BILL NUMBER: S3966A
SPONSOR: STAVISKY
 
TITLE OF BILL:
An act to amend the education law, in relation to requirements for
licensure as a dentist
 
PURPOSE:
The purpose of this bill is to provide a near-term boost to the pool of
dentists practicing in underserved areas while also providing a viable
pathway to licensure for qualified dentists from other jurisdictions who
seek to work in New York in the field of public health dentistry.
 
SUMMARY OF PROVISIONS:
Section 1: Subdivision 4 of section 6605 of the education law, as
amended by chapter 57 of the laws of 1999, is amended and two new subdi-
visions 2-a and 6 are added to read as follows:
2-a to authorize the department to issue a limited permit for instruct-
ing in dentistry to eligible dentists licensed in another jurisdiction
who participate in a preceptorship program as a general practice precep-
tee under the supervision of an eligible NYS-Licensed dentist practicing
in a federally qualified health care facility or similar facility that
primarily serves an underserved population; and adds new subdivision 6
to provide for a pathway to licensure for a dentist that practices for
at (east five years in accordance with this section.
6. A dentist that complies with the provisions of subdivision two or
two-a of this section for a duration of five years, upon satisfactory
competition of such five years of practice, may apply for Licensure as a
dentist in this state.
Section 2: Amends subdivision three of section 6604 of the education law
to expand the "experience" standard to include satisfactory completion
of at least five years of practice as a dentist under a limited permit
in accordance with subdivisions 2 and 2-a of section 6605 of the educa-
tion law; and amends subdivision six of section 6604 to create parity
with physicians and dentists by permitting the Board of Regents to issue
a limited waiver of citizenship requirements for continued licensure of
a dentist who holds an H-lb visa, an 0-1 visa, or an equivalent or
successor visa.
Section 3: Establishes the effective date.
 
JUSTIFICATION:
According to the federal Health Resources and Services Administration
(HRSA), New York State currently has 161 dental Health Practitioner
Shortage Areas (HPSAs), including 117 designated HPSA facilities and 44
designated HPSA population groups (mostly Medicaid eligible popu-
lations). As a result, NYS currently meets only 16.15% of the documented
need, Leading HRSA to estimate that New York needs an additional 588
dentists. {2} Despite these challenges, current Department of Education
regulations require all dentists who have graduated from dental school
to complete a one-year graduate residency program before they can become
licensed in New York. This requirement applies to both new and experi-
enced dentists, meaning that even dentists with years of practice expe-
rience in another jurisdiction must currently complete a graduate resi-
dency program before qualifying to practice here.
New York's residency mandate, which is an outlier among other states,
represents yet another barrier to attracting dentists to practice in
high need areas in New York State. In fact, despite annually graduating
among the highest number of dentists in the country, New York continues
to struggle to meet the needs of low-income, rural and developmentally
disabled patients. In addition to the residency mandate, other barriers
include a net annual out-migration of New York dentists, {3} a decline
in CODA*-accredited dental residency programs {4} (which have tradi-
tionally served as a reliable resource for services to Medicaid recipi-
ents), too few dentists practicing in rural and high need areas, {5} the
exorbitant costs of attending dental school {6) and establishing a
dental practice, perennially insufficient Medicaid reimbursement rates,
and a wave of dentist retirements in the wake of the pandemic.
This bill offers an immediate boost to access to quality services by
offering qualified dentists trained outside of the United States and
Canada the option in lieu of a residency program - to join the full-time
faculty of a dental school or complete a preceptorship in a hospital or
clinic setting in a dental HPSA as a means to become licensed in New
York State. By doing so, New York will become better able to attract
qualified dentists to serve low income and vulnerable populations while
stilt maintaining current quality of care standards.
 
LEGISLATIVE HISTORY:
2023/2024 - A8363-A / S.9216 Referred to Higher Education
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE. ATE:
This act shall take effect 90 days after it shall become a law.
* CODA is the Commission on Dental Accreditation of the American Dental
Association.
(1) Health Policy Institute, American Dental Association. U.S. Dentist
Migration Dashboard. https://www.
ada.org/resources/research/healthpoticy-institute/dentist- migration-
dashboard. Accessed online on 11/8/2023.
(2) Health Policy Institute, American Dental Association. Trends in
Advanced Education in General Practice Residency Programs in the U.S.,
December 2021. See www.ADA.org/HPI.
(3) Health Resources and Services Administration, U.S. Department of
Heatth & Human Services. HPSA Designations. HPSA Find. See
https://data.hrsa.gov/tools/shortagearea/hpsa-find.
(4) Whereas the average medical school graduate in 2023 owes $251,000,
the average dental student in 2023 owes $293,900. See
https://educationdata.org/average-medicalschool-debt and
www.tendingtree.com/student/dentalschool-worth-it.
(5) Health Resources and Services Administration, U.S Department of
Health & Human Services. Health Workforce Shortage Areas.
https;lidate.hrsa.gov/topics/healthworkforce/shortage-areas. Accessed
online on 11/27/2023.
(6) Bureau of Health Workforce, Health Resources and Services Adminis-
tration, U.S. Department of Health & Human Services. Designated Health
Professional Shortage Areas Statistics, Fourth Quarter of Fiscal Year
2023 Designated HPSA Quarterly Summary. As of September 30, 2023.
(7) NYS Department of Health, increasing the Supply of Dentists,
Midwives, Physician Assistants, and Nurse Practitioners in Underserved
Areas Through Doctors Across New York Physician Loan Repayment Program
Incentives, February 2010.
(8) Health Policy Institute, American Dental Association. Trends in
Advanced Education in General Practice Residency Programs in the U.S.,
December 2021. See www.ADA.org/HPI.

Statutes affected:
S3966: 6605 education law, 6605(4) education law
S3966A: 6605 education law, 6605(4) education law