77R12679 E                           
         By Maxey, Thompson, Flores, Gallego, Gray             H.B. No. 3507
         Substitute the following for H.B. No. 3507:
         By Maxey                                          C.S.H.B. No. 3507
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of dentistry and the provision of dental
 1-3     services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                ARTICLE 1.  DENTAL SERVICES UNDER THE MEDICAL
 1-6                             ASSISTANCE PROGRAM
 1-7           SECTION 1.01. Subchapter B, Chapter 32, Human Resources Code,
 1-8     is amended by adding Section 32.053 to read as follows:
 1-9           Sec. 32.053.  DENTAL SERVICES. (a)  For purposes of this
1-10     section, the "dental necessity" for a dental service or product is
1-11     based on whether a prudent dentist, acting in accordance with
1-12     generally accepted practices of the professional dental community
1-13     and within the parameters of the American Dental Association and
1-14     within the quality assurance criteria of the American Academy of
1-15     Pediatric Dentistry, as applicable, would provide the service or
1-16     product to a patient to diagnose, prevent, or treat orofacial pain,
1-17     infection, disease, dysfunction, or disfiguration.
1-18           (b)  A dental service or product may not be provided under
1-19     the medical assistance program unless there is a dental necessity
1-20     for the service or product.
1-21           (c)  In providing dental services under the medical
1-22     assistance program, the department shall:
1-23                 (1)  ensure that a stainless steel crown is not used as
1-24     a preventive measure;
 2-1                 (2)  require a dentist participating in the medical
 2-2     assistance program to document, through x-rays or other methods
 2-3     established by department rule, the dental necessity for a
 2-4     stainless steel crown before the crown is applied;
 2-5                 (3)  require a dentist participating in the medical
 2-6     assistance program to comply with a minimum standard of
 2-7     documentation and recordkeeping for each of the dentist's patients,
 2-8     regardless of whether the patient's costs are paid privately or
 2-9     through the medical assistance program;
2-10                 (4)  replace the 15-point system used for determining
2-11     the dental necessity for hospitalization and general anesthesia
2-12     with a more objective and comprehensive system developed by the
2-13     department; and
2-14                 (5)  take all necessary action to eliminate fraud in
2-15     the provision of dental services under the medical assistance
2-16     program, including:
2-17                       (A)  adopting a zero-tolerance policy toward
2-18     fraud;
2-19                       (B)  aggressively investigating and prosecuting
2-20     any dentist who abuses the system for reimbursement under the
2-21     medical assistance program; and
2-22                       (C)  randomly auditing all dentists participating
2-23     in the medical assistance program and conducting targeted audits of
2-24     dentists whose billing activities under the medical assistance
2-25     program are excessive or otherwise inconsistent with the billing
2-26     activities of other similarly situated dentists.
2-27           (d)  In setting reimbursement rates for dental services under
 3-1     the medical assistance program, the department shall:
 3-2                 (1)  set the reimbursement rate for a stainless steel
 3-3     crown at an amount equal to the reimbursement rate for an amalgam
 3-4     or resin filling;
 3-5                 (2)  reduce the amount of the hospitalization fee in
 3-6     effect on December 1, 2000, and redistribute amounts made available
 3-7     through reduction of that fee to other dental services for which
 3-8     adequate accountability measures exist; and
 3-9                 (3)  eliminate the behavior management fee, except for
3-10     patients diagnosed with a mental or physical disability, and the
3-11     nutritional consultation fee and redistribute amounts made
3-12     available through elimination of those fees to other commonly
3-13     billed dental services for which adequate accountability measures
3-14     exist.
3-15           (e)  The department shall develop the minimum standard
3-16     described by Subsection (c)(3) in cooperation with the State Board
3-17     of Dental Examiners.
3-18           SECTION 1.02. If before implementing any provision of this
3-19     article a state agency determines that a waiver or authorization
3-20     from a federal agency is necessary for implementation of that
3-21     provision, the agency affected by the provision shall request the
3-22     waiver or authorization and may delay implementing that provision
3-23     until the waiver or authorization is granted.
