February 2015 - New York State Dental Association

F E B R U A R Y
2 015
Volume 28
●
Issue 1
what’s inside
Sleep Better at Night
NYSDA members can benefit from a new
enhanced insurance program aimed at taking
the risk out of business . . . . . . . . . . . . . . . . . . . 3
A Fateful Day in Paris
A devastating fire in 1897 helped launch the
future of forensic dentistry . . . . . . . . . . . . . . . . 4
Holding on to What’s Yours
A restrictive covenant is one way to protect
your business assets . . . . . . . . . . . . . . . . . . . . . 6
Special Needs
Patients Focus of
May Summit
IN RESPONSE TO A GROWING FEAR that there
won’t be enough skilled oral health caregivers to
treat people with behavioral and developmental
New York State Certified Dental Assistants
disabilities, the New York State Dental Association
The increasing complexity of delivering dental services within established legal protocols requires
greater numbers of certified dental assistants. However, there are limited numbers of CDAs in
most counties of New York State, as well as restricted annual numbers of newly licensed CDAs.
demands of patient populations with special treat-
A
H. Barry Waldman, D.D.S., M.P.H., Ph.D.; Peter Balacky, B.S.
s of July 1, 2013, there were 1,225
New York State licensed and registered
certified dental assistants (CDAs) with
a primary mailing address in the state.
The New York State Board of Dentistry
recognizes RDA (registered dental
assistant) letters to be used following the name of a
CDA. Twenty-five additional New York State CDAs
have an out-of-state primary mailing address. (Note: all
data are based on the ordinary mailing address recorded
with the Office of the Professions. The address is not necessarily the licensee’s practice address.)1
Certified Dental Assistants
The practice of certified dental assisting is defined as
providing supportive services to a dentist in his or her
performance of dental services authorized under this
article. Such support includes:
l Provide patient education.
l Take preliminary medical histories and vital signs to
be reviewed by the dentist.
l Place and remove rubber dams.
l Select and prefit provisional crowns.
l
l
l
l
l
l
l
l
l
l
l
l
l
Select and prefit orthodontic bands.
Remove orthodontic arch wires and ligature ties.
Place and remove matrix bands.
Take impressions for study casts or diagnostic casts.
Remove periodontal dressings.
Remove sutures placed by a licensed dentist.
Take impressions for space maintainers, orthodontic
appliances and occlusal guards.
Remove temporary cement.
Apply topical anticariogenic agents to the teeth.
Apply desensitizing agents to the teeth.
Place and remove temporary separating devices.
Place orthodontic ligatures.
Take dental X-rays in accordance with Public
Health Law. (Note: In accordance with section 3515(4)
(c) of the Public Health Law and section 89.45 of the
Administrative Rules and Regulations for Public Health,
a person acting as a dental assistant, licensed or unlicensed, may operate radiographic dental equipment,
under the supervision of a licensed dentist, for the sole
will host a summit of dental professionals and policymakers to develop strategies for meeting the
ment needs. “The Impending Oral Health Crisis:
Ensuring Quality Dental Care and Access for New
York’s Most Vulnerable Patients” will take place
May 14-15 at the Legislative Office Building,
Empire State Plaza, Albany. It will look at, among
other issues, the impact of changing reimbursement
models and the readiness of future professionals to
meet the growing demand for caregivers caused
by an expected increase in the number of patients
with Alzheimer’s disease and dementia.
The summit will be hosted by NYSDA President
Elect David J. Miller and Carl H. Tegtmeier, chair of
the NYSDA Council on Dental Health Planning &
Hospital Dentistry.
Presenters at the summit will
include keynote speaker Robert Lewando, executive dental director, Blue Cross Blue Shield of
Massachusetts, and other experts from the dental
schools at Stony Brook University, New York
University and the University of Illinois; North
Shore Long Island Jewish Health System; Interfaith
Medical Center; the New York State Alzheimer’s
Association; and the New York State Office of
People with Developmental Disabilities Task Force
on Special Needs Dentistry.
continued on page 2
For more information, contact NYSDA. z
NYS Certified Dental Assistants continued from page 1
EDITOR
Kevin J. Hanley, D.D.S.
MANAGING EDITOR
Mary Grates Stoll
ADVERTISING MANAGER
Jeanne DeGuire
ART DIRECTORS
Kathryn Sikule/Ed Stevens
NYSDA OFFICERS
John J. Liang, D.M.D., President
David J. Miller, D.D.S., President Elect
Richard F. Andolina, D.D.S., Vice President
Mark J. Weinberger, D.D.S., Treasurer
Robert M. Peskin, D.D.S., Speaker of the House
Mark J. Feldman, D.M.D., Executive Director
Chad P. Gehani, ADA Trustee
PRINTER
Fort Orange Press, Albany
The NYSDA News (ISSN 1531-684X) is published quarterly, in
February, May, October and December, by the New York State
Dental Association, Suite 602, 20 Corporate Woods Boulevard,
Albany, NY 12211-2370. Subscription rates are $5 per year to
members of the New York State Dental Association; $10 per year,
or $2.50 per issue, for nonmembers. Periodicals postage paid at
Albany, NY. Send address changes to NYSDA News, Suite 602, 20
Corporate Woods Boulevard, Albany, NY 12211-2370.
Editorial and advertising offices are at
Suite 602, 20 Corporate Woods Boulevard, Albany, NY 12211-2370.
Telephone (518) 465-0044.
Fax (518) 465-3219.
E-mail [email protected].
Web site www.nysdental.org.
Foundation
Luncheon to Honor
Steve Gold
Proceeds to benefit fund established in his
name to benefit special needs children.
G. Kirk Gleason, D.D.S.
A FEW YEARS AGO, the New York State Dental
Foundation established the Gold Fund to collect money
for the treatment of children who are badly in need of
dental care but who are not able to receive it through
regular channels, such as private insurance, Medicaid
or Child Health Plus.
In establishing this award, the NYSDF Board commemorated the work and memory of former NYSDA
President Stephen B. Gold. Steve worked tirelessly to
improve access to care for children with special needs,
notably, leading NYSDA’s efforts to get insurance companies to cover anesthesia in cases where dental treat-
continued on page 5
purpose of routine oral radiography in which the
X-ray beam is limited to the patient’s head.)
l Perform such other dental supportive services
authorized by the dentist and consistent with New
York State laws, rules and regulations, provided
such functions are performed under the direct
personal supervision of a licensed dentist in the
course of the performance of dental services.2,3
“Direct personal supervision, for purposes of this
section, means supervision of dental procedures based
on instructions given by a licensed dentist in the
course of a procedure who remains in the dental
office where the supportive services are being performed….”2
To qualify for certification as a CDA, an applicant
shall fulfill the following requirements:
l Be at least 17 years of age.
l Possess a high school diploma or its equivalent.
l Successfully complete an approved one-year
course of study in dental assisting or an alternate
course of study in dental assisting acceptable to
the department.
l Pass an examination given by an organization
that administers examinations for certifying dental assistants and which is acceptable to the
department.2
Unlicensed Dental Assistants
Unlicensed dental assistants may continue to assist a
dentist chairside and take dental X-rays in accordance with the Public Health Law, but they may not
perform functions restricted by law in New York to
a licensed CDA or any other licensed professional. It
is a Class E felony for an unlicensed person (other
than a student in a registered dental assisting program) to do so. A Class E felony may be punishable
by a fine of up to double the gain from the crime or
$5,000, whichever is higher, and/or up to four years
in prison. Aiding and abetting three or more individuals in such illegal practice may also be subject to
felony prosecution.2
(Note: The Census Bureau annually documents the
increase in the number of employees in dental establishments, i.e., dentists, dental hygienists, dental assistants,
front and back office workers, etc. at the state and
county levels. 51.9 thousand individuals were employed
in New York State in 2011. There are no specific data
regarding the number of unlicensed dental assistants.4)
Distribution of Certified
Dental Assistants
There are far fewer CDAs (1,225 in 2013) in New
York State than there are dental establishments(1)
(9,237 in 2011). (Note: These numbers of CDAs and
dental establishments are the latest data that are available.
