(a) For endorsement of a dental license issued by another jurisdiction of the United States or a Canadian province the applicant shall submit satisfactory evidence of:

(1) having met all requirements of section 59.6 of this Subchapter; and

(2) lawful and reputable practice in dentistry or not less than eight months during the two years next preceding the filing of the application.

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rulemaking authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.

Subdivision (6) of section 6506 of the Education Law authorizes the Board of Regents to supervise the endorsement of a license issued by a licensing board of another state or country.

Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.

Subdivision (3) of section 6604 of the Education Law defines the requirements for a license as a dentist and authorizes the Commissioner of Education to promulgate regulations defining the experience for licensure that are consistent with the training and qualifications for a license as a dentist.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the legislative intent of the aforementioned statutes that the Board of Regents and the Department regulate the admission to and practice of the professions, which includes establishing the endorsement requirements for licensure as a dentist.

Currently, dentists who are licensed by another jurisdiction of the United States can become licensed as dentists in New York State by endorsement of their license from another state if they meet certain requirements. These requirements include, but are not limited to: (1) submitting an application to the Department; (2) meeting the education, examination and experience requirements for licensure as a dentist in New York State; (3) be at least 21 years of age; (4) be of good moral character as determined by the Department; (5) be a United States citizen or an alien lawfully admitted for permanent residence in the United States; (6) complete coursework or training in the identification and reporting of child abuse offered by a New York State provider; and (7) lawful and reputable practice in dentistry of not less than eight months during the two years next preceding the filing of the application.

The proposed amendment to section 61.4 of the Regulations of the Commissioner of Education would permit dentists with licenses issued by a Canadian province to become licensed dentists in New York State by endorsement of their Canadian license, if they meet all the other licensure by endorsement requirements.

The Commission on Dental Accreditation (CODA) is nationally recognized by the United States Department of Education as the sole agency in the United States to accredit dental schools and program, including advanced dental education programs and allied dental education programs¹ at the post-secondary level. CODA's mission is to serve the oral health care needs of the public through the development and administration of standards that foster continuous quality improvement of dental and dental related educational programs. CODA accredits more than 1,400 dental educational programs.

By reciprocal agreement, programs that are accredited by the Commission on Dental Accreditation of Canada (CDAC) are recognized by CODA. Thus, graduates of the 10 accredited Canadian dental programs are held to the same standards of in-depth training and quality assurance as graduates of the 66 United States dental schools, which will assist in ensuring that public protection will be maintained as access to dental services is improved in New York State by permitting licensure as a dentist by endorsement of Canadian dentist licenses.

New York State is one of 13 states which share a border (land and/or water) with Canada and three of Canada’s 10 dental schools are three hours or less away from the New York State border. Access to dental care is a challenge for New Yorkers in the North Country region of the State. According to the New York State Department of Health’s 2014 New York State Oral Health Plan², “there is a striking variability in the distribution of dentists regionally across the state. On Long Island, there are more than 105 dentists per 100,000 residents, compared to 52 dentists per 100,000 in the North Country. The actual number may be lower, as some dentists may not provide direct patient care on a full-time basis.” Thus, the proposed amendment would assist in addressing this access issue by providing another potential pool of dental services providers to serve an already seriously underserved area.

In 2007, New York State changed the experience requirement for a dental license to satisfactory completion of a clinically-based postdoctoral general practice or specialty dental residency program, of at least one year's duration (see, Education Law § 6604[3]). Currently, New York State is the only state that requires a residency for licensure purposes. Under section 61.4(a)(2) of the Regulations of the Commissioner of Education, a dentist licensed in another state who is seeking licensure in New York, but has not completed one of these two types of residency programs, must have satisfactory professional experience of at least two years preceding the filing of their New York application.

Additionally, the experience requirement for a Canadian dental license does not include the satisfactory completion of a clinically-based postdoctoral general practice or specialty dental residency program, of at least one year's duration. This residency requirement has created obstacles for Canadian dentists seeking licensure in New York State and impeded the ability of some New York State dental schools to recruit Canadian dentists for faculty positions. For instance, based on information the Department has received, there have been several Canadian dentist candidates for faculty positions at the University of Buffalo and other schools, who declined faculty position offers because they were unable to obtain unrestricted New York State dental licenses, unless and until they completed a one-year residency program first, regardless of how many years they had practiced dentistry in Canada. Under section 6604-b, the Department may issue a restricted dental faculty license to a full-time faculty member employed at an approved New York State school of dentistry, as long as they meet specified requirements. A restricted dental faculty license authorizes the holder to practice dentistry, as defined in Article 133 of the Education Law, but such practice of dentistry is limited to the school's facilities or the school's clinics, or facilities or clinics with relationships to the school confirmed by formal affiliation agreements. A restricted dental faculty license does not authorize the holder to engage in the private practice of dentistry at any other site.

