SRC-CTC H.B. 3507 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3507
By: Maxey (Moncrief)
Health & Human Services
5/9/2001
Engrossed


DIGEST AND PURPOSE 

According to the Centers for Disease Control and Prevention, tooth decay is
one of the most infectious diseases among children, and the longer an oral
disease is left untreated, the more complex and damaging it can become.
Unfortunately, Texas is currently suffering a severe shortage of dentists
and dental hygienists (dental professionals).  Expanding student loan
repayment programs as incentives for newly licensed dental professionals
who practice in medically underserved communities may help alleviate the
burden on rural dental professionals.  Also, authorizing a dentist to
delegate dental procedures to a dental hygienist or authorizing a dental
hygienist to perform preventative oral care procedures and screening
outside the office may decrease the amount of time a dentist needs to spend
with each patient, and thus expand access to dental care.  Teledentistry
could also supplement dental care to rural and medically underserved areas.
The House Committee on General Investigating found some evidence of fraud
in the Texas Health Steps Dental Services Program and recommended various
changes to help eliminate abuse of the system.  H.B. 3507 sets forth
provisions related to student loan repayment, delegation, alternative
training for dental hygienists, and teledentistry, and implements the
recommendations of the House committee.    

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the State Board of Dental
Examiners in SECTION 4.04 (Section 265.004, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  DENTAL SERVICES UNDER THE MEDICAL ASSISTANCE PROGRAM

SECTION 1.01.  Amends Chapter 32B, Human Resources Code, by adding Section
32.053, as follows: 

Sec. 32.053.  DENTAL SERVICES.  Defines "dental necessity."  Prohibits a
dental service or product from being provided under the medical assistance
program (program) unless there is a dental necessity for the service or
product.  Sets forth certain requirements of Health and Human Services
Commission (HHS) in providing dental services under the program.  Sets
forth certain requirements of HHS in setting reimbursement rates for dental
services under the program.  Requires HHS to develop the minimum standard
described by this section in cooperation with the State Board of Dental
Examiners. 

SECTION 1.02.  Requires a state agency, if the agency determines before
implementing any provision of this article that a waiver or authorization
from a federal agency is necessary for implementation of that provision, to
request the waiver or authorization and authorizes the affected agency to
delay implementing that provision until the waiver or authorization is
granted. 

ARTICLE 2.  REGULATION OF TELEDENTISTRY

SECTION 2.01.  Authorizes a licensed dentist, for the purposes of this
article, to delegate orally, in  writing, or through advanced audio and
video telecommunications services a service, task, or procedure to a dental
hygienist who is under the supervision and responsibility of the dentist
under certain circumstances. 

SECTION 2.02.  (a) Defines "dental professional," "student," and
"teledentistry dental services." 

(b) Requires the commissioner of human services (commissioner) to appoint a
program administrator to administer a pilot program that uses teledentistry
and other methods of delivering dental services to provide dental services
to students in one public school district in this state. 

(c) Requires the program administrator to establish an advisory committee
to assist the program administrator in developing and implementing the
pilot program. 

(d) Sets forth certain requirements of the program administrator in
developing the program. 

 (e) Requires the program administrator to adopt certain procedures.

(f) Authorizes only a teledentistry dental service initiated or provided by
a licensed dentist in this state to be reimbursed under the Medicaid
program.  Requires Medicaid reimbursement for a teledentistry dental
service to be for a comparable in-person dental service.  Prohibits a
request for reimbursement from being denied solely because an in-person
consultation between a dentist or other dental professional and a patient
did not occur.  Requires reimbursement for a dental hygienist for service
to be made through the supervising dentist. 

(g) Requires a dental hygienist to act under the remote supervision of a
local dentist.  Requires both the dentist and the hygienist to be located
within the boundaries of the school district served by the pilot program. 