Statewide, in 2011 and 2012, respectively, “only” 114
and 98 licenses were issued to CDAs.1 Throughout this
presentation, available data for these two years are used to
review the distribution of CDAs. The “average” dental
establishment in the state has far less than one CDA, (i.e.
1,225 CDAs ÷ 9,237 establishments). While there is no
such thing as an “average” dental establishment, com-
(1) An establishment is a single physical location where services are performed. It is not necessarily identical to a
company or enterprise, which may consist of one or more
establishments. In addition, one or more practitioners
may be present in an establishment. Throughout this
presentation—except where specified—the term “dental
establishment” refers to facilities with employees that are
subject to federal income tax. Government agency programs (hospitals and health department clinics) are not
included. 4
parisons between averages (over time and between
locales) do provide a picture of the evolving practice of
dentistry.
l 30 New York counties with a total of 2,530 dental establishments had fewer than 10 CDAs per
county (a total of 147 CDAs).
l 32 New York counties with a total of 6,707
establishments had a total of 1,078 CDAs.
l 3 New York counties had 120 or more CDAs:
120 CDAs – Monroe County (Rochester area)
150 CDAs – Erie County
(Buffalo area)
204 CDAs – Onondaga
(Syracuse area)
l In 7 New York counties (Allegany, Cattaraugus,
Greene, Madison, Orleans, Oswego and Yates),
TABLE 1.
New York State Counties with 10 or More
Certified Dental Assistants: 2011, 20131,4
Dental
Certified Dental
EstablishmentsAssistants
COUNTY
(2011)(2013)
Albany
Allegany Broome
13626
9
13
66
29
Cattaraugus 2324
Chautauqua 4514
Chemung
3317
Dutchess
13930
Erie
421150
Greene
Kings
914
91718
Livingston
2316
Madison
1621
Monroe
Nassau
329120
1,07925
Niagara
7442
Oneida
8016
Onondaga
204132
Ontario
4639
Orange
13743
Orleans
713
Oswego
2445
Putnam
3811
Queens
2445
Rensselaer
5621
Saratoga
9934
Schenectady 6810
Steuben
2416
St. Lawrence
31
Suffolk
17
78248
Ulster
6232
Wayne
2419
Westchester 67611
Total for counties with 10+ CDAs
6,707
1,078
2
NYSDA NEWS / FEBRUARY 2015
the average establishment had more than one
CDA.
l The county with the greatest number of dental
establishments (1,438) New York (Manhattan) had
8 CDAs, followed by Nassau County with 1,079
dental establishments and 25 CDAs (Table 1).
of the complexity of requirements and the licensing
process, associated expenses and limitations in the
eventual employment compensation, the need exists
to exam the entire process if we are to attract sufficient numbers of individuals to join the team of
dental professionals. z
Challenge
Queries about this article can be sent to Dr. Waldman at [email protected].
The increasing complexity of delivering dental services within established legal protocols requires greater numbers of CDAs. The reality, however, is that
there are limited numbers of CDAs in the state and in
most counties of the state. For example, 38.7 percent
of CDAs are in three counties (Erie, Monroe and
Onondagas). In addition, there are limited annual
numbers of newly licensed CDAs. Whether because
3. NY State Education. Office of the Professions. Law:
Article 133, Dentistry and Dental Hygiene [and Certified
Dental Assisting] Website: http://www.op.nysed.gov/
prof/dent/article133.htm. Accessed December 12, 2013.
4. Census Bureau. 2011 County Business Patterns. Website:
http://censtats.census.gov/cgi-bin/cbpnaic/cbpcomp.pl.
Accessed December 11, 2013.
REFERENCES
1. NYS Dentistry Licensing Statistics. Office of the
Professions—Dentistry. Website: http://www.op.nysed.
gov/dent/dentcounts.htm. Accessed December 11, 2013.
2. NY State Education. Office of the Professions. Questions
& Answers about Working as a Dental Assistant. Website:
http://www.op.nysed.gov/prof/dent/dentasst.htm.
Accessed December 12, 2013.
Dr. Waldman is distinguished teaching professor, Department of General Dentistry,
School of Dental Medicine, Stony Brook University, Stony Brook, NY.
Mr. Balacky is in his fourth year in the School of Dental Medicine.
SoFi Can Save You Thousands
on Your Student Loan Debt
Taking the
Risk out of
Business
NYSDA-endorsed enhanced
business insurance program offers
members business, liability and
cyber protections.
NYSDA Support Services has endorsed
a new member insurance program that
offers policies to help protect Association
members from business risks. It is being
offered by Arthur J. Gallagher & Co., a
nationally ranked insurance brokerage
firm, through its Albany office.
The core policy in the program is a
business owner’s package that insures
business personal property and provides general liability coverage specifically suited for dental offices. Another
important offering is workers’ compensation insurance, a state-mandated coverage. Many carriers provide workers’
compensation, but this policy will be
offered as a dividend-eligible safety
group that has been established specifically for NYSDA members with offices
in New York State. This safety group
may produce a dividend based upon
the size and performance of all of the
dentists in the group. Considering that
dentistry has a comparatively low claims
rate in workers’ compensation, this
should greatly benefit insureds.
There will be two additional enhancements offered through this program to
help protect dental practices from exposures not typically covered under general
liability policies. The first is employment
practices liability insurance (EPLI), which
protects owners from wrongful acts arising from the employment process. Claims
continued on page 11
3
NYSDA NEWS / FEBRUARY 2015
SoFi, the endorsed student loan refinancing program
of NYSDA, has lowered its rates again. SoFi now offers
15-year variable rates starting at just over 3% APR. They
also provide NYSDA members a $500 Welcome Bonus.
For details, terms and conditions and to apply, go to www.sofi.com/nysda.
For more information about this and other Endorsed Programs call: 800-255-2100
From Ashes to Scientific Advancement
A Belle Époque blaze results in the first forensic odontology text.
William James Maloney, D.D.S.
M
When the fire was finally put out, 126 people had lost their lives.
any times, social, political
and scientific reforms are
born out of the ashes of horrific disasters. In the aftermath of these terrible events,
the need for improvements and enhancements to
various standards and procedures becomes very
obvious.
The 1911 Triangle Shirtwaist Factory Fire in
New York City’s Greenwich Village brought
about many worker safety reforms. The
Chernobyl Nuclear Plant accident in 1986
resulted in scientific and medical advances. An
event known as “Le Bazar de la Charité” is
monumental in dental history, as this Parisian
tragedy resulted in the world’s first forensic
odontology text.
The bazaar was a prominent social function
put on in early summer by the French Catholic
aristocracy1 to raise money for projects that would
benefit the indigent of Paris. It had been held
annually since 1885. The event took place in a
wooden structure almost 200 feet long and over
62 feet wide with improperly marked exits.2 The
interior ceiling was covered with fabric and had a
decorative, gas-filled balloon suspended from it.
On May 4, 1897, the second day of the
planned four-day event, the crowd anxiously awaited a cinematographic exhibition. The cinema camera was illuminated by a Molteni ether lamp, which
provided very poor lighting for the projectionist.
His assistant, trying to provide more light, struck a
match, setting off a deadly explosion.
One eyewitness account described seeing a
woman running into the street screaming “fire.”
Onlookers could see only a small amount of
smoke rising from the structure until, suddenly,
the roof of the wooden edifice burst into flames.
A mad rush from the building ensued as men
and women, many with their hair and clothes
ablaze, desperately tried to escape the inferno.3
Over a period of only 10 minutes, the fire would
take 126 lives and cause extensive physical injury
to an additional 200 people.