3-24                   ARTICLE 2.  REGULATION OF TELEDENTISTRY
3-25           SECTION 2.01. For purposes of this article, a licensed
3-26     dentist may delegate orally, in writing, or through advanced audio
3-27     and video telecommunications services a service, task, or procedure
 4-1     to a dental hygienist who is under the supervision and
 4-2     responsibility of the dentist, if:
 4-3                 (1)  the dental hygienist is licensed to perform the
 4-4     service, task, or procedure;
 4-5                 (2)  the supervising dentist examines the patient
 4-6     either in person or through advanced audio and video
 4-7     telecommunications services:
 4-8                       (A)  at the time the service, task, or procedure
 4-9     is performed by the dental hygienist; or
4-10                       (B)  during the 12 calendar months preceding the
4-11     date of performance of the service, task, or procedure by the
4-12     dental hygienist; and
4-13                 (3)  the dental hygienist does not:
4-14                       (A)  diagnose a dental disease or ailment;
4-15                       (B)  prescribe a treatment or a regimen;
4-16                       (C)  prescribe, order, or dispense medication; or
4-17                       (D)  perform any procedure that is irreversible
4-18     or involves the intentional cutting of soft or hard tissue by any
4-19     means.
4-20           SECTION 2.02. (a)  In this section:
4-21                 (1)  "Dental professional" means:
4-22                       (A)  a dentist licensed under Subtitle D, Title
4-23     3, Occupations Code; or
4-24                       (B)  a dental hygienist licensed under Chapter
4-25     262, Occupations Code, practicing under the supervision of a
4-26     dentist.
4-27                 (2)  "Student" means a person who is under 19 years of
 5-1     age, is enrolled in a public school, and receives dental services
 5-2     under Chapter 32, Human Resources Code.
 5-3                 (3)  "Teledentistry dental services" means a dental
 5-4     service that utilizes, in whole or in part, advanced
 5-5     telecommunications technology including:
 5-6                       (A)  compressed digital interactive video, audio,
 5-7     or data transmission;
 5-8                       (B)  clinical data transmission via computer
 5-9     imaging for teleradiology or telepathology; and
5-10                       (C)  other technology that facilitates access in
5-11     rural and underserved counties to dental services or dental
5-12     specialty expertise.
5-13           (b)  The commissioner of human services shall appoint a
5-14     program administrator to administer a pilot program that uses
5-15     teledentistry and other methods of delivering dental services to
5-16     provide dental services to students in one public school district
5-17     in the state.
5-18           (c)  The program administrator shall establish an advisory
5-19     committee to assist the program administrator in developing and
5-20     implementing the pilot program.
5-21           (d)  In developing the pilot program, the program
5-22     administrator shall design the program in a manner that:
5-23                 (1)  increases access to dental services and enhances
5-24     the delivery of dental services to students;
5-25                 (2)  ensures the provision of oral health education
5-26     services;
5-27                 (3)  provides for effective and appropriate supervision
 6-1     by a dentist of other dental professionals providing care under the
 6-2     program; and
 6-3                 (4)  enables the state to determine whether extension
 6-4     of the use of teledentistry would improve the delivery of dental
 6-5     services.
 6-6           (e)  The program administrator shall adopt procedures as
 6-7     necessary to:
 6-8                 (1)  ensure that appropriate care, including quality of
 6-9     care, is provided to students who receive teledentistry dental
6-10     services;
6-11                 (2)  ensure adequate supervision of dental
6-12     professionals who are not dentists and who provide teledentistry
6-13     dental services;
6-14                 (3)  establish the maximum number of dental
6-15     professionals who are not dentists that a dentist may supervise;
6-16     and
6-17                 (4)  require a face-to-face consultation with a dentist
6-18     within a certain number of days following a teledentistry dental
6-19     service.
