Novel Coronavirus (COVID-19)

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public under the NYS HERO Act ended. Private sector employers, which includes private dental practices, are no longer required to implement their workforce safety plans. Patient masking is no longer required.

On February 12, 2023, the NYS Department of Health updated recommendations for the use of masks and face coverings in healthcare facilities, i.e., hospitals; nursing homes; home healthcare and hospice agencies; diagnostic and treatment centers; office-based surgery practices and all other facilities regulated under Articles 28, 26 and 40 of the Public Health Law. Operators of these facilities are now advised to implement masking policies based on current CDC guidance and transmission levels.

NYSDA continues to recommend that all dental healthcare providers (DHCP) wear masks in the dental office setting as best clinical practice. 

The New York State COVID-19 Paid Sick Leave Legislation guarantees leave to employees who are subject to a mandatory or precautionary order of quarantine or isolation issued by the State of New York, the New York State Department of Health, a local board of health, or any other authorized governmental entity due to COVID-19.

Specifically, the law requires:
-- Private employers with 10 or fewer employees and net income of one million dollars or less in the previous tax year to provide unpaid sick leave until the termination of the quarantine/isolation order.
-- Private employers with 10 or fewer employees and net income over one million dollars in the previous tax year and private employers with between 11 and 99 employees, regardless of income, to provide at least five (5) days of paid sick leave, followed by unpaid sick leave until the termination of the quarantine/isolation order.
-- Private employers with 100 or more employees to provide at least 14 days of paid sick leave, followed by unpaid sick leave until the termination of the quarantine/isolation order.
-- Public employers, regardless of size, to provide at least 14 days of paid sick leave during the quarantine/isolation order, paid at the employee/officer’s “regular rate of pay for those regular hours during which [he or she] is absent from work” due to the order. For purposes of this provision, the term “public employer” includes, but is not limited to, the state, counties, cities, towns, villages, school districts and BOCES, government entities operating colleges or universities, public improvement or special districts, and public authorities, commissions, and benefit corporations.

See Full Guidance

The decision to continue to perform temperature checks and patient screening before treatment is based on professional judgement. There is no mandate currently in place to do so.

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the NYS HERO Act ended. Private sector employers, including private dental practices, are no longer required to implement their workforce safety plans.

Although there is no executive order in place for private dental practices, many COVID-19 protocols are recommended by the CDC. Private dental practices should use professional judgement when determining practice policies.

The NYS Department of Health has updated its Advisory on Return-to-Work Protocols for Healthcare Personnel with SARS-CoV-2 Infection or Exposure to SARS-CoV-2.

Notwithstanding official designations by a governmental body, private dental practices may decide if the staffing shortages they are facing are “conventional,” “contingency” or “crisis.”

 

Work Restrictions for Healthcare Personnel
	Vaccination status	Conventional	Contingency	Crisis
Infected	Boosted, fully vaccinated	CDC Conventional Strategies: 10 days; or 7 days with negative test; asymptomatic or mildly symptomatic and improving	NYSDOH Shortening Isolation: 5 days, asymptomatic or mildly symptomatic and improving	Facilities contact NYSDOH and follow CDC Crisis Strategies
	UN-boosted, fully vaccinated	CDC Conventional Strategies: 10 days; or 7 days with negative test; asymptomatic or mildly symptomatic and improving	NYSDOH Shortening Isolation: 5 days, asymptomatic or mildly symptomatic and improving	Facilities contact NYSDOH and follow CDC Crisis Strategies
	Not fully vaccinated	CDC Conventional Strategies: 10 days; or 7 days with negative test; asymptomatic or mildly symptomatic and improving	CDC Conventional Strategies: 10 days; or 7 days with negative test; asymptomatic or mildly symptomatic and improving	Facilities contact NYSDOH and follow CDC Crisis Strategies
Exposed	Boosted, fully vaccinated	CDC Conventional Strategies: No work restrictions, negative test on days 2 and 5-7	CDC Contingency Strategies: No work restrictions	CDC Crisis Strategies: No work restrictions
	UN-boosted, fully vaccinated	CDC Conventional Strategies: 10 days, or 7 days with negative test	CDC Contingency Strategies: No work restrictions with negative tests on days 1, 2, 3, and 5-7	CDC Crisis Strategies: No work restrictions (test if possible).
	Not fully vaccinated	CDC Conventional Strategies: 10 days, or 7 days with negative test	CDC Contingency Strategies: No work restrictions with negative tests on days 1, 2, 3, and 5-7	CDC Crisis Strategies: No work restrictions (test if possible).