Many of the bodies were burned beyond
recognition. This posed an obvious dilemma in
trying to identify the victims. Ultimately, the
majority of the victims were identified by jewelry
or other personal effects, as most of the victims
were the elite of Parisian society and were wearing unique and recognizable items. However, 30
unidentified corpses remained. It was suggested
by the Paraguayan Consul that the dentists of the
missing persons be called in an attempt to identify the bodies.4
Drs. Burt, Brault, Duourneau, Davenport
and Godon were summoned to the hall of the
Palais de l’Industrie, where the unidentified
bodies had been placed. Fortunately, these dentists had kept meticulous records. The dental
services they had provided included extractions,
crowns, and various amalgam and gold restorations.5 All but five of the victims were subsequently identified.5
Dr. Oscar Amoedo was a Cuban born dentist who was working in Paris at the time of the
tragedy. Dr. Amoedo was a graduate of New York
College of Dentistry (later to become New York
University College of Dentistry). He saw the significance of the dental forensic work done by his colleagues in identifying the victims of the fire. Dr.
Amoedo subsequently made a presentation before the
Medical Congress of Moscow concerning the dental
forensic efforts at the charity bazaar. His presentation
was also published in Dental Cosmos 6 in November
of 1897. He spoke of the lessons learned from the
Parisian tragedy, the importance of maintaining
proper dental records, the fact that the teeth are often
one of the few bodily structures that remain intact
after a disaster, and the unique ability of dentists to
aid in the identification process of human remains. In
1898, Dr. Amoedo published his book, “L’Arts
Dentaire en Medicine Legale.” And today he is
known as the father of forensic odontology for his
pioneering contributions and exemplary vision.
Today, on the site of the tragedy is the Chapel of
Our Lady of Consolation, which was erected in 1901.
It contains many personal items taken from the disaster. The event is commemorated annually in Paris as
the many people who lost their lives in such a horrific fashion are remembered.
The Le Bazar de la Charité of 1897 truly was a
tragedy. However, much good has sprung forth over
the many decades from the embers of the bazaar’s
pine wood edifice. Among the various social and
political reforms that resulted from the blaze was the
scientific foundation for the field of forensic odontology. Dr. Amoedo had the ability to see the unique
contributions dentists are able to provide in times of
disaster and the wisdom to publish his groundbreaking text. His forensic odontology texts provided the
structure for the healing work that forensic dentists
provide today in tragedies around the globe. z
Dr. Maloney is a clinical associate professor in the
Department of Cariology at New York University, New York,
NY. Queries about this article can be sent to Dr. Maloney at
[email protected].
REFERENCES
1. The Brisbane Courier. Terrible disaster. May 8, 1897.
2. Blume M. Remembering a Belle Époque inferno in Paris.
The New York Times April 28, 2008.
3. The Free Lance. Paris in mourning. May 8, 1897;13(44).
4. Singh K, Anandani C, Bhullar RK, Agrawal A, Chaudhary
H, et al. (2012) Teeth and their secrets—forensic dentistry. J Forensic Res 2012;3:141.
5. Bruce-Chwatt RM. A brief history of forensic odontology since 1775. Journal of Forensic and Legal Medicine.
April 2010;17(3):127-130.
6. Amoedo O. The role of the dentist in the identification
of the victims of the catastrophe of the “Bazar de la
Charité,” Paris, 4th of May 1897. Dental Cosmos Nov
1897; 39(11):905-912.
4
NYSDA NEWS / FEBRUARY 2015
John Santopolo Dies
Active in Nassau County, NYSDA.
John L. Santopolo, D.D.S., M.Sc.D.,
died Jan. 5 as the result of a traffic
accident near his Nassau County
dental office. He was 65.
Dr. Santopolo was an active
member of organized dentistry,
having served in a variety of posts
John Santopolo
on both the component and state
levels over many years. At the
time of his death, he was a Board member and treasurer of Nassau County Dental Society; a NYSDA
Delegate; and a member of the New York State
Dental Foundation Board, The New York State
Foundation Honors
continued from page 2
ment could only be
done in a hospital
setting.
The children we
help through the
Gold Fund are those
who have fallen
through the cracks of
the healthcare system
Stephen B. Gold and
often
need
expensive care. They
rely upon volunteer dentists and limited
operating room availability. The Gold
Fund is a valuable financial resource
(with awards ranging from $1,000 to
$5,000) for needy young patients that
enables them to receive follow-up dental
treatment that their families otherwise
could not afford.
This June, during the NYSDA House
of Delegates meeting, the foundation will
host its annual Foundations of Excellence
Luncheon, the proceeds of which will go
toward the Gold Fund. This is an excellent
opportunity for NYSDA members to
remember Steve and to show support for
the causes he championed. It cannot be
stressed enough that the major goal of this
fund is to make grants to facilitate the oral
healthcare treatment of disadvantaged
and/or at risk children in New York State.
This is money that goes to actual care, not
to posters or giveaways.
The NYSDA and NYSDF websites will
have information about the luncheon as
we head into spring 2015. And members
of the House of Delegates will be notified
by mail. The NYSDF website (www.nysdentalfoundation.org) also includes a
direct link to enable you to easily make a
donation to the Gold Fund.
In the meantime, please contact me
or Laura Clark Leon, NYSDF Executive
Director, to receive more information
about the Gold Fund.
I hope you will join us in June as we
celebrate and honor Steve Gold and the
mission he shared with the foundation—
improving the oral health of all New
Yorkers. z
Dr. Gleason is chair of the New York State Dental Foundation
Board of Trustees.
5
NYSDA NEWS / FEBRUARY 2015
Dental Journal Editorial Review Board and the
Nassau Academy of Dentistry.
A 1975 graduate of Georgetown University
School of Dentistry, Dr. Santopolo went on to
complete a general practice residency program at
Peninsula Hospital and endodontics training at
Boston University. Founder and president of Long
Island Endodontics in Woodmere and Merrick, Dr.
Santopolo had practiced dentistry for nearly 40
years. He achieved life membership in NYSDA
this year.
He is survived by his wife, Beth; daughters Jill,
Alison and Suzanne; and granddaughter, Lilly May. z
Catching up in Chicago
NYSDA President Elect David J. Miller greets New York State
colleagues who made presentations at ADA Presidents-Elect
Conference in January in Chicago. Maria Maranga, left, ADA
Council on Membership, spoke to the gathering about the ADA
Diversity and Inclusion Plan. Reneida Reyes, president of the
ADA Foundation, provided an update on foundation initiatives.
Asset Protection
If your desire to hire an assistant is outweighed by fear of losing your practice to a competitor,
you’re overlooking the value of a restrictive covenant.
Jennifer Kirschenbaum, J.D.
"V
acation sounds nice. It would
sound even nicer if I had adequate practice coverage, someone I could trust in the office
with patients and the staff, someone responsible who knows my practice, my methods and
my patients.” Sound familiar? Possibly something you’ve
said yourself countless times? It’s a sentiment that is shared
among your colleagues, who have also built a successful
practice and now find that they are their practice.
Are Credit Card Fees
Eating Away at Your Profits
Then maybe it’s time you switched to Best Card. Best Card
not only offers low rates but it works with dental offices to
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For more information about this and other Endorsed Programs call: 800-255-2100
The desire to have assistance is often outweighed by
another dominant concern: the threat of someone
coming in and taking what is yours—your practice,
your staff, your patients and your revenue. These
contradictory and tantamount considerations—
autonomy and freedom vs. protecting income and,
often, a life’s work—are difficult to balance. One
form of protection is to address these issues through
agreement, that is, agreeing on certain safeguards
related to your practice’s proprietary value, specifically through implementation of
restrictive covenants. They would
have the effect of prohibiting solicitation of staff and patient base,
protecting confidential information
and, the most controversial protection, restricting an individual’s ability to work within a geographic
range for a specified period of time
during and potentially after the
termination of the relationship,
commonly known as, although in
actuality only one type of, “restrictive covenant.”
In dentistry there is a lot of
confusion surrounding the appropriate use of restrictive covenants
with employees and independent
contractors, such as, when is the
right time to attempt to implement
such a restraint on another individual? Will the individual elect to pass
on working with me and instead
elect to go somewhere else where he
or she is not restricted? And, finally,
are restrictive covenants enforceable? This article will discuss and, I
hope, clarify certain of these considerations.
Based
in Law
Consideration of using restrictive
covenants in general is moot if
they are not enforceable. So, we
start by addressing this question.