6-20           (f)  Only a teledentistry dental service initiated or
6-21     provided by a licensed dentist in this state may be reimbursed
6-22     under the Medicaid program.  Medicaid reimbursement for a
6-23     teledentistry dental service shall be at the same rate as the
6-24     Medicaid program reimburses for a comparable in-person dental
6-25     service.  A request for reimbursement may not be denied solely
6-26     because an in-person consultation between a dentist or other dental
6-27     professional and a patient did not occur.  Reimbursement for a
 7-1     dental hygienist for service shall be made through the supervising
 7-2     dentist.
 7-3           (g)  A dental hygienist must act under the remote supervision
 7-4     of a local dentist.  Both the dentist and the hygienist must be
 7-5     located within the boundaries of the school district served by the
 7-6     pilot program.
 7-7           (h)  Images and assessment information shall be sent by the
 7-8     dental hygienist to a supervising dentist either live or by means
 7-9     of store and forward technology.  After a dentist has reviewed the
7-10     required information, the dentist may authorize the provision of
7-11     preventive services by the dental hygienist located at the school.
7-12           (i)  A dental hygienist participating in the pilot program
7-13     may initiate screening and assessment services and, under the
7-14     supervision of a dentist, may perform any procedure the hygienist
7-15     is authorized to perform under law.
7-16           (j)  A teledentistry dental service may not be provided if an
7-17     in-person consultation with a dentist is reasonably available to a
7-18     student.  Dentists and other dental professionals participating in
7-19     the pilot program shall make a good faith effort to identify and
7-20     coordinate with existing providers to preserve and protect existing
7-21     dental care systems and dental relationships.
7-22           (k)  The program administrator shall establish a control
7-23     group not to exceed 1,000 students to provide a benchmark for
7-24     measuring the performance of the pilot program.  Each student in
7-25     the control group shall be examined by a dentist, in person, at the
7-26     end of the program to evaluate the effectiveness of teledentistry
7-27     dental services provided during the program.  The examining dentist
 8-1     must practice in a dental office located outside the boundaries of
 8-2     the school district served by the pilot program.
 8-3           (l)  The program administrator shall use the results of the
 8-4     pilot program to:
 8-5                 (1)  determine the efficacy of teledentistry; and
 8-6                 (2)  determine the effectiveness of teledentistry in
 8-7     increasing access to dental services and improving oral health of
 8-8     students.
 8-9           (m)  A dental professional who provides teledentistry dental
8-10     services shall ensure that the informed consent of the student or a
8-11     person authorized to provide consent for the student is obtained
8-12     before teledentistry dental services are provided.
8-13           (n)  Students participating in the pilot program must be
8-14     referred to local dentists for restorative care and monitored to
8-15     ensure that restorative services are provided.
8-16           (o)  Not later than December 31, 2002, the program
8-17     administrator shall submit a report to the legislature containing
8-18     the following:
8-19                 (1)  the number of students who received teledentistry
8-20     dental services;
8-21                 (2)  the types of teledentistry dental services
8-22     provided;
8-23                 (3)  the cost and level of utilization of teledentistry
8-24     dental services;
8-25                 (4)  the effect of the pilot program on school
8-26     absenteeism of students in the control group;
8-27                 (5)  a description of improvements in the oral health
 9-1     of students in the pilot program; and
 9-2                 (6)  recommendations for changes in or the expansion of
 9-3     the pilot program.
 9-4           (p)  This article expires and the advisory committee is
 9-5     abolished December 31, 2002.
 9-6           SECTION 2.03. (a)  The commissioner of human services shall
 9-7     appoint a program administrator for the teledentistry pilot program
 9-8     not later than the 30th day after the effective date of this
 9-9     article.
9-10           (b)  The program administrator shall appoint an advisory
9-11     committee and shall begin implementing the teledentistry pilot
9-12     program not later than the 30th day after the date the program
9-13     administrator is appointed.
