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THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
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TO: |
Higher Education and Professional Practice Committee |
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FROM: |
Johanna Duncan-Poitier |
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SUBJECT: |
Proposed Amendment to the Regulations of the
Commissioner of Education Relating to the Examination and Residency
Program Requirements for Dental Licensure |
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DATE: |
December 21, 2005 |
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STRATEGIC
GOAL: |
Goal 3 |
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AUTHORIZATION(S): |
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SUMMARY
Issue for Decision (Consent
Agenda)
Should the Regents amend sections 61.2 and 61.18 of the Regulations of the Commissioner of Education, relating to the examination and residency program requirements for dental licensure?
Reason(s) for Consideration
Required by State statute.
Proposed
Handling
The proposed amendment is submitted for approval at the January 2006 Regents meeting.
Procedural
History
The proposed amendment was discussed at the March 2005 meeting of the Board of Regents. As a result of public comment, the regulation was revised. The regulation, as revised, was discussed at the December 2005 Regents meeting. A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on March 2, 2005, and a Notice of Continuation and Notice of Revised Rule Making were published in the State Register on August 17, 2005 and November 16, 2005, respectively.
Background
Information
This amendment implements the requirements of Education Law section 6604(3) and (4) by requiring applicants for dental licensure to complete an accredited dental residency program and eliminating the option of their completing a clinical examination in dentistry instead of the residency program, effective January 1, 2007, establishes a definition for an acceptable national accrediting body for dental residency programs, and adds two specialties to the list of specialty residency programs that may be used to fulfill the residency program requirement for dental licensure.
As a result of public comment, the regulation was revised to include the two additional specialties of oral and maxillofacial radiology and oral and maxillofacial pathology to the list of acceptable specialty dental residency programs that may be completed for dental licensure. These specialties were added to provide additional clinical training opportunities to applicants for dental licensure. The Department, after consultation with the State Board for Dentistry, determined that the additional specialty dental residency programs provide appropriate clinical training for dental licensure. The New York State Dental Association has written in support of adding these specialty residency programs to the list.
Recommendation
I recommend that the Board of Regents take the following action:
VOTED: That sections 61.2 and 61.18 of the Regulations of the Commissioner of Education be amended, as submitted, effective February 1, 2006.
Timetable for
Implementation
The effective date of the proposed amendment is February 1, 2006.
Attachment
AMENDMENT TO THE REGULATIONS OF THE
COMMISSIONER OF EDUCATION
Pursuant to sections 207, 6506, 6507, 6601, and 6604 of the Education
Law, and Chapter 76 of the Laws of 2004.
1. Section 61.2 of the Regulations of the
Commissioner of Education is amended, effective February 1, 2006, as
follows:
61.2 Licensing
examination.
(a) Individuals, who on or before December
31, 2006 have completed all the education requirements for licensure and by that
date have submitted an application for licensure and the required application
fee, shall meet the examination requirements of this subdivision. Individuals who do not meet these
conditions shall meet the examination requirements of subdivision (b) of this
section.
[(a)] (1) Content. The examination
shall consist of three parts:
[(1)] (i) . . .
[(2)] (ii) . . .
[(b)] (2) . . .
[(c)] (3) . . .
[(d)] (4) Special examination
conditions.
[(1)] (i) . . .
[(2)] (ii) . . .
[(e)] (5) . . .
[(f)] (6) . . .
[(g)] (7) . . .
[(h)] (8) . . .
[(i)] (9) In accordance with section
6604(4) of the Education Law, [applicants who are issued by the department a
license to practice dentistry between May 22, 2003 and December 31, 2005,]
individuals, who on or before December 31, 2006 have completed all the
education requirements for licensure and by that date have submitted an
application for licensure and the required application fee, may substitute
successful completion of a residency program that meets the requirements of
section 61.18 of this Part in lieu of successful completion of Part III, the
examination in clinical dentistry.
(b) Individuals who do not meet the
conditions prescribed in the opening paragraph of subdivision (a) of this
section shall meet the examination requirements of this
subdivision.
(1) Content. The examination shall
consist of two parts designed to sample the knowledge from all areas related to
dentistry.
(2) The department may accept grades
acceptable to the State Board for Dentistry on an examination of the National
Board Dental Examinations as meeting the requirements of Parts I and II of the
licensing examination.