In fact, New York courts have a
long history of enforcing restrictive covenants for dental professionals, with some limitations. In
1971, the Court of Appeals of
New York issued a landmark ruling in Karpinski v. Ingrasci, 28
N.Y.2d 45 (N.Y. 1971). In that
case, Dr. Karpinski, an oral surgeon, had operated a solo practice
in Auburn, Cayuga County, for
many years. In 1953, he decided
to expand, which he did by marketing successfully in the four
neighboring counties of Tompkins,
Seneca, Cortland and Ontario. He
subsequently opened a second
office in Ithaca and recruited an
employee, Dr. Ingrasci, a local oral
surgeon who had just completed
his training. The two entered into
an employment agreement in June
6
NYSDA NEWS / FEBRUARY 2015
1962 with a three-year term, that contained a restrictive covenant prohibiting Ingrasci during the term of
his employment and forever thereafter from practicing oral surgery and/or dentistry in Cayuga, Cortland,
Seneca, Tompkins or Ontario counties, except in
association with Karpinski or if Karpinski terminated
Ingrasci’s employment and hired another oral surgeon.
When the employment agreement expired after
the third year, Ingrasci elected to leave the practice
and open his own office, which he did in Ithaca. As a
result, the majority of Karpinski’s referral sources
changed their referral patterns and started referring
patients to Ingrasci. Karpinski was forced to close his
Ithaca practice.
Not taking the course of events lightly, Karpinski
initiated a lawsuit to enforce the restrictive covenant. In
its analysis, the Court acknowledged Ingrasci clearly
breached his restrictive covenant; however, the mere
fact of the violation did not immediately warrant
recovery by Karpinski, mainly because of the “powerful
considerations of public policy which militate against
sanctioning the loss of a man’s livelihood.” Purchasing
Assoc. v. Weitz, 13 N Y 2d 267, 272; see Millet v.
Slocum, 5 N Y 2d 734, affg. 4 A D 2d 528; Lynch v.
Bailey, 300 N. Y. 615, affg. 275 App. Div. 527;
Interstate Tea Co. v. Alt, 271 N. Y. 76, 80. Prior to
determining whether to restrict Karpinski, the Court
looked to the “reasonableness” of the sought restriction. It noted that it is firmly established doctrine that:
“a member of one of the learned professions, upon
becoming assistant to another member thereof, may,
upon a sufficient consideration, bind himself not to
engage in the practice of his profession upon the
termination of his contract of employment, within a
reasonable territorial extent, as such an agreement is
not in restraint of trade or against public policy”
(Ann., Restriction on Practice of Physician, 58 A. L.
R. 156, 162).
The Court explained that each
case depends to a “great extent” upon
its own facts. In the Karpinski case,
the Court found that the restricted
territory, “five small rural counties,”
which comprised the very area from
which Karpinski obtained his patients
and in which Ingrasci would be in
direct competition with him, was
“manifestly reasonable.” Also, in its
review, the Court determined that
the restriction would not be declared
invalid because it is unlimited as to
time, forever restricting Ingrasci; in
fact, under the circumstances, as
nearly all of Ingrasci’s practice was
and would be directly attributable to
his association with his former
employer, the restriction was enforceable despite the unlimited time.
It is important to state that
Karpinski did not win his entire
case. The Court struck down a
major portion of the restriction
against Ingrasci, specifically that
Ingrasci could not be prohibited
from practicing “dentistry.” The
Court explained that since Karpinski
7
NYSDA NEWS / FEBRUARY 2015
practiced only oral surgery and it was for this practice
that Ingrasci was hired, Karpinski went beyond permissible limits restricting Ingrasci from dentistry stating, “it is not reasonable for a man to be excluded
from a profession for which he has been trained when
he does not compete with his former employer by
practicing it.” Karpinski v. Ingrasci, 28 N.Y.2d 45
(N.Y. 1971).
Since Karpinski, restrictive covenants have been
repeatedly upheld in New York, so long as the
restriction is: reasonably limited in time, geographic area and scope; viewed as necessary to
protect the employer’s interests; not harmful
to the public; and not unduly burdensome
(see Battenkill Veterinary Equine P.C. v.
Cangelosi, 1 A.D.3d 856 (N.Y. App. Div. 3d
Dep’t 2003)). In the enforcement of restrictive
covenants among professionals, great weight is
given to the interests of the employer in
restricting competition within a confined geographic area. The rationale, therefore, is that
professionals are deemed to provide unique or
extraordinary services (see Bdo Seidman v.
Hirshberg, 93 N.Y.2d 382, 389 (N.Y. 1999)).
In fact, the interests of the employer have
enjoyed solicitous consideration by the courts
when the restrictive covenant is in an employment agreement between doctors (see Gelder
Medical Group v. Webber, 41 N.Y.2d 680
(N.Y. 1977); Albany Med. College v. Lobel,
296 A.D.2d 701 (N.Y. App. Div. 3d Dep’t
2002); North Shore Hematology/Oncology v.
Zervos, 278 A.D.2d 210 (N.Y. App. Div. 2d
Dep’t 2000).
That’s not to say that every restriction will
be upheld, however. More recently, in 2005, the
Supreme Court of Monroe County struck down
a restrictive covenant as unreasonable because
the defendant was “not in a position to use any
means of unfair competition.” In Oak Orchard
Community Health Ctr. v. Blasco, 8 Misc. 3d 927
(N.Y. Sup. Ct. 2005), the defendant pediatrician
signed a contract containing a restrictive covenant that
prevented her from setting up a pediatric practice
within 10 miles of the one she left. But when her former employer sued her for trying to set up a practice
only eight miles away, the Court again looked to the
continued on page 12
CLASSIFIEDS
FOR SALE
SARATOGA COUNTY: Exceptional dental practice in upstate
New York draws patients from many nearby communities.
Established over 18 years with solid, active patient base. Grosses
over $299K on just 1.5 days/week. 1,900 square feet, 3 ops,
private office and staff lounge are among many amenities offered.
New owner can expand to 5 days. Dentist wishes to retire.
Contact: (518) 371-0058; or email: [email protected].
MANHATTAN: Carnegie Hall area. Beautiful office in “white
glove” building. Top floor, window views. 5 ops, private office,
kitchen lab, interior bath. Mature, 32-year-old FFS practice.
Excellent opportunity to customize the pending lease to your priorities. Intraoral cameras, laser, wired for multi-station computers.
Please call (212) 246-0573; or email: [email protected].
MARYLAND, DC, VIRGINIA SALES: No buyer’s fees. St.
Mary’s, MD – 3 ops grossing $575K part time. High net. Near
Naval base. Carroll County – Retiring. 3-4 ops grossing $400K.
Restorative. College Park – Grossing $500K. Frederick – 3 ops,
retiring doctor, part-time practice grossing $375K. Call Polcari
Associates for more information: (800) 544-1297; or email: info@
polcariassociates.com.
MANHATTAN: General practice for sale in Midtown. Gorgeous
décor and equipment. Digital X-ray/pan, Dentrix and Dexis. 4 ops
equipped, 3 plumbed and ready to go. Great lease and location
right on Madison Avenue. Excellent signage. Average 40-50
patients/month. $800K gross on 3 days/week. Doctor moving out
of area. Price: $680K. 100% financing for qualified individual.
Contact: [email protected].
OUTSIDE ALBANY: Walk into success with this 36+ years established dental practice located just outside Albany. Approximately
2,400 square feet. 5 ops, doctor’s private office and staff lounge.
1,500 active patients waiting. Practice grosses over $450K on just
3 days/week. Real estate also available. Dentist wishes to retire.
Contact (518) 371-0058; or email: [email protected].
ALBANY: General practice for sale; owner retiring. 2013 gross
$912K. Asking $675K. Contact: (518) 588-9788; or email: [email protected].
CHEMUNG COUNTY: General practice grossing $680K, plus
real estate with rental income. High net. Seller wants buyer to
succeed and will help with transition. 5 ops, panograph, 1,800
square feet. Great long-term staff with loyal FFS patients.
