HBA-TBM H.B. 3507 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3507
By: Maxey
Public Health
4/4/2001
Introduced



BACKGROUND 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).  The Texas Senate Committee
reports that in 1998 the population to dentist ratio in urban counties was
2,636:1 while the ratio in rural counties was 4,342:1.  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.  House
Bill 3507 sets forth provisions related to student loan repayment,
delegation, and teledentistry and implements the recommendations of the
committee.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Health and Human Services
Commission in SECTION 1.01 (Section 32.053, Human Resources Code) and
SECTION 2.03 (Section 531.02171, Government Code) of this bill.   

ANALYSIS

House Bill 3507 amends the Human Resources Code to require the Health and
Human Services Commission (HHSC), in providing dental services under the
medical assistance program (Medicaid), to: 

 _ensure that a stainless steel crown is used only when medically necessary
and not as a preventive measure; 

 _require a dentist participating in Medicaid to document, through x-rays
or other methods established by HHSC rule, the medical necessity for a
stainless steel crown before it is applied; 

 _require a dentist participating in Medicaid to comply with a minimum
standard of documentation and record-keeping for each of the dentists; 

 _establish such a minimum standard in cooperation with the State Board of
Dental Examiners; 

 _replace the 15-point system used for determining the medical necessity
for hospitalization and general anesthesia with a more objective and
comprehensive system developed by  HHSC; 

 _take all necessary action to eliminate fraud in the provision of dental
services; and 

 _reduce the hospitalization fee and eliminate the behavior management and
nutritional consultation fees and redistribute amounts made available by
such actions to other commonly billed dental services for which adequate
accountability measures exist (Sec. 32.053). 

H.B. 3507 amends the Occupations Code to authorize a licensed dentist to
use telecommunications technology to examine a patient and to then delegate
an assignment through telecommunications technology to a dental hygienist
who is under the supervision and responsibility of the dentist (Sec.
262.151).  The bill provides that a person in another state practices
dentistry in this state if the person through any medium including an
electronic medium performs an act that constitutes the practice of
dentistry on a patient in this state (Sec. 251.003).   

The bill authorizes a licensed dentist who is a Medicaid provider to
delegate to a qualified and trained dental assistant acting under the
dentist's direct supervision the application of a pit and fissure sealant
and root planing or the smoothing and polishing of exposed teeth (Secs.
258.001 and 258.002).  The bill authorizes a licensed dentist to delegate a
service, task, or procedure, including the application of a pit and fissure
sealant, to a dental hygienist without complying with supervisory
requirements if the hygienist has at least two years of experience in the
practice of dental hygiene, and the service, task, or procedure is
performed in a facility serving an underserved population.  The patient
must be referred to a licensed dentist after the completion of a service,
task, or procedure performed by a hygienist (Sec. 262.1515).  The bill
authorizes a dental assistant who is not professionally licensed to apply a
pit and fissure sealant only if the assistant has at least two years of
experience as an assistant, and is certified by the State Board of Dental
Examiners (board) for application of a sealant, and is certified by the
board to perform the act (Sec. 265.003).   

The bill requires the board to issue a license to practice dentistry to a
reputable dentist or a license to practice dental hygiene to a reputable
dental hygienist who meets the other eligibility criteria and has practiced
as a dental educator at a dental school or dental hygiene school accredited
by the Commission on Dental Accreditation of the American Dental
Association for at least the five years preceding the date of application
for a license provided the dentist or dental hygienist will practice
dentistry or dental hygiene in this state in a medically underserved area
(Sec. 256.101).   

H.B. 3507 amends the Government Code to require HHSC to require, by rule,
each health and human services agency that administers a part of the
Medicaid program to provide Medicaid reimbursement for a teledental
consultation provided by a licensed dentist in this state at the same rate
as the Medicaid program reimburses for a comparable in-person consultation.
The bill prohibits the denial of a request for reimbursement solely because
an in-person consultation between a dentist and a patient did not occur
(Sec. 531.02171).  

H.B. 3507 amends the Education Code to remove the condition that an
institution of higher education be in this state from the provision
authorizing the Texas Higher Education Coordinating Board to provide
repayment assistance for the repayment of a student loan for education at a
public or private institution of higher education received by a dentist
through any lender (Sec. 5.01).  The bill repeals the provision that limits
repayment assistance grants for dentists to five years (SECTION 5.02).   

EFFECTIVE DATE

September 1, 2001.