Important Updates
January 14, 2025
Water Fluoride Resources from NYSDA, the ADA, and more...
Talking to Patients About Community Water Fluoridation from the NYS Department of Health.
The Science Behind Community Water Fluoridation - a Q&A with the American Fluoridation Society.
Highlighting Accomplishments of Fluoridated Water, from the ADA Morning Huddle.
The Fluoride Debate Rages on: Report Reveal's Data Further Linking Fluoridated Water with Lower IQ.
May 24, 2024
The Federal Ban on Non-Compete Clauses Employment Agreements & What Dentists Need to Know
Restrictive covenants in employment agreements take three basic forms: (1) non-compete clauses; (2) non-solicitation clauses and (3) intellectual property protection clauses for confidential business practices.
Non-compete clauses generally prohibit a former employee from establishing a similar practice within a certain geographic area of the former practice for a designated time period. The enforceability of non-competes has been based on the reasonableness of the geographic area and designated time period weighing the protection of the employer’s legitimate right to protect its business versus factors like the former employee’s ability to work and service to the community.
On April 23, 2024 the Federal Trade Commission finalized a Rule banning most non-compete clauses in employment contracts. The Rule was published in the Federal Register on May 7, 2024 and will take effect on September 4, 2024, unless anticipated litigation prevents it.
What Are the Basic Concepts of the Ban?
- The ban applies to new contracts and existing contracts.
- The ban carves out an exception for “senior executives.” A “senior executive” is someone who:
- Makes more than $151,164.00 and
- Have policy making authority.
- The rule does not apply to “non-solicitation” and “intellectual property” clauses.
- When the rule does go into effect (assuming it is not delayed by litigation), it will require employers to send a notice that the non-compete unenforceable. It does not require employers to rescind the agreement.
What Action Should be Taken Now?
A wait and see approach until there is a definitive judicial determination on the ban is prudent at this time. However, as an immediate action item, employers and employees alike should review their employment agreements with counsel experienced in handling such agreements to identify what restrictive covenants exist and evaluate their enforceability. Also, remember that the ban does not affect the enforceability of non-solicitation and intellectual property clauses in employment agreements.
The law firm of Feldman Kieffer, LLP has proudly served the dental community for over 30 years and is available to assist 7th District members.
January 2,2024
Mandated Training Related to Child Abuse
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)