By Davila H.C.R. No. 296
75R15715 RNS-D
HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, Under current Texas law, a dentist may refuse a
1-2 parent's request to be present during the treatment of a child, and
1-3 the current practice patterns of managed care, financial
1-4 constraints, or the pressing needs of an emergency situation often
1-5 prohibit parents from selecting another dentist who will honor
1-6 their request; and
1-7 WHEREAS, Recent studies indicate that parents often feel very
1-8 strongly about staying with their children during dental and
1-9 medical visits, and there is evidence to suggest that children's
1-10 cooperation increases with a parent present during both examination
1-11 and treatment appointments; and
1-12 WHEREAS, The American Academy of Pediatric Dentistry has
1-13 established guidelines for the dental treatment of children that
1-14 include behavior management techniques such as physical restraint
1-15 with a "Papoose Board" and techniques that involve covering a
1-16 child's mouth and/or airway to obtain the child's attention; and
1-17 WHEREAS, Recent studies have found that these techniques are
1-18 not acceptable to a majority of parents surveyed, raising concerns
1-19 among dentists and patients alike that a parent's consent to
1-20 pediatric dental procedures be adequately informed so as to
1-21 forestall misunderstanding and possible litigation; and
1-22 WHEREAS, In addition to concerns regarding standard treatment
1-23 practices, there also is cause for concern that some dentists may
1-24 cross the line between physical restraint and physical abuse, as
2-1 demonstrated in recent court cases; although such cases are surely
2-2 the exception, it is impossible to assess how widespread such
2-3 abuses might be, since a parent may be excluded routinely from the
2-4 treatment session; and
2-5 WHEREAS, Such concerns are particularly acute regarding the
2-6 state Medicaid program, since some dentists have established a
2-7 high-volume practice to compensate for low reimbursement rates,
2-8 funding for regulatory oversight is in short supply, and parents
2-9 with limited resources may have little choice in selecting an
2-10 alternative dental provider; and
2-11 WHEREAS, A comprehensive study of this issue would help to
2-12 establish the extent of possible abuses in this area and could
2-13 provide the basis for agency action to protect vulnerable children
2-14 from unnecessarily aversive treatments, better inform parents of
2-15 treatment choices, and help dental practitioners avoid malpractice
2-16 claims; now, therefore, be it
2-17 RESOLVED, That the 75th Legislature of the State of Texas
2-18 hereby direct the Texas Department of Health to conduct a study of
2-19 the access to pediatric dental care and the quality of care
2-20 received by Texas children, both in the private sector and under
2-21 the Medicaid program; and, be it further
2-22 RESOLVED, That the study include, but not be limited to, an
2-23 investigation of the following issues:
2-24 (1) how parental involvement affects the quality of
2-25 pediatric dental care and the possibility of abuse;
2-26 (2) an evaluation of current mechanisms for reporting
2-27 abuse of pediatric dental patients and the effect that the lack of
3-1 a parental presence might have on the adequacy of reporting; and
3-2 (3) the role of informed consent by a parent to
3-3 treatment techniques and the effect of parental consent on the
3-4 quality of pediatric dental care; and, be it further
3-5 RESOLVED, That the Texas Department of Health submit a full
3-6 report of its findings and recommendations to the 76th Legislature
3-7 when it convenes in January 1999; and, be it further
3-8 RESOLVED, That the secretary of state forward an official
3-9 copy of this resolution to the commissioner of health in the Texas
3-10 Department of Health.