9-14            ARTICLE 3.  ALTERNATIVE TRAINING OF DENTAL HYGIENISTS
9-15           SECTION 3.01. Section 256.053, Occupations Code, is amended
9-16     to read as follows:
9-17           Sec. 256.053.  ELIGIBILITY FOR LICENSE. To qualify for a
9-18     license, an applicant must be:
9-19                 (1)  at least 18 years of age;
9-20                 (2)  a graduate of an accredited high school or hold a
9-21     certificate of high school equivalency; and
9-22                 (3)  a graduate of a recognized school of dentistry or
9-23     dental hygiene accredited by the Commission on Dental Accreditation
9-24     of the American Dental Association and approved by the board, or
9-25     have provided evidence satisfactory to the board that the applicant
9-26     has completed an alternative dental hygiene training program
9-27     approved by the board that meets the requirements of Section
 10-1    256.0531.
 10-2          SECTION 3.03. Subchapter B, Chapter 256, Occupations Code, is
 10-3    amended by adding Section 256.0531 to read as follows:
 10-4          Sec. 256.0531.  ALTERNATIVE DENTAL HYGIENE TRAINING PROGRAMS.
 10-5    (a)  It is the intent of the legislature that programs approved by
 10-6    the board under this section provide hygiene training that is
 10-7    substantially equivalent to training provided under traditional
 10-8    programs.
 10-9          (b)  An alternative dental hygiene training program must meet
10-10    the following requirements:
10-11                (1)  the program must require hygiene students to
10-12    complete four semesters of didactic education from a school of
10-13    dentistry, dental hygiene school, or other educational institution
10-14    approved by the board;
10-15                (2)  didactic education shall be provided by
10-16    instruction in the classroom or by distance learning, remote
10-17    coursework, or similar modes of instruction offered by an
10-18    institution accredited by the Commission on Dental Accreditation of
10-19    the American Dental Association;
10-20                (3)  didactic education shall include instruction in
10-21    anatomy, pharmacology, x-ray, ethics, jurisprudence, hygiene, and
10-22    any other subject regularly taught in reputable schools of
10-23    dentistry and dental hygiene that the board may require;
10-24                (4)  the program must require hygiene students to
10-25    complete not less than 1,000 hours of clinical training under the
10-26    direct supervision of a dentist qualified under Subsection (d) or a
10-27    dental hygienist qualified under Subsection (f) during a 12-month
 11-1    period.  Students must satisfactorily complete 75 full-mouth
 11-2    prophylaxes and demonstrate the ability to accurately record the
 11-3    location and extent of dental restorations, chart mobility,
 11-4    furcations, gingival recession, keratinized gingiva, and pocket
 11-5    depth on six aspects of each tooth; and
 11-6                (5)  clinical training may occur simultaneously with
 11-7    didactic education.
 11-8          (c)  Prior to commencing clinical training, a hygiene student
 11-9    must have completed no less than two years of full-time employment
11-10    in a position involving clinical duties with dental patients.
11-11          (d)  To be qualified to train a hygiene student under this
11-12    section, a dentist must:
11-13                (1)  be licensed in Texas and have practiced in Texas
11-14    for at least five years;
11-15                (2)  have completed a certification or calibration
11-16    course approved by the board for purposes of this section; and
11-17                (3)  meet recertification requirements at intervals of
11-18    no more than three years.
11-19          (e)  A hygiene student who completes the requirements of a
11-20    program under this section must satisfactorily pass the examination
11-21    required for all hygiene license applicants under this chapter.
11-22          (f)  A dental hygienist may train hygiene students under this
11-23    section if:
11-24                (1)  the dental hygienist is employed by a dentist who
11-25    provides training under this section and the hygienist works under
11-26    the direct supervision of the dentist in the same office as the
11-27    dentist;
 12-1                (2)  the dental hygienist has practiced full-time
 12-2    dental hygiene for the five years immediately preceding the time
 12-3    the training is provided; and
 12-4                (3)  the dental hygienist has completed a certification
 12-5    or calibration course approved by the board and meets
 12-6    recertification requirements at intervals of no more than five
 12-7    years.
 12-8          (g)  A dentist who supervises a dental hygienist trained
 12-9    under this section has the same liability for acts performed by the
12-10    hygienist as if the hygienist were trained in a different manner.