Tremendous growth potential as seller does very little marketing
and refers out endo, perio, ortho and implant surgery. Contact
Dr. Tom Bonsack at (410) 218-4061; or email: [email protected].
PARAGON Practice Opportunities
“We Put the SUCCESS in SUCCESSion”
Syracuse: $2 MILLION/year, 7 ops. Beautiful!
Oneida County: $900K/year, 6 ops, fully computerized and
digital.
Syracuse: Perio. $785K/year, 50% overhead, LOTS of time off.
Rochester: $570K/year, 4 ops, <50% overhead.
Tompkins County: $875K/year <50% overhead! 1,800 active
FFS patients.
Suffolk: Oral Surgery. $1.7 million/year. State of the art.
Middle Westchester County: $880K/year, 800+ active FFS
patients.
Lower Westchester: 3-4 ops, $730K/year, 1,500 patients
almost all FFS.
Southern Suffolk: $500K/year, over 1,200 active patients.
Staten Island: 3 ops, digital + Pan. $680K/year on 3 days/
week. 1,000 patients.
Eastern Suffolk: 2 locations with $1.6 million total annual collections. Over 4,400 patients.
Visit our website www.paragon.us.com to learn more
about all of our opportunities or contact us today!
Dr. Jonathan S. Carey (Upstate NY)
Dr. Berdj & Katherine Feredjian (Downstate NY)
Phone: (866) 898-1867
Email: [email protected].
CHEMUNG COUNTY: General practice grossing $680K, plus
real estate with rental income. High net. Seller wants buyer to succeed and will help with transition. 5 ops, panograph, 1,800
square feet. Great, long-term staff with loyal FFS patients.
Tremendous growth potential as seller does very little marketing
and refers out endo, perio, ortho and implant surgery. Contact Dr.
Tom Bonsack at (410) 218-4061; or email: [email protected].
STATEN ISLAND: Port Richmond commercial district, half block
from P.S. 20. Free-standing dental office with 2 operatories, chairs,
supplies, equipment and furniture included. Asking $225K. Call
Dr. Ronald Altman at (908) 295-0672 and leave message.
ROCKVILLE CENTRE: Dental office building for sale on Merrick
Road. Five equipped operatories; 1,390 square feet on first level,
900 square feet on second level. Full basement with lab and onsite
parking. All equipment, cabinetry and furnishings included.
Periodontal practice to be continued elsewhere. Priced at $750K.
Call (516) 652-9238.
MIDTOWN MANHATTAN: 52nd Street and 1st Avenue. Dental
practice’s good will for sale. Gross $400K-430K. NO location/
premise/ or equipment involved. Please contact only if interested
in buying good will. 1,700 active patients. Mostly all insurances:
PPO, Unions, DHMO (approximately 240 DHMO patients),
approximately 275 patients FFS. Purchase Patients’ List only or buy
the list and hire dentist to work for 9-12 months at your office.
Negotiable depending on which way you wish to buy. Please
email: [email protected]; or call (646) 263-2980.
CATSKILLS: Are you ready for your own practice? Tired of urban
commute? Longstanding general practice for sale. 90 miles north
of NYC. Doctor retiring. Priced to sell. Contact: cala75@verizon.
net.
CAPITAL DISTRICT/LATHAM: Attractive office/building for
sale. Formerly periodontal office. 3-4 operatories with partially
finished basement of 1,200 square feet for storage and staff. Low
maintenance and prime location, just 1/2 mile from highway.
Contact (518) 469-3170; or email: [email protected].
ROCHESTER REGION: Successful general practice. 27 years at
newly revitalized, central location. Primed for growth. New X-ray,
Panorex, 3 ops, waiting area, private office and dental lab. 1,000
square feet, plus parking attached. Seasoned staff willing to stay.
Retiring doctor. Contact: [email protected].
WESTCHESTER COUNTY: Yorktown Heights. One hour from
NYC. Home/office. 40-year-old part-time practice providing fantastic opportunity in growing community to develop full-time practice. Attached but separate practice entrance. 2 operatories, one
fully operational, and private office. Truly unlimited potential with
nearly all specialist referrals. Separate residence has 6 bedrooms.
See MLS listing: 4440802. Email inquiries to: homeoffice4sale@
gmail.com.
PUTNAM COUNTY: NY border/southern CT. Well-established,
successful Perio practice with 35 new patients/month from NY and
CT. 3 operatories, fully digital; 1,000 square feet. Gross receipts
$772K. Practice drives 9 hygiene days/week via PPO and FFS.
Real estate also available for purchase, along with additional, connected, 450-square-foot office. Doctor ready to retire. Contact
Mike Apalucci at (718) 213-9386; or email: michael.apalucci@
henryschein.com. #CT108.
OTSEGO COUNTY: 13-operatory practice with room to grow.
Gross revenues exceed $1.3M. Selling doctor owns building. Real
estate also available. Near colleges. Digital X-rays, computers in
operatories and modern software. Contact Henry Schein
Professional Practice Transitions representative E. Scott Weinberger
by email: [email protected]; or call: (518)5129988. #NY105.
NORTHERN NY: Profitable FFS practice. Close to recreation.
Recent remodeling. Easy Dental, Dexis, soft tissue
laser. Low overhead. Ideal for satellite practice.
Grossing $366K. Contact Henry Schein
Professional Practice Transition representative
Marty Hare by email: Marty.Hare@HenrySchein.
com; or call (315) 263-1313. #NY117.
SYRACUSE – WESTERN SUBURBS: FFS general practice. 1,470-square-foot office; 4 operatories on lower level and full home rental with
income of $775 month. Growing community village with waterway. Main highways and major
shopping close by. Dedicated staff supporting
well-known retiring doctor. Contact Henry Schein
Professional Practice Transitions representative
Donna Bambrick at (315) 430-0643; or email:
[email protected]. #NY148.
SYRACUSE – WESTERN SUBURB: 4-operatory general practice. 2,000 square feet of leased
space in professional building in busy shopping
center. 3.5 working days. Eaglesoft. Net income
from $179K - $242K over last 4 years. Contact
Henry Schein Professional Practice Transitions
representative Donna Bambrick at (315) 4300643; or email: donna.bambrick@henryschein.
com. #NY143.
QUEENS: 2,000-square-foot, street-level office
with 4 ops and strong patient base. Insurancedriven practice. Fully digital with pan. Doctor
8
NYSDA NEWS / FEBRUARY 2015
relocating to NC and prepared to close quickly. Contact Henry
Schein Professional Practice representative Mike Apalucci by
email: [email protected]; or call (718) 213-9386.
#NY119.
$500K+ FFS practice. Fully digital; 4 ops; additional op ready for
expansion. Contact Henry Schein Professional Practice Transitions
representative Marty at (315) 263-1313; or email: marty.hare@
henryschein.com. #NY102.
COLUMBIA COUNTY: Small, part-time practice in beautiful
country setting. After decades, doctor seeks successor. Seller
extremely motivated. Gross just under $200K. 3 equipped operatories, 3 additional plumbed. Mix of FFS and insurance. Real
estate also available. Contact Henry Schein Professional Practice
Transitions representative E. Scott Weinberger by email: escott.
[email protected]; or call (518)512-9988. #NY114.
SUFFOLK COUNTY: FFS practice on North Shore of town of
Brookhaven. 1,100-square-foot office equipped with three operatories and additional plumbed room. Located in medical office building. Long-established practice with some specialty work referred
out. Asking $325K. Contact [email protected];
or call (516) 459-9258.
CAPITAL REGION: Well-established periodontal practice near
highways and major university. Strong hygiene numbers. Solid,
transferrable referral base. 6-7 operatories and digital X-rays. Mix
of FFS and insurance. New software and computers. Gross
receipts $800K +. Discounted for quick transition. Real estate also
available. Contact Henry Schein Professional Practice Transitions
representative E. Scott Weinberger by email: escott.weinberger@
henryschein.com; or call (518)512-9988. #NY107.
