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http://www.op.nysed.gov/article133.htm#def

NY State:  Article 133
§ 6601. Definition of the practice of dentistry.

The practice of the profession of dentistry is defined as diagnosing, treating, operating, or prescribing for any disease, pain, injury, deformity, or physical condition of the oral and maxillofacial area related to restoring and maintaining dental health. The practice of dentistry includes the prescribing and fabrication of dental prostheses and appliances. The practice of dentistry may include performing physical evaluations in conjunction with the provision of dental treatment.

Interpretation of NY State  Article 133, § 6601 as it relates to the practice of dentistry, and to the dentist who chooses to provide OJW to patients who meet the selection criteria.

Following is a direct quote provided by Dr. Milton Lawney, the Executive Secretary of the State Board of Dentistry, given to Dr. Rothstein on Thursday, October 14, 2004 in answer to the question:  

“Is Orthodontic Jaw Wiring a service permitted to dental professionals?”
 
     “It is not within the scope of dentistry to diagnose and treat independently the condition of obesity. Dental appliances aimed at weight loss may be prescribed if the condition is diagnosed by the proper authority.
    "If the condition is properly diagnosed and a lawful treatment plan is prescribed by a professional authorized to do so; the fitting and attaching of appliances could very well have dental health implications and a dentist may be involved in those services.” -- Interpretation of Article 133  § 6601– Dr. M.L.
 

“It is not within the scope of dentistry to diagnose and treat independently the condition of obesity. Dental appliances aimed at weight loss may be prescribed if the condition is diagnosed by the proper authority.”
" If the condition is properly diagnosed and a lawful treatment plan is prescribed by a professional authorized to do so, the fitting and attaching of appliances could very well have dental health implications and a dentist may be involved in those services.” -- Interpretation of Article 133  § 6601– Dr. ML.