(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.