Permitting licensure as a dentist by endorsement of a Canadian dental license would assist in eliminating this barrier in recruiting dental faculty for some New York State dental schools because Canadian dentists would not have to complete one of the two types of residency programs, to become licensed, if they have, at least two years, of satisfactory professional experience preceding the submission of their licensure application to the Department.

3. NEEDS AND BENEFITS:

The purpose of the proposed amendment is to increase access to needed dental services in underserved areas of New York State, while protecting the public, by permitting dentists with licenses issued by a Canadian province become licensed in this State by endorsement of their Canadian licenses, only if they meet all the other licensure by endorsement requirements.

Additionally, permitting licensure as a dentist by endorsement of a Canadian dental license would assist in eliminating a barrier in recruiting dental faculty for some New York State dental schools because Canadian dentists would not have to complete one of the two types of residency programs, to become licensed, if they have, at least two years, of satisfactory professional experience preceding the submission of their licensure application to the Department.

4. COSTS:

(a) Costs to State government. There are no additional costs to State government.

(b) Costs to local government. There are no additional costs to local government.

(c) Costs to private regulated parties. The proposed amendment does not impose any additional costs on private regulated parties beyond those required by statute. As required by Education Law section 6604(8), all dentist licensure applicants, including applicants applying for licensure by endorsement, are required to pay a fee of $377 for initial licensure and first registration.

(d) Costs to the regulatory agency. There are no additional costs to the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any program, service, duty, or responsibility on local governments.

6. PAPERWORK:

There are no new forms, reporting requirements, or other recordkeeping associated with the proposed amendment.

7. DUPLICATION:

The proposed amendment does not duplicate any other existing State or federal requirements.

8. ALTERNATIVES:

The proposed amendment to section 61.4 of the Regulations of the Commissioner of Education arose out of concerns regarding the need to identify ways to increase access to needed dental services in historically and seriously underserved areas of New York State, while protecting the public, as well as eliminating one of the barriers in recruiting dental faculty for some New York State dental schools. There are no significant alternatives to the proposed amendment and none were considered.

9. FEDERAL STANDARDS:

No Federal standards apply to the subject matter of this rule making. The Federal government does not regulate the endorsement requirements for applicants for dental licensure in New York State. Since there are no applicable federal standards, the proposed amendment does not exceed any minimum federal standards for the same or similar subject areas.

10. COMPLIANCE SCHEDULE:

If adopted at the May 2018 Regents meeting, the proposed amendment will become effective on (insert date). It is anticipated that regulated parties will be able to comply with the proposed amendment by the effective date.

The purpose of the proposed amendment is to increase access to needed dental services in underserved areas of New York State, while protecting the public, by permitting dentists with licenses issued by a Canadian province become licensed in this State by endorsement of their Canadian licenses, only if they meet all the other licensure by endorsement requirements. The licensure by endorsement requirements include, but are not limited to: (1) submitting an application to the Department; (2) meeting the education, examination and experience requirements for licensure as a dentist in New York State; (3) be at least 21 years of age; (4) be of good moral character as determined by the Department; (5) be a United States citizen or an alien lawfully admitted for permanent residence in the United States; (6) complete coursework or training in the identification and reporting of child abuse offered by a New York State provider; and (7) lawful and reputable practice in dentistry of not less than eight months during the two years next preceding the filing of the application. These requirements currently apply to dentists who are licensed by another jurisdiction of the United States and seeking to become licensed dentists in New York State by endorsement of their license from another state.

The Commission on Dental Accreditation (CODA) is nationally recognized by the United States Department of Education as the sole agency in the United States to accredit dental schools and program, including advanced dental education programs and allied dental education programs¹ at the post-secondary level. CODA's mission is to serve the oral health care needs of the public through the development and administration of standards that foster continuous quality improvement of dental and dental related educational programs. CODA accredits more than 1,400 dental educational programs.

By reciprocal agreement, programs that are accredited by the Commission on Dental Accreditation of Canada (CDAC) are recognized by CODA. Thus, graduates of the 10 accredited Canadian dental programs are held to the same standards of in-depth training and quality assurance as graduates of the 66 United States dental schools, which will assist in ensuring that public protection will be maintained as access to dental services is improved in New York State by permitting licensure as a dentist by endorsement of Canadian dentist licenses.