CAPITAL REGION: 3-operatory practice boasts digital pan, digital X-rays and Eaglesoft. Gross over $500K on limited work schedule. No insurance providers. 9 hygiene days/week. Impressive
net. Contact Henry Schein Professional Practice Transitions representative E. Scott Weinberger at (518) 512-9988; or email: escott.
[email protected]. #NY137.
SYRACUSE: Excellent practice, owner-operated since 1977.
Strong active patient base. Gross $784K/adjusted net $282K on
3.5 days. Dedicated staff in professional building 5 minutes from
downtown. Contact Donna Bambrick at (315) 430-0643; or email:
[email protected]. #NY112.
ORANGE COUNTY: Successful 3-day, part-time oral surgery
practice. 3 operatories and 4th available for expansion. 2,000
square feet; digital; located on main street. Real estate also available. Doctor ready to retire. Contact Henry Schein Professional
Practice representative Mike Apalucci at (718) 213-9386; or
email: [email protected]. #NY138.
CAPITAL REGION: 100% FFS family practice with healthy
finances. 4-operatory practice equipped with digital X-rays and
practice management software. Real estate for lease or purchase.
Uniquely located in affluent town with little dental competition.
Doctor willing to stay for transition or immediate sale. Contact
Henry Schein Professional Practice Transitions representative E.
Scott Weinberger at (518) 512-9988; or email: [email protected]. #NY144.
SOUTHERN FINGER LAKES: Steuben County. Well-established
FFS general practice. 1,200 square feet, 3 operatories, 5 employees. Services include diagnostic and restorative oral care. Dentrix
practice management software and panographic X-ray. Over 2,500 active patients and gross
receipts of $908K. Doctor to retire. Please
contact Henry Schein Professional Practice
Transitions representative Christina Palma at
(585) 370-5301; or email: christina.palma@
henryschein.com. #NY141.
HUDSON VALLEY: Ulster County. Digital,
3-operatory practice running Eagelsoft. Access
to NYC. Grossing over $400K on limited work
schedule. Operatories with soft tissue laser,
computer stations and intraoral cameras. 100%
FFS. Contact E. Scott Weinberger at (518) 5129988; or email: [email protected]. #NY139.
HAMPTONS: Magnificently stylish 4-operatory periodontal office (2 equipped) in medical
complex. 1,200 square feet in exclusive zip
code. Paperless; Dentrix with Panorex; 3D
capable. FFS with some PPO. Great for solo
practitioner or multiple specialties. Call Henry
Schein Professional Practice Transitions representative Mike Apalucci at (718) 213-9386; or
email: [email protected].
#NY134.
CENTRAL NEW YORK: College town.
Married with children? Home/office offering
big city benefits in small town atmosphere.
9
NYSDA NEWS / FEBRUARY 2015
SYRACUSE: Eastern suburbs. Beautiful and highly visible office
with 6 ops. Digital X-ray/ pan, Eaglesoft. $300K part time (1.5
days/week). Incredible potential. New owner can expand to 5
days. Dentist wishes to retire. Building also for sale or lease.
Inquiries via email: [email protected];(315) 251-4324.
KINGSTON: General practice for sale. Retiring after 30 years.
Private; FFS; no insurance. High-quality, low volume. Emphasis
C&B, reconstruction, implant, cosmetic. 2 chairs with room for
expansion. Grossing $250K on 2-3 days; 16 hours/week. No
hygienist. Leased beautiful space. Staff will stay on. Inquiries to:
NYSDJ Box #F-201. Via email to: [email protected]. Include box
number in subject line.
WESTERN NASSAU: Well-established home/office with 3 operatories. PPO with FFS. 50% overhead. All specialties currently
referred out. Zoned residential with special use. Perfect for new
dentist’s first home and practice. Priced to sell. Contact: dr.scott.
[email protected]; or call (516) 459-9258.
BAYSIDE, QUEENS: Home/office in lovely, 2-family building in
great area. Three well-equipped operatories on street level and
second floor rental. Ideal for young dentist with small children.
Gross $350K part time. Contact: [email protected].
FOR RENT
MIDTOWN MANHATTAN: Beautiful new, large-windowed
dental operatories for rent. Pelton Crane equipment, massage
chairs, private office, front desk space and staff available.
Doorman; warm environment. Best location – 46th Street and
Madison Avenue. Please call (212) 371-1999; or email: karenjtj@
aol.com.
MIDTOWN EAST: Spacious, fully digital 1-2 operatories with/
without staff available for GP or specialist. Private elevator; office;
Panorex and lab on premises. Full- or part-time arrangement available. Please contact: [email protected].
WHITE PLAINS: Modern state-of-the-art operatories available in
duplex office with reception. Available FT/PT. Turnkey. Rent
includes digital radiology with Pan, equipment, Nitrous, all disposables. Start-up or phase down. Need a satellite or more space?
Upgrade and down size. Please call (914) 290-6545; or email:
[email protected].
MANHATTAN: Brand new dental operatory available FT/PT in
upscale specialty office. 2 blocks from Grand Central Station. New
equipment; CBCT available. Elegant office with windowed operatory in 24/7 building with M-F concierge. Front desk space
included with rental. Separate patient (handicap-accessible) and
staff lavatories included. Congenial environment. Only dental
specialists need apply. Reasonable rent. Must see to appreciate.
Contact: [email protected]; or call (212) 685-8200.
MANHATTAN: Dental operatory for rent in our newly renovated
office located in Midtown at Madison Avenue and 52nd Street.
Please call (212) 688-2820; or email: [email protected].
HASTINGS ON HUDSON: Ideal rental opportunity for GP or
specialist. Dental office in beautiful professional building. 1,785
square feet. Full hookups for 4 operatories and wired for computers. Previously occupied for over 40 years of extremely successful
dental practice. 2 private bathrooms, lab, large reception/business office, sterilization area, private office, break room, spare
room. Handicap accessible. Ample parking. Just install equipment
and ready to go. Call (845) 358-4537 for more info.
MANHATTAN: Space available in established dental practice
recently renovated with modern facilities. First floor of luxury doorman building in desirable Murray Hill location. Daily rates also
available. Minimum 2 days/week. Please contact Camille at:
[email protected]; or (212) 532-0690.
NEW YORK: 750 square feet on ground floor of classic art deco
building at 103rd Street and Riverside Drive. Two blocks from #1
train. Ownership will do work for right tenant. Could be divided
into three or 4 operatories. $4,668/month; negotiable according
to amount of work required by landlord. Please contact James
Marquand, Charles Rutenberg Realty, at (718) 864-8144; or
email: [email protected].
MIDTOWN MANHATTAN: Available immediately. Up to four
brand new treatment rooms ranging in size from greater than
8x10, >9x12 to >12x18, along with front desk space and use of
sterilization and staff room areas. Rooms can be divided or combined. Owner willing to customize treatment rooms for your needs.
Optional private entrance and optional private waiting area.
Competitive market price based on number of rooms leased and
length of commitment. See pictures: www.AENYCproperties.com.
Call (212) 752-3636 or email: [email protected].
MANHATTAN: Beautiful dental office with 5 Pelton Crane chairs,
ICAT scanner, digital radiographs, etc. Looking for 2 excellent
general dentists to set up shop with us. We will be bringing in
specialists and as a group will have low fixed expenses. Located
between 5th and 6th Avenues on 54th Street. If you are a great
dentist and would like more information, please contact: [email protected].
ISLIP: 2 operatories available 2-3 days/week for general dentist
or specialist. New equipment, digital X-ray. Reasonable rent.
Please contact Erick at (631) 581-0216.
MANHATTAN – CHELSEA: Busy large office as 2 ops available
PT or FT. New equipment in huge rooms with tons of light. Amazing
Chelsea/West Village location accessible by many subways and
PATH. Far less competition then Midtown. PPO/FFS practice with
2 GPs and 2 hygienists. Office space available for staff. Specialists
preferred but GPs welcome. Reply to: [email protected].
LONG ISLAND CITY, QUEENS: 5,000 square feet. Prime office
space in great location at Jackson and 47th Avenues. 24/7
access. Near subway lines 7, G, M, E; LIRR and Midtown Tunnel.
