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NYSED Issues Alert on Dental Sleep Apnea Practice

Oct 17, 2024

Per the notice below, the New York State Education Department (NYSED) has issued guidance that significantly limits dentists and dental hygienists from engaging in sleep apnea practice.  You can read the NYSED dental sleep apnea practice alert below and can also access it here: https://www.op.nysed.gov/professions/dentists/professional-practice.

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Sleep Apnea Practice Alert

Pursuant to Education Law §6601, the practice of dentistry includes, among other things, the prescribing and fabrication of dental prostheses and appliances.  Thus, a dentist may fabricate an intra-oral sleep disorder appliance only following a definitive diagnosis by a licensed physician and a patient specific order.  However, administering sleep apnea tests in the dental office or giving at home tests are not within the scope of practice of a dentist and/or dental hygienist.

Furthermore, under Education Law §§6604-A(4) and 6609-A(4), acceptable formal continuing education for dentists and dental hygienists shall mean formal programs of learning which contributes to professional practice and which meet the standards prescribed by the Commissioner’s regulations.  Sleep medicine is not a recognized dental specialty in New York State.  Therefore, in order to use course work in sleep medicine to meet mandatory continuing education requirements for dentists and dental hygienists, the course must address content relative to fabrication of intra-oral sleep disorder appliances and care/maintenance of the oral appliances.