Important Updates

Mandated Training Related to Child Abuse

January 2, 2024

Updated Mandated Reporter Training Requirements.  Chapter 56 of the Laws of 2021 amended Social Services Law § 413 to require additional training to include protocols to reduce implicit bias in decision-making processes, strategies for identifying adverse childhood experiences, and guidelines to assist in recognizing signs of abuse or maltreatment while interacting virtually within the New York State Mandated Identification and Reporting of Child Abuse and Maltreatment/Neglect coursework.  This law requires that mandated reporters, including those who have previously undergone the current training, complete the updated training curriculum by April 1, 2025.  Information about approved training providers can be accessed on our website.

List of Approved Training Providers

Training related to child abuse is required for the following professions:

• Certified Behavior Analyst Assistants
• Chiropractors
• Creative Arts Therapists
• Dental Hygienists
• Dentists
• Licensed Behavior Analysts
• Licensed Clinical Social Workers
• Licensed Master Social Workers
• Marriage and Family Therapists
• Mental Health Counselors
• Optometrists
• Physicians
• Podiatrists
• Psychoanalysts
• Psychologists
• Registered Nurses

Specific information about this training is provided below.

Effective January 1, 1989, Education Law requires certain individuals, when applying initially for licensure or a limited permit, to provide documentation of having completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment.  This is a one-time requirement and once taken does not need to be completed again.  This requirement applies to: Chiropractors, Dental Hygienists, Dentists, Optometrists, Physicians, Podiatrists, Psychologists, and Registered Nurses.  The Law also includes this training among the requirements for certification or licensure of school administrators/supervisors, school service personnel, and classroom school teachers.  All persons applying for a provisional or permanent certificate or license valid for administrative or supervisory service, school service, or classroom teaching service must have completed the two hours of coursework or training.

Since September 1, 1990, programs registered by NYS that lead to licensure or certification in one of the above areas affected by the legislation have been required to include training in the identification and reporting of child abuse and maltreatment.  Students graduating from such programs on or after September 1, 1990 are not required to take additional training and are not required to receive a Certification form and submit documentation.  However, medical residency programs, which are taken after receiving licensure, are not required to include such training.  Therefore, training received during residency does not satisfy the NYS training requirement.  An individual who completes an out-of-state medical program unregistered by NYS who then receives training in a NYS residency program has not met the training requirement and must take additional training from an approved provider.

Effective September 1, 2004, this requirement also applies to Licensed Clinical Social Workers and Licensed Master Social Workers.  Individuals in these professions, when applying initially for licensure or a limited permit, or for the renewal of a New York State license or registration, must provide documentation of having completed the coursework or training through a Department-approved course. *

Effective January 1, 2005, this requirement applies to Mental Health Counselors, Marriage and Family Therapists, Creative Arts Therapists, and Psychoanalysts.  As of that date, individuals in these professions, when applying initially for licensure or a limited permit must provide documentation of having completed the coursework or training through a Department-approved course.*

Effective July 1, 2014, this requirement also applies to licensed behavior analysts and certified behavior analyst assistants.  As of that date, individuals in these professions, when applying initially for licensure or a limited permit must provide documentation of having completed the coursework or training through a Department-approved course.

*Programs registered by NYS that lead to licensure in these professions now are required to include training in the identification and reporting of child abuse and maltreatment.  Students graduating from such programs on or after the effective dates are not required to take additional training and are not required to receive a Certificate form or submit documentation.

Documentation in the form of an authorized Certification of Completion must be submitted to the State Education Department at the time of reregistration or initial application for licensure, certification, or a limited permit.  Within ten days of coursework completion, the approved provider from whom you obtain the training is required to issue you two copies of the Certification form.

The law exempts from the training an individual who can document, to the satisfaction of the Department, that there is no need for the training based on the nature of his or her practice.  You may be eligible for an exemption if the nature of your practice is such that you do not have professional contact with persons under the age of 18 years and you do not have contact with persons 18 years of age or older with a handicapping condition, who reside in a residential care school or facility.  If you wish further information about an exemption, or you wish to request an exemption application (17 KB), please contact:

The New York State Education Department
Professional Education Program Review
89 Washington Avenue, 2nd Floor West Wing
Albany, New York 12234
Attn: Child Abuse Training Exemption.
 