It is legally permissible to require a vaccine mandate for your employees, but it is not without liability risks, and must be done carefully and correctly to avoid those risks. NYSDA advises members to review the matter thoroughly with their attorneys. Matters to review are:

• how to handle religious objections, objections based on employee disabilities and objections arising from medical contraindications;
• liability coverage for risks of adverse reactions to mandatory vaccinations;
• how to handle employee refusals to be vaccinated;
• how to handle employee privacy rights when an employer retains employee medical information and what can and cannot be asked of an employee regarding medical information or disclosed to others, such as patients;
• how to handle breakthrough infections should they occur for vaccinated employees.

U.S. Equal Employment Opportunity Commission (EEOC) Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) has issued guidance for employers on office policies in relation to the novel coronavirus (COVID-19) pandemic. The EEOC notes that while mandatory COVID-19 employee vaccination policies are permissible, there are many legal considerations that must be addressed properly. Dental employers wishing to implement a mandatory COVID-19 vaccination policy for employees should contact their attorney for help navigating the legal and liability issues involved. You can read the announcement and summary of the EEOC COVID-19 guidance.

Terminating someone who has a religious objection, disability or medical contraindication for not getting the vaccine can be deemed an illegal act of discrimination. You should always consult your own attorney before asserting non-vaccination as grounds for termination.

Interviewing Potential Employees

It is prohibited to ask medical questions of any person you are interviewing for a job. Once you have made a conditional offer of a job, and prior to the offer being accepted, you can then ask about COVID-19 and vaccination status. The job offer can be withdrawn if the applicant’s answer is not acceptable to you as the employer. This is only applicable if the same process is followed for any applicant offered the same position.

You can advise applicants in advance that they will be asked about their vaccination status and that if an offer is made, the job offer would be conditional based on vaccination status.

Current isolation for the public is 5 days after a positive test and if they are asymptomatic or their symptoms are resolving (without fever for 24 hours), followed by 5 days of wearing a mask at all times when around others or in public. If symptomatic, a person must continue to isolate until no sign of fever for at least 24 hours. It is recommended that treatment of a COVID-19 positive patient is put off until 10 days after sign of symptoms or positive test IF the treatment is not an emergency.

Quarantine & Isolation for General Population

The dentist can ask for proof, but if the real question is whether you can refuse to treat someone who does not produce a vaccination card, or if you refuse to treat an unvaccinated patient generally, then the answer is “no”.  The only purpose in asking for the card would simply be to verify dates of immunity, which might affect how you chose or conduct treatment/prescribing. 

COVID-19 is considered a disability in New York State. Similar to HIV, a provider cannot discriminate against a person out of fear of COVID-19. Creating a provision to provide care to only vaccinated persons is not advised. As with any office policy created for your practice, we advise you to seek legal counsel for review. DHCP can safely provide care in a dental practice by adhering to current CDC guidance.

View More

DHCP who have been exposed to a COVID-19 positive person and are fully vaccinated and boosted DO NOT have any work restrictions as long as they do not test positive and no symptoms develop. The CDC recommends testing immediately (but generally not earlier than 24 hours after the exposure) and, if negative, again 5-7 days after the exposure. DHCP should follow all recommended infection prevention and control practices, including wearing proper PPE, monitoring themselves for fever or symptoms consistent with COVID-19, and not reporting to work when ill or if testing positive for SARS-CoV-2 infection.

Full Guidelines

Terminating someone who has a religious objection, a disability or a medical contraindication for not getting the vaccine can be deemed illegally discriminatory, so a dentist should consult their own attorney before asserting non-vaccination as a grounds for termination. 

You may not ask job applicants about COVID-19 vaccination status unless you have made an offer of a job to the candidate. Then you may ask as part of a pre-employment physical, provided that the same is done for all other employees and not just that one person. In general, you may never ask job applicants questions about their health unless the issue is directly related to requirements of the job.

Dentists cannot diagnose COVID-19 or COVID-19 immunity, but they can perform physical examinations of patients, which includes ordering and doing certain lab tests.

You must register as a dentist-owned laboratory with the New York State Department of Health POLEP (Physician Owned Laboratory Evaluation Program) and report results. To register with POLEP, go to: https://www.wadsworth.org/regulatory/polep.
 
CLIA is short for the federal law called the “Clinical Laboratory Improvement Amendments”.  For dentists, these CLIA-waived tests are not for diagnostic purposes, but are screening tools for making appropriate referrals for medical care by physicians where appropriate prior to dental treatment.

