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American Dental Education Association

Volume 1, No. 56, April 7, 2020

ADEA Urges DeVos to Quickly Distribute COVID-19 Funding

 

Last week, ADEA joined members of the higher education community in a to Secretary of Education Betsy DeVos urging her to quickly release to universities funds allocated in the . The letter also requested that the Department of Education (ED) grant wide latitude to universities in use of the funds.

 

The CARES Act creates an Educational Stabilization Fund to support K-12 schools and colleges and universities during the COVID-19 national emergency. The fund includes $30 billion in relief, divided into three pools: funds to K-12, funds to higher education and funds to governors. Colleges and universities are eligible for funding under the latter two pools.

 

Forty-six percent of the Education Stabilization Fund, or $13.953 billion, is allocated to the higher education pool and ED will disburse 90% of the money directly to institutions. Of the funds awarded to institutions, 50% (about $6.279 billion) must be used to provide direct emergency aid to students.

 

Universities were forced to close their campuses to slow the spread of the coronavirus. Both universities and students suffered financial hardship due to these closures. Quickly accessing the funding set forth in the CARES Act is critical to universities and students, if they are to successfully weather the remainder of the school year and longer-term financial viability.

Coronavirus and Initial Licensure

 

For students graduating from dental schools and dental hygiene programs, the coronavirus has created uncertainty about licensure as regional testing agencies have postponed exams. While the picture for many graduating students is not clear yet, several states have taken steps to address this issue.

 

In , Gov. Douglas Ducey (R) issued an executive order requiring the Arizona State Board of Dental Examiners, and other state boards that issue licenses, to issue provisional licenses to applicants who meet all requirements but are unable to take examinations due to testing center closures and unavailability of electronic or remote testing options. Provisional licenses issued under the order are valid for six months and will be suspended 20 days after examinations become available. The order also requires licensing boards to suspend any rules that prevent or limit the amount of online or alternative learning hours permitted to issue or renew a license.

 

In , Gov. John Bel Edwards issued a proclamation that temporarily suspended the requirement that clinical dental licensing exams and clinical dental hygiene licensing exams include procedures performed on human subjects. This proclamation applies to graduates of CODA-accredited programs in Louisiana who have otherwise completed licensure applications. A issued by the Governor granted the Louisiana State Board of Dentistry the authority to issue licenses based on a 2020 graduation from a Louisiana-based, CODA-accredited program. Individuals must apply and complete their applications in 2020. Finally, a filed in the state legislature would allow the Board of Dentistry to waive or modify requirements that dentists or dental hygienists applying for licensure pass an examination that includes procedures performed on human subjects during any declared state of emergency.

 

In , Gov. Gretchen Whitmer (D) issued an executive order temporarily suspending any law or regulation to the extent that it requires health care professionals to pass an examination as a condition of licensure or license renewal, to the extent that the exam’s administration has been canceled while the emergency declaration is in effect.

 

ADEA AGR will continue to monitor and report implementation of these policies as well as developments of similar policies in other states.
OMB Approves Proposed Title IX Regulatory Changes

 

The Trump administration’s proposed changes to Title IX won , clearing a last regulatory hurdle before the Department of Education (ED) can issue final regulations.

 

Under President Obama, ED issued new guidance to colleges that made clear they were expected to investigate sexual harassment and assault under Title IX, the 1972 law prohibiting discrimination on the basis of sex in any federally funded education program. Education Secretary Betsy DeVos said the Obama guidance didn’t do enough to protect the rights of accused students and, in 2018, released draft regulations to govern how colleges handle misconduct complaints.

 

Under the administration’s proposal, schools could raise the burden of proof needed to find a student responsible and students would be guaranteed the right to indirectly cross-exam each other in a court-like setting. The divisiveness of these proposed regulations was apparent in the 100,000 comments filed in response to the proposed regulations.

 

On March 24, ADEA joined the higher education community in a to Secretary DeVos asking her to delay implementing the regulation. The higher education community is concerned that if the final regulations resemble the proposed regulations, implementing them, with their quasi court-like requirements, will be complex and not something universities are set up to undertake. Given the uncertainty surrounding the pandemic and its aftermath, universities currently do not have the capacity to properly implement the regulations.

 

At publication, no final publication date has been set for the approved Title IX regulation.

Update on Teledentistry

 

On March 28, Utah’s Gov. Gary Herbert (R) signed providing for the use of teledentistry. The bill allows dentists who are licensed in the state to use synchronous and asynchronous technology to collaborate with a dental hygienist to gather diagnostic information. This information can be used to form tentative basic treatment plans, provide appropriate preventive or urgent prescriptions, perform preventive dental procedures, deliver oral health education, and perform palliative or interim care or caries-arresting treatment as outlined in the treatment plan and authorized by the dentist.

 

Earlier in March, Virginia Gov. Ralph Northam (D) signed a establishing requirements for teledentistry in the state. The new law provides a definition of teledentistry, prohibits anyone who does not hold a license to practice from delivering teledentistry services, and prohibits the practice of teledentistry unless a “bona fide dentist-patient relationship” is established.

The legislation also provides minimum standards for taking digital scans and the qualifications for individuals permitted to take scans. Finally, the bill requires dentists to recommend a dental wellness examination when providing teledentistry services to a patient who has not had a dental wellness examination in the six months prior to the initiation of teledentistry.

The 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.

 

©2020

American Dental Education Association

655 K Street, NW, Suite 800

Washington, DC 20001

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B. Timothy Leeth, CPA

ADEA Chief Advocacy Officer

 

Bridgette DeHart, J.D.

ADEA Director of Federal Relations

 

Phillip Mauller, M.P.S.

ADEA Director of State Relations and Advocacy

 

Brian Robinson

ADEA Program Manager for Advocacy and Government Relations

 

Ambika R. Srivastava, M.P.H.

ADEA/Sunstar Americas, Inc./Jack Bresch Legislative Intern

 

Higher Logic