(h) Requires images and assessment information to be sent by the dental
hygienist to the supervising dentist either live or by means of store and
forward technology.  Authorizes a dentist, after the dentist has reviewed
the required information, to authorize the provision of preventative
services by the dental hygienist located at the school. 

(i) Authorizes a dental hygienist participating in the pilot program to
initiate screening and assessment services and, under the supervision of a
dentist, to perform any procedure the hygienist is authorized under law to
perform. 

(j) Prohibits a teledentistry dental service from being provided if an
in-person consultation with a dentist is reasonably available to a student.
Requires dentists and other dental professionals participating in the pilot
program to make a good faith effort to identify and coordinate with
existing providers to preserve and protect existing dental care systems and
dental relationships. 

(k) Requires the program administrator to establish a control group not to
exceed 1,000 students to provide a benchmark for measuring the performance
of the pilot program.  Requires each student in the control group to be
examined by a dentist, in person, at the end of the program to evaluate the
effectiveness of teledentistry dental services provided during the program.
Requires the examining dentist to practice in a dental office located
outside the boundaries of the school district served by the pilot program. 

(l) Requires the program administrator to use the results of the pilot
program to make certain determinations. 

(m) Requires a dental professional who provides teledentistry dental
services to ensure that the informed consent of the student or a person
authorized to provide consent for the student is  obtained before
teledentistry dental services are provided. 

(n) Requires students participating in the pilot program to be referred to
local dentists for restorative care and monitored to ensure that
restorative services are provided. 

(o) Requires the program administrator, not later than December 31, 2002,
to submit a report to the legislature containing certain information. 

(p) Provides that this article expires and the advisory committee is
abolished December 31, 2002. 

SECTION 2.03.  Requires the commissioner to appoint a program administrator
for the teledentistry pilot program not later than the 30th day after the
effective date of this article.  Requires the program administrator to
appoint an advisory committee and to begin implementing the teledentistry
pilot program not later than the 30th day after the date the program
administrator is appointed. 

ARTICLE 3.  ALTERNATIVE TRAINING OF DENTAL HYGIENISTS

SECTION 3.01.  Amends Section 256.053, Occupations Code, to require an
applicant, to qualify for a license, to provide evidence satisfactory to
the State Board of Dental Examiners (board) that the applicant has
completed an alternative dental hygiene training program approved by the
board that meets the requirements of Section 256.0531. 

SECTION 3.02.  Amends Chapter 256B, Occupations Code, by adding Section
356.0531, as follows: 

Sec. 256.0531.  ALTERNATIVE DENTAL HYGIENE TRAINING PROGRAMS.  (a) Sets
forth the intent of the legislature under this section. 

(b) Sets forth certain requirements for an alternative dental hygiene
training program. 

(c) Requires a hygiene student, prior to commencing clinical training, to
have completed no less than two years of full-time employment in a position
involving clinical duties with dental patients. 

(d) Sets forth certain requirements for a dentist to be qualified to train
a hygiene student under this section. 

(e) Requires a hygiene student who completes the requirements of a program
under this section to satisfactorily pass the examination required for all
hygiene license applicants under this chapter. 

(f) Authorizes a dental hygienist to train hygiene students under this
section under certain circumstances. 

(g) Provides that a dentist who supervises a dental hygienist trained under
this section has the same liability for acts performed by the hygienist as
if the hygienist were trained in a different manner. 

(h) Requires the board to implement an alternative dental hygiene training
program no later than January 1, 2002. 

(i) Requires the board to appoint an advisory committee to advise the board
in developing the alternative dental hygiene training program.  Sets forth
the composition of the advisory committee. 
 
(j) Requires the advisory committee board, in developing the program, to
consider the standards adopted by the Commission on Dental Accreditation. 

SECTION 3.03.  Requires the program, including the clinical training
component, to be accredited by the Commission on Dental Accreditation by
December 31, 2004, or the program expires. 