New York State is one of 13 states which share a border (land and/or water) with Canada and three of Canada’s 10 dental schools are three hours or less away from the New York State border. Access to dental care is a challenge for New Yorkers in the North Country region of the State. According to the New York State Department of Health’s 2014 New York State Oral Health Plan², “there is a striking variability in the distribution of dentists regionally across the state. On Long Island, there are more than 105 dentists per 100,000 residents, compared to 52 dentists per 100,000 in the North Country. The actual number may be lower, as some dentists may not provide direct patient care on a full-time basis.” Thus, the proposed amendment would assist in addressing this access issue by providing another potential pool of dental services providers to serve an already seriously underserved area.

Another purpose of the proposed amendment to assist in eliminating a barrier in recruiting dental faculty for some New York State dental schools. In 2007, New York State changed the experience requirement for a dental license to satisfactory completion of a clinically-based postdoctoral general practice or specialty dental residency program, of at least one year's duration (see, Education Law § 6604[3]). Currently, New York State is the only state that requires a residency for licensure purposes. Under section 61.4(a)(2) of the Regulations of the Commissioner of Education, a dentist licensed in another state who is seeking licensure in New York, but has not completed one of these two types of residency programs, must have satisfactory professional experience of at least two years preceding the filing of their New York application.

Additionally, the experience requirement for a Canadian dental license does not include the satisfactory completion of a clinically-based postdoctoral general practice or specialty dental residency program, of at least one year's duration. This residency requirement has created obstacles for Canadian dentists seeking licensure in New York State and impeded the ability of some New York State dental schools to recruit Canadian dentists for faculty positions. For instance, based on information the Department has received, there have been several Canadian dentist candidates for faculty positions at the University of Buffalo and other schools, who declined faculty position offers because they were unable to obtain unrestricted New York State dental licenses, unless and until they completed a one-year residency program first, regardless of how many years they had practiced dentistry in Canada. Under section 6604-b, the Department may issue a restricted dental faculty license to a full-time faculty member employed at an approved New York State school of dentistry, if they meet specified requirements. A restricted dental faculty license authorizes the holder to practice dentistry, as defined in Article 133 of the Education Law, but such practice of dentistry is limited to the school's facilities or the school's clinics, or facilities or clinics with relationships to the school confirmed by formal affiliation agreements. A restricted dental faculty license does not authorize the holder to engage in the private practice of dentistry at any other site.

Permitting licensure as a dentist by endorsement of a Canadian dental license would assist in eliminating this barrier in recruiting dental faculty for some New York State dental schools because Canadian dentists would not have to complete one of the two types of residency programs, to become licensed, if they have, at least two years, of satisfactory professional experience preceding the submission of their licensure application to the Department.

The proposed amendment will not impose any reporting, recordkeeping, or other compliance requirements or costs, or have an adverse impact, on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required, and one has not been prepared.

The purpose of the proposed amendment is to increase access to needed dental services in underserved areas of New York State, while protecting the public, by permitting dentists with licenses issued by a Canadian province become licensed in this State by endorsement of their Canadian licenses, only if they meet all the other licensure by endorsement requirements. The licensure by endorsement requirements include, but are not limited to: (1) submitting an application to the Department; (2) meeting the education, examination and experience requirements for licensure as a dentist in New York State; (3) be at least 21 years of age; (4) be of good moral character as determined by the Department; (5) be a United States citizen or an alien lawfully admitted for permanent residence in the United States; (6) complete coursework or training in the identification and reporting of child abuse offered by a New York State provider; and (7) lawful and reputable practice in dentistry of not less than eight months during the two years next preceding the filing of the application. These requirements currently apply to dentists who are licensed by another jurisdiction of the United States and seeking to become licensed dentists in New York State by endorsement of their license from another state.

The Commission on Dental Accreditation (CODA) is nationally recognized by the United States Department of Education as the sole agency in the United States to accredit dental schools and program, including advanced dental education programs and allied dental education programs¹ at the post-secondary level. CODA's mission is to serve the oral health care needs of the public through the development and administration of standards that foster continuous quality improvement of dental and dental related educational programs. CODA accredits more than 1,400 dental educational programs.

By reciprocal agreement, programs that are accredited by the Commission on Dental Accreditation of Canada (CDAC) are recognized by CODA. Thus, graduates of the 10 accredited Canadian dental programs are held to the same standards of in-depth training and quality assurance as graduates of the 66 United States dental schools, which will assist in ensuring that public protection will be maintained as access to dental services is improved in New York State by permitting licensure as a dentist by endorsement of Canadian dentist licenses.