View our full Point-of-Care (POC) Testing page for more information. 

COVID-19 has created varying situations for families at home and at work. The Families First Coronavirus Response Act (FFCRA or Act) expired December 31, 2020. New York State has its own leave for COVID-19.

New York State COVID-19 Paid Sick Leave Legislation

The New York legislation, which took effect immediately upon former Governor Cuomo’s signature on March 18, 2020, as Chapter 25 of the Laws of 2020, guarantees leave to employees who are subject to a mandatory or precautionary order of quarantine or isolation issued by the State of New York, the New York State Department of Health, a local board of health, or any other authorized governmental entity due to COVID-19. View specifications of the law:

NYS COVID-19 Paid Sick Leave Legislation Quick Facts
New Paid Leave for COVID-19

NYS COVID-19 Paid Sick Leave Legislation

On March 12, 2021, former Governor Andrew Cuomo signed legislation granting public and private employees time off to receive the COVID-19 vaccination. This legislation was effective immediately.

Under this new law, employees are granted up to four hours of excused leave per injection that will not be charged against any other leave the employee has earned or accrued. 

View the full release 
View the bill

Mask Mandate Lifted for the Public
Governor Hochul announced that the statewide indoor business mask-or-vaccine requirement was lifted effective Thursday, February 10, 2022. It will remain in effect in certain settings, including public transportation centers, hospitals, and all healthcare settings regulated by the NYS Department of Health. View Full Release & Winter Toolkit

What does this mean for patients?
Since private dental offices are not regulated by the NYS Department of Health (NYSDOH), patient masking is no longer mandated by New York State in this setting. However, the Centers for Disease Control (CDC) still recommends masking for all people in a healthcare setting.  

What does this mean for staff?
The NYS HERO Act expired March 17, 2022 but NYSDA continues to recommend that all dental healthcare providers (DHCP) wear masks in the dental office setting. 

What does this mean for employers?
While NYSDOH and CDC provide guidance, they do not represent the force of law. Members should understand that it is well within their right to require masks in their private dental office. Not only is it allowable, it is considered prudent.

Local Municipalities May Still Enact Mask Mandates
Lastly, keep in mind that local municipalities may still enact their own indoor masking mandates, so be sure to check with your local governments.

Additional COVID-19 resources are available at www.nysdental.org/covid19.

(Reviewed May 15, 2023)

The New York State Dental Association (NYSDA) has always strongly supported vaccines and successfully advocated for dentists to be authorized to administer the COVID-19 vaccine during the public health emergency. 

New York State had previously mandated that all health care workers in state-run health care facilities be vaccinated for COVID-19. New York State now mandates that health care workers in all health care facilities, whether state-run or not, be vaccinated for COVID-19. 

NYSDA supports the right of dentists to use their professional judgement to decide what is best for their individual practices. In addition, NYSDA strongly encourages the vaccination of all health care personnel. Dentistry has always been a leader in patient safety and infection control and have enhanced their safety measures more than ever before.

We encourage you to seek legal counsel when creating a vaccine mandate policy for your practice.

• Legal services panel www.nysdental.org/legalresources
• EEOC Issues COVID-19 Guidance for Employers on Mandatory Vaccinations and Other Workplace Policies The United States Equal Employment Opportunity Commission (EEOC) has issued guidance for employers on a wide range of office policies in relation to the novel coronavirus (COVID-19) pandemic, including the topic of employers requiring COVID-19 vaccinations for employees. The EEOC notes that while mandatory COVID-19 employee vaccination policies are permissible, there are many legal considerations that have to be addressed properly. New York classifies COVID-19 as a disability eligible for disability benefits and the New York State Division of Human Rights has set up a hotline for questions about discrimination issues related to COVID-19 at: 1-888-392-3644.  Any dental employer looking to implement a mandatory COVID-19 vaccination policy for employees should contact their attorney to help navigate all the legal and liability issues involved.  You can read the EEOC announcement and summary of its COVID-19 guidance for employers below.
• EEOC COVID-19 Guidance. The EEOC updated "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws."  This technical assistance question and answer document provides guidance regarding COVID-19 and disability employment laws. Topics addressed include medical exams and information, reasonable accommodations, and vaccinations.

"What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws"

Centers for Medicare & Medicaid Services (CMS) at the Department of Health and Human Services is requiring workers at health care facilities (covered facility that receives federal funding like a hospital or long-term care facility) participating in Medicare or Medicaid to to be fully vaccinated.

Requirements
Press Release