After taking nine months to respond to the question of the ability of Dentists to do point of care testing for COVID-19, the NYS Education Department's Office of Counsel gave the opinion that COVID-19 point of care testing is not within the scope of practice of dentistry.
In a letter dated July 27, 2021, NYSDA has informed the Commissioner of Education that NYSDA "will not be disseminating or following the...opinion of the Office of Counsel for the New York State Education Department. This factually incorrect and legally unsupportable opinion would require dentists to do actual harm to their patients and cannot be followed."
The strongly worded letter goes on to point out the Counsel's "failing to research the issue in any meaningful way, failing to consult with dental experts,...circular and illogical reasoning
"...and "no desire to discuss the matter with any experts."
Concluding that the "opinion flies in the face of plain common sense
"...and "should be rescinded and replaced with one that can be followed.
To read the Office of Counsel's original opinion and NYSDA's response in full, see below:
NYSED Point of Care Testing by Dentists Opinion
NYSDA Reply Letter to Commissioner of Education