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American Dental Education Association


Volume 3, No. 39, April 24, 2024

Biden Administration Releases Title IX Final Rule
 
The Biden administration introduced new regulations that solidify protections for LGBTQ+ students under federal law and overturn several Trump-era policies related to sexual misconduct in educational settings. These rules, effective from Aug. 1, broaden Title IX’s scope to include sexual orientation and gender identity, expanding the range of harassment complaints schools must investigate.
 
U.S. Secretary of Education Miguel A. Cardona emphasized that these regulations ensure safe and inclusive school environments.
 
The administration's release of the updated regulations – twice delayed – is in an “unofficial” form [ [link removed] ] . The official publication of the regulations in the Federal Register is expected within the coming days.
 
The regulations align with the Supreme Court's Bostock v. Clayton County ruling, extending protections to transgender students, which the Trump administration had denied. While providing stronger protections for LGBTQ+ students, the regulations do not address whether transgender students can participate in sports teams based on their gender identity. The administration clarified that while gender identity exclusion violates Title IX, the new rules don't extend to single-sex facilities or sports teams. The Biden administration stated that the final rule regarding these issues will be released post-election.
 
The final rule offers flexibility in how schools conduct sexually related investigations. The new rules allow in-person hearings but do not mandate them. The investigator or person adjudicating the case may question witnesses in separate meetings or employ a live hearing. Higher education institutions vigorously advocated for the repeal of the provision that required in-person, “live hearings” in which students accused of sexual misconduct, or their lawyers, could confront and question accusers in a courtroom-like setting.
 
These new rules also allow schools to use a “preponderance of evidence” standard, a lower burden of proof than the previous rules required. Under this new standard, administrators need only to determine whether it was more likely than not that sexual misconduct had occurred. However, administrators may choose a higher standard of “clear and convincing evidence” if they use that standard in other similar proceedings.
 
Another significant change includes a broader definition of sex-based harassment. Under the new definition, conduct must be so “severe or pervasive” that it limits or denies a person’s ability to participate in their education. The prior version required it to be both severe and pervasive. Additionally, this new final rule removed the requirement that schools only investigate incidents that occur on their campuses.
 
Finally, the rule includes provisions barring discrimination based on pregnancy, including childbirth, abortion and lactation. For example, schools must accommodate a student’s need to attend medical appointments, whether they be for prenatal visits or pre- and post-abortion care visits.
 
Legal challenges to the final rule are expected.

Mississippi Governor Signs Bill to Exempt Dentists from Prohibition on Balanced Billing
 
On April 17, Mississippi Gov. Tate Reeves (R) signed legislation [ [link removed] ] , that exempts dentists from the state law that bans balanced billing by health care providers. Mississippi passed the original law in 2013, which prohibited health care providers [ [link removed] ] from billing patients after accepting payment for services rendered from an insurance company.
 
The new law will take effect July 1, 2024.

Oklahoma Sends Bill to Governor That Would Make Multiple Changes to State’s Dental Practice Act
 
The Oklahoma State Legislature sent a bill [ [link removed] ] to Gov. Kevin Stitt (R) that, if enacted, would make multiple changes to the state’s Dental Practice Act. The changes include the following:
 • The bill alters the definition of "accredited dental assisting program” to include a dental assisting class, and allows any class approved by the state’s Board of Dentistry (Board) to qualify under this definition.
 • The measure allows the Board to recognize the parameters and standards of care established by national medical or dental organizations that define care standards in addition to those of the American Dental Association.
 • The bill adds venipuncture to the list of advanced procedures available for dental hygienists who complete required training.
 • The measure permits licensed dental hygienists to perform therapeutic laser procedures after two years of practice, provided they were licensed before Jan. 30, 2024.
 • The legislation expands eligibility for the state’s special volunteer license to include dentists and dental hygienists on active duty for the duration of their tour of duty.
 • Active-duty dentists or dental hygienists are exempt from continuing education requirements if they have served full-time as dentists or hygienists for at least 18 months within a two-year cycle, or if they are licensed dentists or hygienists serving in the Reserves or National Guard and actively deployed outside the United States for a minimum of 18 months.
 • The measure also allows out-of-state dentists with an active license in good standing in another state to obtain a license for the purpose of participating in a continuing education class that includes live-patient treatment as part of the training program.
 • The expanded duty permits for phlebotomy and venipuncture for dental and oral maxillofacial surgery assistants are separated into two distinct permits.
 • Dentists are required to report within 72 hours any instance of a licensee practicing while impaired or in a state of physical or mental health that poses a threat to patient care. Reporting dentists are immune from civil or criminal liability for such reports.
 • Finally, licensees can petition the Board to reopen and withdraw an order after 7 years from its issuance, in certain circumstances. A panel is assigned to review and investigate the issues causing the order, whether there are changes to the law and any actions taken by the licensee to improve their abilities, patient outcomes and service to the community. The panel and president may dismiss the case if they determine it is inappropriate to bring it before the Board.

If the bill becomes law, the changes will go into effect Nov. 1, 2024.

ADEA Advocacy in Action
This appears weekly in the ADEA Advocate to summarize and provide direct links to recent advocacy actions taken by ADEA. Please let us know what you think and how we might improve its usefulness.
 
Issues and Resources
 • ADEA report [ [link removed] ] on teledentistry
 • ADEA report [ [link removed] ] on the Impact of the COVID-19 Pandemic on U.S. Dental Schools
 • ADEA policy brief [ [link removed] ] regarding overprescription of antibiotics
 • For a full list of ADEA memos, briefs and letters click here [ [link removed] ] .

Key Federal Issues [ [link removed] ]

ADEA U.S. Interactive Legislative and Regulatory Tracking Map [ [link removed] ]

Key State Issues [ [link removed] ]

The ADEA Advocate [ [link removed] ] is published weekly. Its purpose is to keep ADEA members abreast of federal and state issues and events of interest to the academic dentistry and the dental and research communities.
 
©2024
American Dental Education Association
655 K Street, NW, Suite 800
Washington, DC 20001
Tel: 202-289-7201
Website: www.adea.org [ [link removed] ]

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B. Timothy Leeth, CPA
ADEA Chief Advocacy Officer
 
Bridgette DeHart, J.D.
ADEA Director of Federal Relations and Advocacy
 
Phillip Mauller, M.P.S.
ADEA Senior Director of State Relations and Advocacy
 
Contact Us:
[email protected] [ mailto:[email protected] ]

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