New York State is one of 13 states which share a border (land and/or water) with Canada and three of Canada’s 10 dental schools are three hours or less away from the New York State border. Access to dental care is a challenge for New Yorkers in the North Country region of the State. According to the New York State Department of Health’s 2014 New York State Oral Health Plan², “there is a striking variability in the distribution of dentists regionally across the state. On Long Island, there are more than 105 dentists per 100,000 residents, compared to 52 dentists per 100,000 in the North Country. The actual number may be lower, as some dentists may not provide direct patient care on a full-time basis.” Thus, the proposed amendment would assist in addressing this access issue by providing another potential pool of dental services providers to serve an already seriously underserved area.

Another purpose of the proposed amendment to assist in eliminating a barrier in recruiting dental faculty for some New York State dental schools. In 2007, New York State changed the experience requirement for a dental license to satisfactory completion of a clinically-based postdoctoral general practice or specialty dental residency program, of at least one year's duration (see, Education Law § 6604[3]). Currently, New York State is the only state that requires a residency for licensure purposes. Under section 61.4(a)(2) of the Regulations of the Commissioner of Education, a dentist licensed in another state who is seeking licensure in New York, but has not completed one of these two types of residency programs, must have satisfactory professional experience of at least two years preceding the filing of their New York application.

Additionally, the experience requirement for a Canadian dental license does not include the satisfactory completion of a clinically-based postdoctoral general practice or specialty dental residency program, of at least one year's duration. This residency requirement has created obstacles for Canadian dentists seeking licensure in New York State and impeded the ability of some New York State dental schools to recruit Canadian dentists for faculty positions. For instance, based on information the Department has received, there have been several Canadian dentist candidates for faculty positions at the University of Buffalo and other schools, who declined faculty position offers because they were unable to obtain unrestricted New York State dental licenses, unless and until they completed a one-year residency program first, regardless of how many years they had practiced dentistry in Canada. Under section 6604-b, the Department may issue a restricted dental faculty license to a full-time faculty member employed at an approved New York State school of dentistry, if they meet specified requirements. A restricted dental faculty license authorizes the holder to practice dentistry, as defined in Article 133 of the Education Law, but such practice of dentistry is limited to the school's facilities or the school's clinics, or facilities or clinics with relationships to the school confirmed by formal affiliation agreements. A restricted dental faculty license does not authorize the holder to engage in the private practice of dentistry at any other site.

Permitting licensure as a dentist by endorsement of a Canadian dental license would assist in eliminating this barrier in recruiting dental faculty for some New York State dental schools because Canadian dentists would not have to complete one of the two types of residency programs, to become licensed, if they have, at least two years, of satisfactory professional experience preceding the submission of their licensure application to the Department.

The proposed amendment is only applicable to Canadian dentists seeking licensure as dentists in New York State by endorsement of their Canadian licenses. The purpose of the proposed amendment is to increase access to needed dental services in underserved areas of New York State, which include rural areas, such as the North County region of this State. Thus, the proposed amendment does not adversely impact entities of New York State. Accordingly, no further steps were needed to ascertain the impact of the proposed amendment on entities in rural areas and none were taken. Thus, a rural flexibility analysis is not required and one has not been prepared.

The proposed amendment to section 61.4 of the Regulations of the Commissioner of Education would permit dentists with licenses issued by a Canadian province to become licensed dentists in New York State by endorsement of their Canadian license, if they meet all the other licensure by endorsement requirements. The licensure by endorsement requirements include, but are not limited to: (1) submitting an application to the Department; (2) meeting the education, examination and experience requirements for licensure as a dentist in New York State; (3) be at least 21 years of age; (4) be of good moral character as determined by the Department; (5) be a United States citizen or an alien lawfully admitted for permanent residence in the United States; (6) complete coursework or training in the identification and reporting of child abuse offered by a New York State provider; and (7) lawful and reputable practice in dentistry of not less than eight months during the two years next preceding the filing of the application. These requirements currently apply to dentists who are licensed by another jurisdiction of the United States and seeking to become licensed dentists in New York State by endorsement of their license from another state.

The purpose of the proposed amendment is to increase access to needed dental services in underserved areas of New York State, while protecting the public, and assist in eliminating a barrier in recruiting dental faculty for some New York State dental schools.

The proposed amendment will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain these facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.