THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:	The Honorable the Members of the Board of Regents
FROM:	Johanna Duncan-Poitier
COMMITTEE:	Higher Education and Professional Practice
TITLE OF ITEM:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Residency Option Pathway for Dental Licensure
DATE OF SUBMISSION:	October 8, 2004
PROPOSED HANDLING:	Approval (Consent Agenda)
RATIONALE FOR ITEM:	To Implement Policy
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY:

 

Attached for approval is a proposed amendment to paragraph (1) of subdivision (b) of section 61.18 of the Regulations of the Commissioner of Education, relating to the residency option pathway for dental licensure.  An Assessment of Issues Raised by Public Comment is also attached.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

The residency option pathway permits the applicant for licensure in dentistry to complete a dental residency program in lieu of the licensure examination in clinical dentistry (Part III of the licensing examination).  The purpose of the proposed amendment is to adjust the requirements for the residency option pathway for dental licensure by deleting a provision that requires the dental residency program to be completed within a time frame of two years prior to application for licensure.  After consultation with the field, the Department has determined that this requirement is unnecessary.  The regulation contains other requirements that adequately verify that the applicant has completed the residency program.  In addition, other licensed professions do not have similar time frames for completing residency programs.

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

          Pursuant to sections 207, 6506, 6507, and 6604 of the Education Law.

Paragraph (1) of subdivision (b) of section 61.18 of the Regulations of the Commissioner of Education is amended, effective November 25, 2004, as follows:     

(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, which is completed successfully by the applicant [within two years] prior to the submission to the department of the application for licensure [to the department].

PROPOSED AMENDMENT TO PARAGRAPH (1) OF SUBDIVISION (b) OF SECTION 61.18 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207, 6506, 6507, AND 6604 OF THE EDUCATION LAW RELATING TO THE RESIDENCY OPTION PATHWAY FOR DENTAL LICENSURE

                    ASSESSMENT OF ISSUES RAISED BY PUBLIC COMMENT

          The proposed rule was published in the State Register on August 18, 2004.   Below is a summary of written comments received by the State Education Department concerning the proposed rule making and the State Education Department's assessment of the issues raised by the comments.

          COMMENT: I support the proposed change that deletes the requirement that the residency program must be completed within two years prior to application for licensure.  The change may facilitate the process for some applicants to become licensed through the residency option pathway. 

          COMMENT: I heartily endorse the removal of the two-year deadline.   New York State needs experienced clinicians as dental health care providers.  This action will greatly facilitate that end.

          COMMENT: The proposed change can be expected to enhance the New York State dental workforce by easing career transitions for dentists (e.g., military retirement to a career in the private sector, entry or transfer to a career as a dental faculty member.)   

          RESPONSE: No response is necessary to these comments, which support the proposed amendment.

COMMENT:  I wish to record my strong objection to the proposed change.  By deleting the time restriction for the completion of dental residency programs, the amendment would allow individuals who have not performed dental procedures in many years to be licensed.  There has to be a point where a person should not be licensed unless they can demonstrate their knowledge is current and their skills are sharp.  Protection of the public mandates opposition to this change.

RESPONSE:   The residency option will permit an applicant for licensure in dentistry to substitute successful completion of an acceptable residency program in dentistry for the licensure examination in clinical dentistry.   The amendment deletes the requirement that the residency program must be successfully completed within two years prior to application for licensure.  The Department believes that it is unnecessary to prescribe a time frame for completion of the residency program.   Other licensed professions, such as medicine, do not have time frames for completing residency programs required for licensure.    In addition, the existing regulation contains requirements that adequately verify that the applicant has completed the residency program and is competent to practice dentistry.   Among other requirements, the regulation requires the program to have a formal written outcome assessment that includes a notarized written statement by the residency program director that the applicant has completed the residency program and is in the director's judgment competent to practice dentistry.  It should also be noted that there is no time frame associated with completing the clinical examination, which is the alternative requirement for licensure.

          COMMENT:  If there is a concern regarding the competency of dentists who completed their residency program many years ago, the regulation might be changed to give a ten-year time frame, instead of deleting the two-year limit entirely.  Some applicants who completed a residency program more than two years before applying for licensure may not have been in continuous practice in another jurisdiction.  This might be added as a requirement.

RESPONSE:   As stated above, other licensed professions do not have similar time frames for completing residency programs.  In addition, the existing regulation contains requirements that adequately verify that the applicant has completed the residency program and is competent to practice dentistry.   Therefore, the Department believes that it is unnecessary to prescribe a time frame for completing the residency program in dentistry or to impose a requirement of continuous practice.          

COMMENT:  Because evaluations by faculty of residency programs can be biased, especially in the smaller residency programs, the residency option does not ensure the competency of the applicant for dental licensure. 

          RESPONSE:  This comment does not address the amendment at issue, which deletes a provision that requires the dental residency program to be completed within two years prior to application for licensure.   However, in response, the existing regulation implements a statute enacted by the New York State Legislature, which established the residency option pathway to dental licensure.  This option will permit an applicant for licensure in dentistry to substitute successful completion of an acceptable residency program in dentistry for the licensure examination in clinical dentistry.   All other requirements for licensure in dentistry must be met, including satisfactory completion of the written national examination in dentistry and the education requirement.   As mandated by statute, the regulation requires the residency program to include a formal written outcome assessment of the resident's competency to practice dentistry in order to ensure adequate preparation to support licensure.  

COMMENT:  The regulation should permit the residency option to be available to a candidate that has completed a residency program in any American Dental Association accepted specialty or any other accredited dental specialty. 

RESPONSE:    This comment does not address the amendment at issue, which deletes a provision that requires the dental residency program to be completed within two years prior to application for licensure.  However, in response, New York State licenses individuals in general dentistry, not in a specialty of dentistry.  Therefore, the residency option pathway provides a route to licensure in general dentistry.  The existing regulation specifies the acceptable residency programs that may be used in the residency option pathway.  These programs may be in general dentistry or in prescribed specialties or other specialties that contain specified training.   This is to ensure that the applicant has obtained adequate clinical training and assessments in support of licensure in general dentistry.

COMMENT: The regulation is unclear as to the required duration of the specialty residency programs.  The regulation should clearly state that it is two years.

RESPONSE:  The comment is mistaken.  The existing regulation clearly states that the residency programs in either general dentistry or a prescribed specialty of dentistry must be at least one year in duration.