Please call (917) 716-3337; or email: [email protected].
EQUIPMENT FOR SALE
FOR SALE: Biolase/Waterlase I–plus. 2 years old. Mint condition.
Only used 5 times. Comes with 2 handpieces and burs. Original
price: $58K. Asking approximately $30K. Call (201) 788-8918.
SERVICES
TAXES: Your office, business or personal. Specialty dentists. Personable
CPA. Call Stuart A. Sinclair, CPA, at (516) 935-2086. Visit our website:
www.dentaxsolutions.com; or email: [email protected]. Offices
located at 1120 Old Country Road, Plainview, NY 11803.
PRACTICE MANAGEMENT EXPERTISE: Struggling to reach
your full potential? Not running your practice at full capacity? As
a former dentist with 20 years experience on the business end of
dentistry, I have an understanding of profession from both patient
aspect and financial side. Learn how to run your practice more
efficiently, increase revenues and exponentially grow your practice. Schedule free consultation today. Call Dr. Ronald Nemeroff at
(212) 223-2844.
OPPORTUNITIES
Take advantage of Quality, Discounted Services through
AVAILABLE
NYSDA Endorsed Services
BANKING
Bank of America
800-932-2775
800-497-6076
US Bank
888-327-2265
Practice Loans
Credit Card
FINANCIAL SERVICES
CareCredit
800-300-3046 (#5)
Altfest Personal
Wealth Management
888-525-8337
Patient Financing
Financial Planning
Best Card
877-739-3952
Credit Card Acceptance
SoFi
855-456-7634
Student Loan Refinancing
SurePayroll
866-535-3592
Payroll Processing
INSURANCE SERVICES
MLMIC 800-683-7769
888-263-2729
888-744-6729
Arthur Gallagher
888-869-3535
Liberty Mutual
800-526-1547
Long-term Care
844-355-2596
Professional Liability Insurance
Bronx, Manhattan,
Staten Island & Westchester
Brooklyn, Queens, Nassau & Suffolk
Other Counties
Other Business
Insurance
Auto & Home
Long-term Care Insurance
OTHER
Henry Schein
888-988-4804
Electronic Prescribing
Prosites
888-511-9467
Website Development
Demandforce
800-210-0355
SolmeteX
800-216-5505
Scientific Metals
888-949-0008
Patient Marketing
Amalgam Recycling
Precious Metals Refining
Mercedes
866-628-7232
Luxury Vehicles
Land’s End 800-490-6402
Apparel for Staff
UPS
800-636-2377
Delivery Services
For further information about NYSDA-Endorsed Programs
contact Michael Herrmann 800.255.2100
PEDIATRIC DENTIST: Williamsburg.
Pediatric dentistry residency program
has openings for 2 half-time BC BE
pediatric dentists. Brand new, 7-chair
facility at Woodhull Medical Center,
dedicated to children. Requires patient
care in OR and ambulatory care practice, as well as resident education.
Bilingual Spanish/English preferred.
Salary, 403B pension, plus full benefit
package, including malpractice, medical and dental insurance. Facility
provides pediatric dental care seven
days/week. Email one-page resume
to: [email protected].
PORT JERVIS, NY: Periodontist
wanted for part-time position in modern practice. Newly remodeled facility
with great staff. Please email CV:
[email protected].
CAPITAL DISTRICT: First Advantage
New York Dental seeking full-time
General Dentists to join our dynamic
Queensbury, Latham and Saratoga
Springs teams. 1st Advantage Dental New York was founded in 1978 and
affiliated with American Dental
Partners in 2000. Our specialty dentistry includes general restorative, oral
surgery, preventative/periodontics and
endodontics. We have Common
Treatment Philosophy. Offering competitive salary and excellent benefit
package, including 401k, health insurance and professional work environment. To learn more about American
Dental Partners and 1st Advantage
New York please visit: www.amdpi.
com and www.1stadvantagedental.
com. Apply today by emailing your
resume to: [email protected]; or
call (781) 213-3318.
VESTAL: General dentist needed for
private practice. Owner/Dentist retiring.
9-operatory office with 3 hygienists.
Office standards and friendly staff provide excellent care. Opportunity to own
practice. Please visit our website: www.
parkwaydentalpracticepc.com. Contact
Brenda Carter at (607) 798-7188; or
email: [email protected].
Fax resume to (607) 797-8435.
ROCHESTER: Pediatric dentist. For over 40 years, Western New
York Dental Group has been committed to providing quality oral
health care for our patients in Buffalo and Rochester areas. We
offer our patients full range of general dentistry and specialty care,
including pediatric dentistry, orthodontics, oral and maxillofacial
surgery, endodontics and periodontics. We are interested in speaking with Pediatric Dentists who would like to join our team full time
in Rochester area. Send CV and cover letter to: kateanderson@
amdpi.com.
MERRICK, NY: Established, 43-year-old practice in Merrick, NY
seeks board-eligible or board-certified, hardworking oral surgeon
for PT position leading to possible partnership for right individual.
Email CV and cover letter to: [email protected].
ALBANY: Restorative dentist wanted for growing group practice
established over 25 years. Modern office equipment, digital X-rays
and pleasant staff. Office focus is on preventive/restorative dentistry with emphasis on fixed restorative. Must have strong communication and clinical skills. Email resume to: Santoro.robert@
gmail.com.
ROCHESTER: Endodontist. For over 40 years, Western New York
Dental Group has been committed to providing quality oral health
care for our patients in Buffalo and Rochester areas. We offer our
patients full range of general dentistry and specialty care, including pediatric dentistry, orthodontics, oral and maxillofacial surgery, endodontics and periodontics. We are interested in speaking
with Endodontists who would like to join our team full time in
Rochester area. Interested candidates send CV and cover letter to:
[email protected].
SOUTHERN WESTCHESTER: PEDO/ORTHO group seeks clinically skillful, ambitious pediatric dentist who has interest in ownership opportunity. Contact: [email protected].
WEBSTER: General dentist position. For over 40 years, Western
New York Dental Group has been committed to providing quality
oral health care for our patients in Buffalo and Rochester areas.
We offer our patients full range of general dentistry and specialty
care, including pediatric dentistry, orthodontics, oral and maxillofacial surgery, endodontics and periodontics. We are interested in
speaking with Endodontists who would like to join our team full
time in Rochester area. Interested candidates send CV and cover
letter to: [email protected].
OPPORTUNITIES WANTED
MANHATTAN: Seeking rental for 1-2 days/week. Greenwich
Village area preferred. With or without staff. All arrangements
considered. Email: [email protected].
QUEENS: Fresh Meadows general dentist with full-time practice
and 11 months remaining on lease wishes to explore possible
office sharing arrangements for future in order to reduce overhead.
Respond to PO Box 146, Plainview, NY 11803.
ASSOCIATESHIPS AVAILABLE
CENTRAL NEW YORK: General dentist needed for busy practice. One, two or more days per week. Unlimited growth in
40-year-old practice. Located midway between Utica and Albany
near NYS Thruway. Good salary and working conditions. Email:
[email protected].
WESTERN SUFFOLK: High-quality, hi-tech, well-established
office seeks associate to work part time. All phases of general
dentistry. Any additional training a plus. Seeking enthusiastic individual with good communication skills. Exciting opportunity in
great area. Recent graduates with residency training welcome.
Email resume to: [email protected].
ITHACA: Associateship leading to partnership in well-established,
lucrative, FFS practice. 3-partner practice with one partner retiring.
Seeking individual with GP residency, military or general practice
experience. Beautiful Finger Lakes wine district. Home to Cornell
University and Ithaca College. Economically stable community
offering many advantages of large city in rural setting. Excellent
schools, parks, hiking trails, nearby ski slopes, theater, music and
art. Contact: [email protected]. Visit: www.ddsithaca.com.
PORT JERVIS: Associate dentist needed for immediately available position. General dentist with 27-year-old practice has FT or
PT opportunity available. Please send resumes to: sujapj141@
gmail.com.