Certification of Exemption (9 KB)

NYS Pay Transparency Law

New York State's Pay Transparency Law (New York State Labor Law Section 194-b) requires employers with four (4) or more employees to include a range of pay for all advertised job, promotion, or transfer opportunities. The fact sheet is intended to help employers navigate the new law and meet its requirements. Pay Transparency Law for Employers

N.Y. bill takes aim at noncompete agreements
New York state legislators quickly moved legislation to Gov. Kathy Hochul that would seek to prohibit noncompete agreements, potentially setting the stage for similar action in other states. The move follows action at the federal level, where the Federal Trade Commission took aim at noncompetes in a proposal earlier this year.
Full Story: Forbes (tiered subscription model) (6/27)

New CDC Guidance on Masking in Healthcare Facilities
With the end of the COVID-19 Public Health Emergency in the U.S., the Centers for Disease Control and Prevention (CDC) recently announced new guidance to help dentists determine how to best implement mask use in their offices. Dentists are still required to follow standard and transmission-based precautions when treating patients, including wearing proper personal protective equipment and adhering to Occupational Safety and Health Administration workplace safety rules and state and local requirements regarding masking.

The new CDC guidance provides information for dentists with questions about broader masking in health care facilities, suggesting that facilities consider the following factors:

• The types of patients the facility treats, including those who may have a
   higher risk for severe COVID-19
• Input from stakeholders like patients and office personnel
• Plans from other facilities with which the facility shares patients
• Available data, such as local COVID-19 incidence data

Read additional information about the new guidance in ADA News.

NEW! DEA MATE Training Information

Click here for DEA MATE Compliance training course

Please read the message below from the ADA.

ADA Answers Your Questions on
New DEA Registration Requirement Effective June 27

Dear Colleagues,
In December 2022, the U.S. Congress passed an omnibus spending bill that included the Medication Access and Training Expansion (MATE) Act. This new law requires prescribers of controlled substances, including dentists, to complete eight hours of one-time training on safely prescribing controlled substances (Schedules II, III, IV, and/or V) in order to receive or renew their registration with the U.S. Drug Enforcement Administration (DEA).

It’s likely that you received an email from the DEA last week notifying you of this new requirement, which goes into effect on June 27, 2023.

To help dentists comply, the ADA has created a Frequently Asked Questions document addressing common questions we have heard from members, including:
• Does this new federal training requirement affect me?
• What am I required to do?
• How much time do I have to satisfy the new training requirement?
• Do I need to maintain records showing I have completed the training?
• How will I know what courses will satisfy the requirement?
• Will training hours completed prior to the law’s passage count toward the new requirement?
• Will I have to complete the 8 hours of federally required CE on a cyclical basis?
• Will CE credits that are accepted for state licensure count toward the new federal requirement?
• Can my state impose additional CE requirements?
• Am I required to complete training on topics that are outside of my scope of practice?
• Do I have to use a specific CE provider? Will ADA CERP credits count?
• Does the ADA offer CE on safe controlled substance prescribing?
The ADA will update the FAQ regularly to answer new questions and share additional information. Currently, our team is working to address questions about how the DEA will enforce the requirement, how the rule will affect prescribers with multiple DEA registrations, and other topics.

If you have further questions, the ADA’s Member Service Center is here to help. Contact the MSC via e-mail at msc@ada.org or call 312-440-2500. Staff are available Monday through Friday from 8 a.m. - 5 p.m. central time.

In the meantime, I encourage you to visit the DEA Diversion Control Division’s website for more updates at deadiversion.usdoj.gov. Additional information may be found at ADA.org.

George R. Shepley, D.D.S.
President

If you have further questions, the ADA’s Member Service Center (MSC) may be contacted via e-mail at msc@ada.org or by calling 312-440-2500.

Staff are available Monday through Friday from 8 a.m. - 5 p.m. central time.

NYSDA has updated information on their website in three locations:
1. Homepage: https://www.nysdental.org/
2. Practice Management page: https://www.nysdental.org/member-center/practice-management
3. Substance Abuse Opioid info: https://www.nysdental.org/member-center/substance-abuse-support-services

Monroe County Pure Waters Dental Program UPDATE

Monroe County’s Department of Environmental Services (Pure Waters) continues to implement a Dental Mercury program. With the promulgation of 40 CFR § 441 (Dental Office Point Source Category), Dental facilities were required to file a ‘One-Time Compliance Report’ with their local Sewer Authority or Treatment Works. This Report documents the presence of an amalgam separator and affirms that facilities are following the ‘Best Management Practices’ (BMP) for handling dental amalgam. Reports were due from all Dental facilities that are connected to public sewers by October 14, 2020. Dental Facilities which have transferred ownership or opened after October 14, 2020 must file the report within 90 days for a transferred facility or 30 days for a new facility.
The reporting and record keeping requirements found in 40 CFR § 441.5 specifies the information that must be included in this One-Time Compliance Report. Monroe County uses the NYSDEC’s “Amalgam Waste Compliance Report” to fulfill this part of the standard. Every Dental facility in Monroe County that is subject to this standard has filed the form with Monroe County. Sewer Authorities in other Counties may have created their own form for this purpose. The One-Time Compliance Report for facilities outside of Monroe County should have been sent to your local sewer or treatment works, not to Monroe County.
Monroe County manages a mercury minimization program (MMP) that is administered by Industrial Waste Control (IWC), a section of the County’s Department of Environmental Services. The mercury minimization program includes the requirement to inspect each Dental facility at least once every 5 years for compliance with State and Federal standards. The inspection includes a physical inspection of the amalgam separator and amalgam waste storage containers, a review of required documentation, and a review of best management practices for handling mercury waste. Refer below for a list of required documentation.
Monroe County’s inspection program only applies to Dental facilities in Monroe County. Other Counties may have their own Dental inspection programs.
This article serves as a reminder to Dental Facilities about the Federal and State standards pertaining to Dental mercury. Dental facilities (subject to this standard) should review their documentation to make sure that they are compliant. Facility inspections will be successful when the documentation required under the standard is maintained and available for review, with no follow up needed.
The requirements listed below are summarized from 40 CFR § 441 (Dental Office Point Source Category) and NYCRR 374-4 (Management of Mercury and Dental Amalgam Wastes at Dental Facilities).

