By: Rabuck H.B. No. 80
73R1150 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dental examinations and oral health care for residents
1-3 of long-term care facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 242.160, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 242.160. DENTAL EXAMINATION AND ORAL HEALTH CARE. (a)
1-8 An institution shall ensure that each resident of the institution
1-9 has a dental examination by a dentist not later than the 60th day
1-10 after the date on which the resident is admitted to the institution
1-11 in order to establish dental records and the baseline oral health
1-12 status of the resident.
1-13 (b) An institution shall ensure that each resident has a
1-14 dental examination by a dentist at least annually unless waived by
1-15 the resident or the resident's guardian. The results of the dental
1-16 examination shall be entered in the resident's records, including
1-17 standing orders for further oral health care for the resident. In
1-18 addition, the institution shall enter the name of the resident's
1-19 dentist of record in the resident's records.
1-20 (c) An institution licensed under this chapter shall comply
1-21 with any standing orders for oral health care entered in the
1-22 resident's records. In addition, the institution shall provide
1-23 daily assistance for residents needing assistance in routine oral
1-24 hygiene and shall enter oral health care requirements in the
2-1 resident's daily assistance plan.
2-2 (d) An institution shall contract with a dentist as required
2-3 by federal law in order to meet federal requirements for
2-4 reimbursement. The dental examination and care required by this
2-5 section may be provided by the contract dentist or by a resident's
2-6 personal dentist.
2-7 (e) An institution shall provide a resident with
2-8 transportation to a dentist's office if adequate oral health care
2-9 cannot be provided at the institution.
2-10 (f) An institution shall make every reasonable effort to
2-11 ascertain a resident's eligibility for reimbursement by a third
2-12 party for dental examinations and care and shall assist the dentist
2-13 of record in obtaining that information for the dentist's
2-14 reimbursement purposes.
2-15 (g) The board and the State Board of Dental Examiners shall
2-16 work together to develop minimum standards for information required
2-17 to be entered in the oral health records of residents of an
2-18 institution to enable an adequate evaluation of a resident's needs
2-19 for oral health care and assistance.
2-20 (h) Each institution shall include a dentist on its
2-21 governing body to assist the institution in making policies and
2-22 decisions regarding oral health care <(a) The department shall
2-23 require that each resident of a nursing home or custodial care home
2-24 or the resident's custodian be asked at least once each year if the
2-25 resident desires a dental examination and possible treatment at the
2-26 resident's own expense.>
2-27 <(b) Each nursing home or custodial care home shall be
3-1 encouraged to use all reasonable efforts to arrange for a dental
3-2 examination for each resident who desires one.>
3-3 <(c) The nursing home or custodial care home is not liable
3-4 for any costs relating to a dental examination under this section>.
3-5 SECTION 2. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.