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NYSDA NEWS / FEBRUARY 2015
ROCHESTER: Pediatric associate FT/PT for our happy non-insurance-based pediatric practice with potential for future advancement. No evenings or weekends. Does this sound appealing to
you? If so, please email resume to: [email protected]. We
look forward to hearing from you.
SYRACUSE: Seeking dentist competent in molar endo to work on
Fridays. Office uses rotary files. Please contact Dr. Laura by email:
[email protected].
MANHATTAN – CHELSEA: General dentist sought for PT associate position in FFS/PPO digitized modern, busy office. Must be
highly organized, possess superlative clinical and communication
skills, be proficient and comfortable in all areas of dentistry.
Minimum 3 years experience. Goal is to become FT long-term addition to our team. CV and availability to: [email protected].
WAPPINGERS FALLS: Enthusiastic associate wanted for progressive family practice. Well-established with 8 operatories performing comprehensive dentistry. Upgraded equipment, digital X-rays,
intraoral cameras, CAD/CAM CEREC machine and Casey patient
education system. Opportunity for advancement. Inquiries to:
[email protected]; or call (518) 878-5293.
WESTERN NASSAU COUNTY: Seeking associate who is ambitious and hardworking leading to takeover of well-established FFS
practice. Will be a win-win situation for recent graduate. Italian speaking a plus. Resume and references to: [email protected].
MIDTOWN MANHATTAN: Seeking highly motivated dental
associate with minimum 3 years experience for established dental
office. Must possess excellent clinical and communication skills.
Proficiency in all aspects of general dentistry, including molar endo
and Invisalign certification. Long-term, dedicated professional
wanted with established following a plus. Email: [email protected].
ASSOCIATESHIPS WANTED
MANHATTAN: Compassionate, competent and motivated general dentist seeks part-time or full-time associateship in private or
group practice. Please call (714) 345-4235; or email: [email protected].
Second District: Raymond Flagiello; Edward Jastremski.
Fourth District: Timothy Kelling.
Suffolk County: Lawrence Absatz; Christopher First.
C apitol C lub
Second District: Paul Albicocco; John Demas.
Eighth District: Frances De Plato; Kelly Truong.
Suffolk County: Scott Goldstein; Dimitrios Kilimitzoglou;
Arthur Lamia; Lynn Pierri; Howard Schneider.
Bronx County: David Stevens.
Taking the Risk out of Business
continued from page 3
NYSDA NEWS / FEBRUARY 2015
Blaustein & Gillen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Clemens Consulting . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Epstein Practice Brokers . . . . . . . . . . . . . . . . . . . . . . . . . 4
E-Vac . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Jacobson Goldberg & Kulb . . . . . . . . . . . . . . . . . . . . . . 7
Kirschenbaum & Kirschenbaum . . . . . . . . . . . . . . . . . . . . 3
MLMIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
NSS Endorsed Services . . . . . . . . . . . . . . . . . . . . . . 3 & 6
Paragon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
UB Continuing Education . . . . . . . . . . . . . . . . . . . . . . . 11
New York County: Aleksander Iofin.
11
Asher, Robert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
RMN Consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
H onor R oll
such as wrongful termination, discrimination, sexual
harassment and retaliation are covered under this
policy. Many dentists assume these risks are covered
by their professional or general liability policies, only
to find out they are not.
The second enhancement is cyber liability coverage. With an ever-growing number of cyber
breaches, this coverage will help protect key practice data, as well as patients’ personal information
and medical records. Typically, after a breach, there
are costs associated with monitoring credit, notifying all patients and vendors, and there is the actual
monetary loss resulting from the identity theft. These
are all covered under the cyber policy.
Information for this NYSDA-endorsed program
will be accessible through a dedicated website that
Aftco . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Ploumis, Eric . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
NYSDA Salutes its EDPAC Boosters
CONTRIBUTIONS from the following EDPAC boosters, all of which
were made in December 2014,
were received too late to include in
the December News. The donors’
names are presented here with the
thanks of the Association. Their
extra, voluntary contributions have
earned them a place on the EDPAC
Honor Roll (contribution of $250 or
more) and/or in the EDPAC Capitol
Club ($100 or more).
I n d e x To A d v e r t i s e r s
will simplify the enrollment process and offer a
variety of risk management solutions. It will include
information and other resources on continuity planning and how to prevent and minimize a loss. And,
in the unfortunate event of a claim, the website
also includes steps for filing a claim and resolving
the issue.
For more information on this program, call
Arthur J. Gallagher & Co. at (888) 869-3535, or
go to www.gallagheraffinity.com/nysda. If you
haven’t reviewed your business policies in a while,
or if you’ve been hit with large premium increases,
now may be the time to get a quote for these new
NYSDA policies. z
Asset Protection continued from page 7
surrounding circumstances in order to decide not to
enforce the restriction. In that case, the defendant
planned to set up a practice targeting a different patient
population than her former employer. She also expressly promised not to target any potential patients in the
immediate area of her former office, and planned to set
up her own practice in an area that did not, at that
time, have a pediatrician nearby. Considering all of
those factors, the Court decided that to prevent her
from opening her new office was not reasonable, and
so the defendant prevailed.
So, to answer our first question, whether restrictive covenants are enforceable, the answer is “yes,”
depending upon the scope and duration of the restriction, as well as the attenuating circumstances. We can
now address the practicalities of entering into a
restrictive covenant.
Based
in
Contract
For many of us, presenting terms of employment and
expressing our expectations is not always a simple task;
however, my recommendation is to be upfront and
transparent with expectations and terms. The restrictions accompanying the job benefits should be presented early on in your discussions, whether conveyed
verbally or documented in a letter of intent, offer letter,
email of job terms or the first draft of the employee’s
contract. While potentially uncomfortable for the
employer, restrictions limiting another person’s ability
to practice are expected by new hires and are enforceable by New York State courts in order to protect the
employer from a recognized and unacceptable threat to
his or her livelihood. Our standing precedent also
steers us in our drafting of such restrictions and guides
us to keep such provisions within reason.
That being said, the initial iteration of the proposed
restriction can be on the broader side, with the
employee responsible for negotiating, upholding or
challenging enforceability. As the employer with the
patient base, ask for what you think is reasonable and
work with your counsel on a middle ground or compromise if challenged. You may be surprised to find
the individual you are considering for hire understands and appreciates your years of patient development and will agree to the range or, alternatively, be
willing to negotiate an acceptable modification, possibly the contractual right to notify patients treated
exclusively by them by agreed-upon notice of any
change in location or employment (which may or
may not be acceptable to you).
Of course a contractual provision may not actually serve to stop an employee from leaving and trying
to open up across the street, but it
will give you the right, if drafted
properly, to enjoin the employee
from doing so and will entitle you
to damages upon such attempt.
Most employees do abide by
agreed-upon restrictions because
they fear they will be enforced and
know the potentially massive
expense of defense. In that regard,
a restrictive covenant is an extremely successful tool to dissuade such
activity.
As an owner, electing to hire
and not avail yourself of contractual protections against patient
theft and competition could be the
equivalent of my brushing my
teeth with a pure sugar paste. Sure,
I’m trying to help myself, but I’m
really just setting the stage for
potential trouble in the future.
The most common reason why
many dental professionals elect to
proceed with a restriction or, for
that matter, a proper contract, is
they do not want to pay a lawyer
for assistance. Well, being pennywise and pound foolish in this
scenario may just cost you your
autonomy and freedom (because
you may elect not to hire) or your
patient base (hiring without properly worded restrictions). Creating
a properly worded employment
agreement is a basic task for an
experienced healthcare attorney,
for which the cost is minimal compared to the alternative. z
Jennifer Kirschenbaum, J.D.,
is the managing partner of
Kirschenbaum & Kirschenbaum’s
healthcare department and a
member of the NYSDA Legal
Services Panel. She and her
team can be reached at (516) 747-6700, x 302, or
at [email protected] to discuss restrictive covenants or other practice-related legal issues.
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NYSDA NEWS / FEBRUARY 2015