12-11          (h)  The board shall implement an alternative dental hygiene
12-12    training program no later than January 1, 2002.
12-13          (i)  The board shall appoint an advisory committee to advise
12-14    the board in developing the hygiene training equivalency program.
12-15    The advisory committee consists of the following members appointed
12-16    by the board:
12-17                (1)  three dental hygienists nominated by a statewide
12-18    association of dental hygienists;
12-19                (2)  three dentists nominated by a statewide
12-20    association of dentists;
12-21                (3)  one dental educator nominated by the State Board
12-22    of Dental Examiners; and
12-23                (4)  one dental hygienist educator nominated by the
12-24    Hygiene Advisory Committee to the State Board of Dental Examiners.
12-25          (j)  In developing the program, the advisory committee board
12-26    shall consider the standards adopted by the Commission on Dental
12-27    Accreditation.
 13-1          SECTION 3.04. The program, including the clinical training
 13-2    component, must be accredited by the Commission on Dental
 13-3    Accreditation by December 31, 2004, or the program expires.
 13-4            ARTICLE 4.  DELEGATION OF CERTAIN ACTS BY DENTISTS
 13-5          SECTION 4.01. Section 258.002, Occupations Code, is amended
 13-6    by amending Subsection (b) and adding Subsection (c) to read as
 13-7    follows:
 13-8          (b)  A licensed dentist may delegate, under Subsection (a),
 13-9    the application of a pit and fissure sealant to a dental assistant
13-10    if the dentist is a Medicaid provider or the dentist practices in
13-11    an area that the Texas Department of Health has determined is
13-12    underserved.  Cleansing of the occlusal and smooth surfaces of the
13-13    teeth by a dental assistant is allowed immediately prior to and for
13-14    the sole purpose of preparing the tooth area for the placement of
13-15    pit and fissure sealants or orthodontic bonding resin, and shall
13-16    not be billed as a prophylaxis.
13-17          (c)  The board by rule shall establish guidelines regarding
13-18    the types of dental acts that may be properly or safely delegated
13-19    by a dentist, including a determination of which delegated dental
13-20    acts, if any, require competency testing before a person may
13-21    perform the act.
13-22          SECTION 4.02. Subchapter D, Chapter 262, Occupations Code, is
13-23    amended by adding Section 262.1515 to read as follows:
13-24          Sec. 262.1515.  DELEGATION OF DUTIES TO DENTAL HYGIENIST
13-25    PRACTICING IN CERTAIN LONG-TERM CARE FACILITIES AND SCHOOL-BASED
13-26    HEALTH CENTERS. (a)  A licensed dentist may delegate a service,
13-27    task, or procedure, pursuant to this section, to a dental
 14-1    hygienist, without complying with Section 262.151(a)(2) if:
 14-2                (1)  the dental hygienist has at least two years'
 14-3    experience in the practice of dental hygiene; and
 14-4                (2)  the service, task, or procedure is performed in
 14-5    one of the following locations:
 14-6                      (A)  a nursing facility as defined in Section
 14-7    242.301, Health and Safety Code; or
 14-8                      (B)  a school-based health center as defined in
 14-9    Section 38.011, Health and Safety Code.
14-10          (b)  The patient must be referred to a licensed dentist after
14-11    the completion of a service, task, or procedure performed under
14-12    Subsection (a).
14-13          (c)  A dental hygienist may not perform a second set of
14-14    delegated tasks or procedures until the patient has been examined
14-15    by a dentist in compliance with Section 262.151(a)(2).
14-16          (d)  A dental hygienist may not perform any service, task, or
14-17    procedure under this section without the express authorization of a
14-18    dentist.
14-19          (e)  A service, task, or procedure performed by a dental
14-20    hygienist under this section shall be made part of the patient's
14-21    medical records maintained by the long-term care facility.