(3) Special examination
conditions.
(i) An applicant who has completed not less
than two academic years in a program of dental education registered by the
department, or accredited by an accrediting organization acceptable to the
department may be admitted to Part I of the examination. Such applicant shall
meet all requirements for admission to the licensing examination, except for the
completion of professional education.
(ii) An applicant attending a program of
dental education registered by the department, or accredited by an accrediting
organization acceptable to the department, may be admitted to Part II during the
last year of study.
(4) Passing score. The passing score in each subject of
each part shall be 75.0, as determined by the State Board for
Dentistry.
2. Section 61.18 of the Regulations of the
Commissioner of Education is amended, effective February 1, 2006, as
follows:
61.18
Residency [option pathway] program requirement for dental
licensure.
(a)
Definitions. As used in this section:
[(1)
. . .]
(1)
Acceptable national accrediting body means until December 31, 2006 the
Commission on Dental Accreditation of the American Dental Association, and
thereafter it means an organization accepted by the department as a reliable
authority for the purpose of accreditation of dental residency programs,
applying its criteria for granting accreditation in a fair, consistent, and
nondiscriminatory manner, such as the Commission on Dental Accreditation of the
American Dental Association, its successors, or an equivalent organization as
determined by the department.
(2)
. . .
(3)
. . .
(b)
Residency program. [In accordance with section 6604(4) of the Education Law,
applicants who are issued by the department a license to practice dentistry
between May 22, 2003 and December 31, 2005 may substitute successful completion
of a residency program that meets the requirements of this section in lieu of
successful completion of the examination in clinical dentistry (Part III of the
dental licensing examination), prescribed in section 61.2 of this Part. In
addition to meeting other requirements of this section, such residency program
shall meet the following requirements:] To be acceptable to the department
for purposes of licensure under section 6604 of the Education Law, a residency
program shall meet the requirements of this section.
(1)
The residency program shall be a postdoctoral clinical dental residency program
in either general dentistry, or a specialty of dentistry as defined in paragraph
(2) of this subdivision, of at least one year's duration in a hospital or dental
facility accredited for teaching purposes by [the CDA] an acceptable national
accrediting body, which is completed successfully by the applicant
prior to the submission to the
department of the application for licensure.
(2)
The accredited residency program in a specialty of dentistry shall be in
the specialty of endodontics, oral and maxillofacial surgery, orthodontics and
dentofacial orthopedics, pediatric dentistry, periodontics, prosthodontics,
oral and maxillofacial pathology, oral and maxillofacial radiology, or
another specialty of dentistry, as determined by the department, for which at
least 50 percent of the [CDA] accredited residency program consists of clinical
training in one or more of the following areas: general dentistry, endodontics,
oral and maxillofacial surgery, orthodontics and dentofacial orthopedics,
pediatric dentistry, periodontics, [and] prosthodontics, oral and
maxillofacial pathology, and oral and maxillofacial radiology.
(3)
The accredited residency program shall include a formal written outcome
assessment which is acceptable to the department.
(i)
For [a CDA] an accredited residency program in general dentistry, the
formal written outcome assessment used by the residency program shall be
acceptable to the department if it includes:
(a)
an acceptable notarized written statement by the residency program director
attesting that the applicant has completed successfully the [CDA] accredited
residency program and is in the director's judgment competent to practice
dentistry; and
(b)
acceptable notarized written statement(s) by the residency program director who
supervised the dental procedures performed by the applicant, and/or the
attending dentist(s) who supervised the dental procedures performed by the
applicant if different from the residency program director, attesting that the
applicant completed independently, and to generally accepted professional
standards for dentistry, two full crowns, two endodontically treated teeth, four
restorations (two anterior, two posterior) and one periodontal case during the
accredited residency program.
(ii)
For [a CDA] an accredited residency program in a specialty of dentistry,
as defined on paragraph (2) of this subdivision, the formal written outcome
assessment used by the residency program shall be acceptable to the department
if it includes an acceptable notarized written statement by the residency
program director attesting that the applicant has successfully completed the
[CDA] accredited residency program in a specialty of dentistry, as defined in
paragraph (2) of this subdivision, and is in the director's judgment competent
to practice dentistry.
(c)
. . .