SECTION 3.04.  Prohibits the board from issuing a license to a graduate of
an alternative training program under Section 256.0531, Occupations Code,
unless the program is accredited by the Commission on Dental Accreditation. 

ARTICLE 4.  DELEGATION OF CERTAIN ACTS BY DENTISTS

SECTION 4.01.  Amends Section 258.002, Occupations Code, to authorize a
licensed dentist to delegate, under this section, the application of a pit
and fissure sealant to a dental assistant if the dentist is a Medicaid
provider.  Provides that cleansing of the occlusal and smooth surfaces of
the teeth by a dental assistant is allowed immediately prior to and for the
sole purpose of preparing the tooth area for the placement of pit and
fissure sealants or orthodontic bonding resin and requires this not to be
billed as a prophylaxis. 

SECTION 4.02.  Amends Chapter 262D, Occupations Code, by adding Section
262.1515, as follows: 

Sec. 262.1515.  DELEGATION OF DUTIES TO DENTAL HYGIENIST PRACTICING IN
CERTAIN LONG-TERM CARE FACILITIES AND SCHOOL-BASED HEALTH CENTERS.
Authorizes a licensed dentist to delegate  a service, task, or procedure,
pursuant to this section, to a dental hygienist, without complying with
Section 262.151(a)(2) under certain conditions.  Requires the patient to be
referred to a licensed dentist after the completion of a service, task, or
procedure performed under this section.  Prohibits a dental hygienist from
performing a second set of delegated tasks or procedures until the patient
has been examined by a dentist in compliance with Section 262.151(a)(2).
Prohibits a dental hygienist from performing any service, task, or
procedure under this section without the express authorization of a
dentist.  Requires the nursing facility or school-based health center to
note each delegated service, task, or procedure performed by the dental
hygienist under this section in the patient's medical records. 

SECTION 4.03.  Amends Section 265.003, Occupations Code, to authorize a
dental assistant who is no professionally licensed to apply a pit and
fissure sealant under the direct supervision, direction, and responsibility
of the dentist and only if the assistant is certified to apply a pit and
fissure sealant under Section 265.004. 

SECTION 4.04.  Amends Chapter 265, Occupations Code, by adding Section
265.004, as follows: 

Sec. 265.004.  PIT AND FISSURE SEALANT CERTIFICATE.  Requires the board to
issue a pit and fissure sealant certificate to a dental assistant who
qualifies under this section.  Sets forth the requirements for an applicant
to qualify for a certificate.  Sets forth the courses the educational
program under this section is required to include.  Requires the dental
assistant to complete at least six hours of continuing education in
technical and scientific coursework each year to maintain a certificate
under this section.  Requires the board to adopt rules as necessary to
implement this section, including rules regarding renewal requirements for
a certificate issued under this section. 

SECTION 4.05.  Requires the board, not later than March 1, 2002, to adopt
the rules required by Section 265.004, Occupations Code, as added by this
Act. 

ARTICLE 5.  TEMPORARY RECIPROCAL LICENSE
 
SECTION 5.01.  Amends Chapter 262C, Occupations Code, by adding Section
262.1015, as follows: 

Sec. 262.1015.  TEMPORARY RECIPROCAL LICENSE.  Requires the board, upon
payment by the applicant of a fee set by the board, to grant a temporary
license to practice dentistry to any reputable dentist or a temporary
license to practice dental hygiene to any reputable dental hygienist who
meets certain requirements.  Provides that a license granted under this
section expires immediately when a licensee fails to meet the requirements
of this section. 

ARTICLE 6.  REPAYMENT OF DENTAL LOANS

SECTION 6.01.  Amends Section 61.904(a), Education Code, to delete existing
text which limited repayment assistance to a loan for education at a public
or private institution of higher education in this state. 

SECTION 6.02.  Repealer: Section 61.903, Education Code.

ARTICLE 7.  EFFECTIVE DATE

SECTION 7.01.  Effective date: September 1, 2001.