Current through Register Vol. 46, No. 12, March 20, 2024
(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 dental hygienist 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 dental hygiene in New
York State, exclusive of those first licensed to practice dental hygiene in New
York State pursuant to an endorsement of a license of another
jurisdiction;
(b) licensees whose
first registration date following January 1, 1997 occurs prior to January 1,
1998, for periods prior to such registration date; and
(c) licensees who are not engaged in the
practice of dental hygiene, 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 makes it impossible for the licensee to comply with the continuing
education requirements in a timely manner.
(c) Mandatory continuing education
requirement.
(1) During each triennial
registration period, meaning a registration period of three years' duration, an
applicant for registration shall complete at least 24 hours of formal
continuing education acceptable to the department, as defined in paragraph (4)
of this subdivision, provided that no more than 10 hours of such continuing
education shall consist of self-instructional coursework. Any licensed dental
hygienist whose first registration date following January 1, 1997 occurs less
than three years from that date, but on or after January 1, 1998, 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 up to a
maximum of 24 hours for the period beginning January 1, 1997 up to the first
registration date thereafter. Such continuing education shall be completed
during the period beginning January 1, 1997 and ending before the first day of
the new registration period or at the option of the licensee during any time in
the previous registration period.
(2) Requirement for lapse in practice.
(i) A licensee returning to the practice of
dental hygiene after a lapse in practice, as evidenced by not being registered
to practice in New York State, whose first registration date after such lapse
in practice and following January 1, 1997 occurs less than three years from
January 1, 1997, but on or after January 1, 1998, shall be required to
complete:
(a) one and one-quarter hours of
acceptable formal continuing education for each month beginning with January 1,
1997 until the beginning of the new registration period, up to a maximum of 24
hours, which shall be completed for a licensee who has not lawfully practiced
dental hygiene continuously in another jurisdiction throughout such lapse
period, in the 12-month period before the beginning of the new registration
period; and for a licensee who has lawfully practiced dental hygiene
continuously in another jurisdiction throughout such lapse period, in the new
registration period or at the option of the licensee in the period beginning 36
months before the commencement of the new registration period and ending at the
conclusion of the new registration period; and
(b) for a licensee who has not lawfully
practiced dental hygiene continuously in another jurisdiction throughout such
lapse period, at least eight hours of acceptable formal continuing education in
each successive 12-month period of the new registration period; and for a
licensee who has lawfully practiced dental hygiene continuously in another
jurisdiction throughout such lapse period, acceptable formal continuing
education at the rate of two-thirds of an hour per month during the new
registration period.
(ii) Except as prescribed in subparagraph (i)
of this paragraph for registrations therein specified, the licensee who returns
to the practice of dental hygiene after a lapse in practice in which the
licensee was not registered to practice in New York State and did not lawfully
practice dental hygiene continuously in another jurisdiction throughout the
lapse period, shall be required to complete:
(a) the continuing education requirement
applicable to the period of time the licensee was registered in the licensee's
last registration period;
(b) at
least two-thirds of an hour of acceptable formal continuing education for each
month of lapsed registration up to a maximum of 24 hours, which shall be
completed in the 12 months before the beginning of the new registration period;
and
(c) at least eight hours of
acceptable formal continuing education in each succeeding 12-month period,
after such registration is reissued, until the next registration
date.
(iii) Except as
prescribed in subparagraph (i) of this paragraph for registrations therein
specified, the licensee who returns to the practice of dental hygiene after a
lapse in practice in which the licensee was not registered to practice in New
York State but did lawfully practice dental hygiene continuously in another
jurisdiction throughout the lapse period, shall be required to complete:
(a) the continuing education requirement
applicable to the period of time the licensee was registered in the licensee's
last registration period;
(b) at
least two-thirds of an hour of acceptable formal continuing education for each
month of lapsed registration up to a maximum of 24 hours, which shall be
completed in the new registration period, or at the option of the licensee in
the period beginning 36 months before the commencement of the new registration
period and ending at the conclusion of the new registration period;
and
(c) completion of the regular
continuing education requirement at the rate of two- thirds of an hour of
acceptable formal continuing education per month during the new registration
period.
(3)
Proration. Except as otherwise provided in this section, if a registration
period is less than three years in duration, a licensed dental hygienist shall
complete acceptable formal continuing education at the rate of two-thirds of an
hour of continuing education per month for 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 dental hygiene:
(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 child abuse reporting instruction; or infection control; or
sterile procedures; or legal and regulatory issues; or patient counseling; or
other topics which contribute to the professional practice in dental hygiene as
such practice is defined in section
6606 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.
(d)
Renewal of registration. At each reregistration, licensed dental hygienists
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
regular continuing education requirement at the rate of two-thirds of an hour
per month during 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 hygiene care consistent with the licensee's practice of dental
hygiene.
(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, and the date and location of the program. 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 dental hygienists 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 dental hygienists:
(i) a sponsor of continuing education that is
approved by the American Academy of Dental Hygiene, Inc., or 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; 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.
(3) Department review of sponsors.
(i) The department shall conduct a review of
sponsors that apply for approval to offer continuing education to licensed
dental hygienists 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 child abuse reporting
instruction, or infection control; or sterile procedures; or legal and
regulatory issues; or patient counseling; or other topics which contribute to
the professional practice of dental hygiene as such practice is defined in
section
6606 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 accredited by an
acceptable agency offering dental hygiene or dentistry professional programs;
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 accredited by an
acceptable accrediting agency which offers dental hygiene or dentistry
professional programs; 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;
and
(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 dental hygienists 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.
(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 $30 shall be collected from
licensees engaged in the practice of dental hygiene 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
6609 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
6609 of the Education Law. In addition,
such licensees shall pay the $30 mandatory continuing education fee.
(3) organizations desiring to offer
continuing education to licensed dental hygienists 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.