14-22          SECTION 4.03. Section 265.003, Occupations Code, is amended
14-23    to read as follows:
14-24          Sec. 265.003.  PERMITTED DUTIES. (a)  A dental assistant who
14-25    is not professionally licensed may:
14-26                (1)  be employed by and work in the office of a
14-27    licensed and practicing dentist; and
 15-1                (2)  perform one or more delegated dental acts under
 15-2    the direct supervision, direction, and responsibility of the
 15-3    dentist, including the application of a pit and fissure sealant.
 15-4          (b)  A dental assistant may apply a pit and fissure sealant
 15-5    under Subsection (a) only if the assistant is certified to apply a
 15-6    pit and fissure sealant under Section 265.004.
 15-7          SECTION 4.04. Chapter 265, Occupations Code, is amended by
 15-8    adding Section 265.004 to read as follows:
 15-9          Sec. 265.004.  PIT AND FISSURE SEALANT CERTIFICATE. (a)  The
15-10    board shall issue a pit and fissure sealant certificate to a dental
15-11    assistant who qualifies under this section.
15-12          (b)  To qualify for a certificate, an applicant must:
15-13                (1)  have at least two years' experience as a dental
15-14    assistant; and
15-15                (2)  have successfully completed a minimum of 16 hours
15-16    of clinical and didactic education in pit and fissure sealants
15-17    taken through an accredited dental hygiene program approved by the
15-18    board.
15-19          (c)  The educational program under Subsection (b) must
15-20    include courses on:
15-21                (1)  infection control;
15-22                (2)  cardiopulmonary resuscitation;
15-23                (3)  treatment of medical emergencies;
15-24                (4)  microbiology;
15-25                (5)  chemistry;
15-26                (6)  dental anatomy;
15-27                (7)  ethics related to pit and fissure sealant
 16-1    application;
 16-2                (8)  jurisprudence related to pit and fissure sealant
 16-3    application; and
 16-4                (9)  the correct application of sealants, including the
 16-5    actual clinical application of sealants.
 16-6          (d)  To maintain a certificate under this section, the dental
 16-7    assistant must complete at least six hours of continuing education
 16-8    in technical and scientific coursework each year.
 16-9          (e)  The board shall adopt rules as necessary to implement
16-10    this section, including rules regarding renewal requirements for a
16-11    certificate issued under this section.
16-12           ARTICLE 5.  TEMPORARY RECIPROCAL LICENSE IN MEDICALLY
16-13                             UNDERSERVED AREAS
16-14          SECTION 5.01. Subchapter C, Chapter 262, Occupations Code, is
16-15    amended by adding Section 262.1015 to read as follows:
16-16          Sec. 262.1015.  TEMPORARY RECIPROCAL LICENSE IN MEDICALLY
16-17    UNDERSERVED AREAS. (a)  The State Board of Dental Examiners, upon
16-18    payment by the applicant of a fee set by the board, shall grant a
16-19    temporary license to practice dentistry to any reputable dentist or
16-20    a temporary license to practice dental hygiene to any reputable
16-21    dental hygienist who:
16-22                (1)  meets all requirements of Section 256.101 except
16-23    those of Subsection (a)(8);
16-24                (2)  is employed by a nonprofit corporation that
16-25    accepts Medicaid reimbursement; and
16-26                (3)  practices only within a Medically Underserved Area
16-27    as designated by the U.S. Department of Health.
 17-1          (b)  A license granted under this section expires immediately
 17-2    when a licensee fails to meet the requirements of this section.
 17-3                   ARTICLE 6.  REPAYMENT OF DENTAL LOANS
 17-4          SECTION 6.01. Section 61.904(a), Education Code, is amended
 17-5    to read as follows:
 17-6          (a)  The board may provide repayment assistance for the
 17-7    repayment of any student loan for education at a public or private
 17-8    institution of higher education [in this state], including loans
 17-9    for undergraduate education, received by a dentist through any
17-10    lender.
17-11          SECTION 6.02. Section 61.903, Education Code, is repealed.
17-12                        ARTICLE 7.  EFFECTIVE DATE
17-13          SECTION 7.01. This Act takes effect September 1, 2001.