All Dental facilities that discharge to a public sewer must follow these regulations (no matter what County the facility is in).

Documentation and BMP requirements (Summarized from 40 CFR § 441):
One-Time Compliance Report for Dental Dischargers–All Dental facilities must have this document filled out and filed with their local sewer Control Authority. A copy must be maintained on site for the life of the facility. New Dental facilities must file the form within 30 days of discharging to the sewer, transferred facilities must file the form within 90 days of taking ownership. See 40 CFR § 441.5 for the required elements of this report.

Dental dischargers or an agent or representative of the dental discharger must maintain and make available for inspection in either physical or electronic form, for a minimum of three years:
1. Documentation of the date, person(s) conducting the inspection, and results of each inspection of the amalgam separator(s) or equivalent device(s), and a summary of follow-up actions, if needed.
2. Documentation of amalgam retaining container or equivalent container replacement (including the date, as applicable).
3. Documentation of all dates that collected dental amalgam is picked up or shipped for proper disposal in accordance with 40 CFR 261.5(g)(3), the name of the permitted or licensed treatment, storage or disposal facility receiving the amalgam retaining containers, and weight of material sent.
4. Documentation of any repair or replacement of an amalgam separator or equivalent device, including the date, person(s) making the repair or replacement, and a description of the repair or replacement (including make and model).
5. Dischargers or an agent or representative of the dental discharger must maintain and make available for inspection in either physical or electronic form the manufacturers operating manual for the current device.
Required Best Management Practices (BMP):
- Waste amalgam including, but not limited to, dental amalgam from chair-side traps, screens, vacuum pump filters, dental tools, cuspidors, or collection devices, must not be discharged to a sewage treatment works.
- Dental unit water lines, chair-side traps, and vacuum lines that discharge amalgam process wastewater must not be cleaned with oxidizing or acidic cleaners, including but not limited to bleach, chlorine, iodine and peroxide that have a pH lower than 6 or greater than 8 (i.e. cleaners that may increase the dissolution of mercury).

The MMP requires Monroe County to inspect each Dental Facility at least once every five years for compliance with the regulations. Other Counties in this district may have their own Dental programs and inspection schedules.
Common Issues: These are common non-compliance issues that are found during inspections.
1. Facility Transferred or New Facility, One-Time Compliance Report Not filed for New Owner.
2. No installation date written on the amalgam separator cartridge, No record of cartridge change.
3. No local inspection records for the amalgam separator.
4. No maintenance records for the amalgam separator.
5. No start fill date on the amalgam waste storage container, or it is left open.
6. Amalgam Waste stored on site for more than one year.

If you have questions about Dental mercury and what your Dental Facility must do to comply with these standards, contact your local sewer or authority or treatment works.

In Monroe County the contact is Monroe County’s Office of Industrial Waste, 585-753-7600, option 4, or email: IWC@monroecounty.gov

Links to the Dental Regulations on the Internet:
NYSDEC: https://www.dec.ny.gov/chemical/8513.html
EPA: https://www.ecfr.gov/cgi-bin/text-idx?mc=true&node=pt40.32.441&rgn=div5

The following documents are available from Monroe County’s Office of Industrial Waste:
NYSDEC- Amalgam Waste Compliance Report: This document fulfills the requirement for the ‘One-Time Compliance Report ‘. It must be filled out completely and filed with the local sewer Authority or Treatment Works. New facilities must submit the form within 30 days after initial discharge to the sewer. Transferred facilities must submit the form within 90 days after the facility transfer. A copy must also be maintained on site.

Facility Checklist: This document is a one-page check list that details best management practices for dental mercury.

Example Maintenance Log: This is a sample maintenance log for keeping records of amalgam separator inspection, maintenance, and repairs.

List of Compliant Line Cleaners: A partial list of compliant line cleaners (neutral pH and non-oxidizing).

Best Management Practices: A booklet created by Monroe County that provides detailed information on handling mercury waste in Dental facilities.