data\nas may be prescribed by the commissioner's regulations. One copy shall\nbe retained by the practitioner of dentistry for a period of one year.\nThe other copy shall be issued to the person, firm or corporation\nengaged in filling dental laboratory prescriptions, who or which shall\neach retain and file in their respective offices or places of business\ntheir respective copies for a period of one year.\n 2. The department is empowered to inspect and to have access to all\nplaces, including the office or offices of a licensed dentist, where\ncopies of dental laboratory prescriptions issued by him are retained as\nrequired by this section, and to all places where dental laboratory\nprescriptions are filled or to any workroom or workrooms in which\nprosthetic restorations, prosthetic dentures, bridges, orthodontic or\nother appliances or structures to be used as substitutes for natural\nteeth or tissue or for the correction of malocclusion or deformities are\nmade, repaired or altered, with power to subpoena and examine records of\ndental laboratory prescriptions. A person who fails to grant access to\nsuch places or who fails to maintain prescriptions as required by this\nsection shall be guilty of a class A misdemeanor.\n 3. The department may arrange for the conduct of clinical examinations\nin the clinic of any school of dentistry or dental hygiene within or\noutside the state for dental or dental hygiene candidates.\n 4. A not-for-profit dental or medical expense indemnity corporation or\nhospital service corporation organized under the insurance law or\npursuant to special legislation may enter into contracts with dentists\nor partnerships of dentists to provide dental care on its behalf for\npersons insured under its contracts or policies.\n 5. Legally incorporated dental corporations existing and in operation\nprior to January first, nineteen hundred sixteen, may continue to\noperate through licensed dentists while conforming to the provisions of\nthis title. Any such corporation which shall be dissolved or cease to\nexist or operate for any reason whatsoever shall not be permitted to\nresume operations. No such corporation shall change its name or sell its\nfranchise or transfer its corporate rights directly or indirectly, by\ntransfer of capital stock control or otherwise, to any person or to\nanother corporation without permission from the department, and any\ncorporation so changing its name or so transferring its franchise or\ncorporate rights without such permission shall be deemed to have\nforfeited its rights to exist and may be dissolved by an action brought\nby the attorney general.\n 6. Notwithstanding any inconsistent provision of any general, special\nor local law, any licensed dentist who voluntarily and without the\nexpectation of monetary compensation renders first aid or emergency\ntreatment at the scene of an accident or other emergency, outside of a\nhospital or any other place having proper and necessary medical equip-\nment, to a person who is unconscious, ill or injured shall not be liable\nfor damages for injuries alleged to have been sustained by such person\nor for damages for the death of such person alleged to have occurred by\nreason of an act or omission in the rendering of such first aid or\nemergency treatment unless it is established that such injuries were or\nsuch death was caused by gross negligence on the part of such dentist.\nNothing in this subdivision shall be deemed or construed to relieve a\nlicensed dentist from liability for damages for injuries or death caused\nby an act or omission on the part of a dentist while rendering\nprofessional services in the normal and ordinary course of practice.\n 7. Any dentist or dental hygienist, who in the performance of dental\nservices, x-rays the mouth or teeth of a patient shall during the\nperformance of such x-rays shield the torso and thyroid area of such\npatient including but not limited to the gonads and other reproductive\norgans with a lead apron thyroid collar, or other similar protective\ngarment or device. Notwithstanding the provisions of this subdivision,\nif in the dentist's professional judgment the use of a thyroid collar\nwould be inappropriate under the circumstances, because of the nature of\nthe patient, the type of x-ray being taken, or other factors, the\ndentist or dental hygienist need not shield the thyroid area.\n 8. An unlicensed person may provide supportive services to a dentist\nincidental to and concurrent with such dentist personally performing a\nservice or procedure. Nothing in this subdivision shall be construed to\nallow an unlicensed person to provide any service which constitutes the\npractice of dentistry or dental hygiene as defined in this article.\n 9. There shall be no monetary liability on the part of, and no cause\nof action for damages shall arise against, any person, partnership,\ncorporation, firm, society, or other entity on account of the\ncommunication of information in the possession of such person or entity,\nor on account of any recommendation or evaluation, regarding the\nqualifications, fitness, or professional conduct or practices of a\ndentist, to any governmental agency, dental or specialists society, or\nhospital as defined in article twenty-eight of the public health law.\nThe foregoing shall not apply to information which is untrue and\ncommunicated with malicious intent.\n 10. Each dentist and registered dental hygienist working for a\nhospital as defined in article twenty-eight of the public health law who\npractices in collaboration with a licensed dentist shall become\ncertified in cardiopulmonary resuscitation (CPR) from an approved\nprovider and thereafter maintain current certification, which shall be\nincluded in the mandatory hours of continuing education acceptable for\ndentists to the extent provided in the commissioner's regulations. In\nthe event the dentist or registered dental hygienist cannot physically\nperform CPR, the commissioner's regulations shall allow the dentist or\nregistered dental hygienist to make arrangements for another individual\nin the office to administer CPR. All dental facilities shall have an\nautomatic external defibrillator or other defibrillator at the facility.\n