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American Dental Education Association


Volume 3, No. 48, June 26, 2024

New Title IX Regulations Blocked in 10 States
 
In the past week, two federal district courts have issued preliminary injunctions prohibiting the implementation of the recently released 2024 Title IX final rule. These injunctions affect 10 states: Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, Tennessee, Virginia and West Virginia.
 
On June 17, the U.S. District Court for the Eastern District of Kentucky issued a preliminary injunction [ [link removed] ] , halting the enforcement of the U.S. Department of Education’s (ED’s) new Title IX regulations. These rules, initially scheduled to take effect on Aug. 1, 2024, have been blocked in Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia. This decision follows a similar injunction [ [link removed] ] by a Louisiana federal district court issued on June 13, affecting Idaho, Louisiana, Mississippi and Montana.
 
Both the Kentucky and Louisiana courts determined that the ED overstepped its statutory authority by expanding the definition of “sex” to include “gender identity.” The court emphasized that Title IX's original language and legislative history indicated that "sex" referred solely to biological sex.
 
The Kentucky court, however, raised additional concerns in its order. The court raised First Amendment concerns, suggesting that the new regulations might compel speech, such as requiring teachers to use preferred pronouns against their religious beliefs. Additionally, the Court criticized the Department’s rulemaking process as arbitrary and capricious. It argued that ED failed to provide a reasoned explanation for changing the long-standing interpretations of "sex.”
 
Additionally, the preliminary injunction granted by the Kentucky court noted that the plaintiffs showed a likelihood of irreparable harm due to potential compliance costs, loss of federal funding, interference with state educational sovereignty and constitutional violations.
 
In the 10 states where the preliminary injunction is in effect, the current Title IX rule will remain in effect as the cases move through the judicial system.

American Medical Association Adopts Policy to Support Expanded Dental Benefits
 
The American Medical Association (AMA) recently adopted [ [link removed] ] a policy to support expanding dental coverage under Medicare and Medicaid. This decision was part of several new policies introduced during the AMA's Annual House of Delegates Meeting, which took place June from 7 to 12.
 
The AMA also adopted policies supporting coverage expansion for hearing and vision. Other newly adopted policies focused on mental health treatment, patient protection and medical education, among other areas.
 
Currently, only 19 states offer comprehensive adult Medicaid coverage, while 31 offer limited or emergency coverage. Medicare primarily provides dental care only when it impacts another condition or illness.
 
AMA's updated policy reflects a commitment to addressing these critical areas of health care, recognizing that comprehensive coverage for hearing, vision and dental benefits is essential for overall health and well-being.
 
During the meeting, Pratistha Koirala, M.D., Ph.D., a member of the AMA's Board of Trustees, highlighted the significant impact of neglecting vision, hearing and dental issues, stating that “there isn’t much logic to the fact that most Medicaid patients don’t get comprehensive coverage above the neck. Failure to address vision, hearing and dental issues not only leads to more severe health problems but also represents preventable obstacles to work and everyday life.”

Illinois Legislature Sends Two Dental Practice Act-related Bills to Governor
 
The Illinois General Assembly has sent a pair of bills to Gov. J.B. Pritzker (D) for signing that would make changes to the state’s Dental Practice Act.
 
HB 5059 [ [link removed] ] would create an allowance for qualified individuals to practice as dentists before receiving a license. Under the bill, an applicant for a general dental license or a temporary training license will be permitted to practice before receiving a license in a Commission on Dental Accreditation (CODA)-accredited specialty or residency training program for a period of three months from the program's starting date. Permission to practice pre-license can be extended by the Department of Financial and Professional Regulation if requested in writing. Additionally, individuals authorized to practice dentistry under this exception may only perform acts that are prescribed by and incidental to the applicant's program of residency or specialty training.
 
SB 2822 [ [link removed] ] creates new training requirements to qualify for sedation permits. Under the bill, an individual applying for a permit to administer moderate sedation must complete at least 75 hours of didactic and supervised clinical study in either:
 • a CODA-accredited dental specialty program, advanced education in general dentistry or specified residency programs that include training as described in the bill; or
 • a structured course of study provided by an approved continuing education provider that meets training requirements described in the bill.

To qualify for a permit to administer deep sedation and general anesthesia an individual must do one of the following:
 • Hold a specialty license in oral and maxillofacial surgery;
 • Complete a CODA-accredited oral or maxillofacial surgery residency program;
 • Complete a CODA-accredited dental anesthesiology residency program; or
 • Complete a minimum of two years of advanced training in anesthesiology beyond the pre-doctoral level in a training program approved by CODA.

Ohio General Assembly Passes Dentist and Dental Hygienist Compact
 
The Ohio General Assembly has passed legislation that would allow the state to join the Dentist and Dental Hygienist Compact. The bill passed the state Senate by unanimous vote and overwhelmingly passed the House by an 87-11 vote. The bill will now be sent to Gov. Mike DeWine (R) for review.
 
The compact is currently in the implementation phase. Participating states can take steps toward forming the Compact Commission, which will oversee the compact's implementation. Each participating state will have one Commissioner selected by each state’s licensing authority.
 
Following implementation, the compact will create a pathway to licensure portability for dentists and dental hygienists who are licensed in member states. Licensees who live in states that are compact members can apply for a “compact privilege” that will allow them to practice in another member state. Under the model compact [ [link removed] ] that was written by The Council for State Governments, license holders will be granted the opportunity to apply for compact privilege if they do the following:
 • Hold a license as a dentist or dental hygienist;
 • Graduate from a Commission on Dental Accreditation-accredited program;
 • Successfully complete a clinical assessment for licensure, with “clinical assessment” currently defined as an examination or process required for licensure as a dentist or dental hygienist, as applicable, that provides evidence of clinical competence in dentistry or dental hygiene;
 • Pass a National Board Examination of the Joint Commission on National Dental Examinations or another examination accepted, by rule, as a requirement for licensure;
 • Meet any jurisprudence requirements;
 • Complete a criminal background check;
 • Submit an application and pay applicable fees; and
 • Comply with requirements to submit specified information for administrative purposes.

The compact has been adopted by nine states [ [link removed] ] and is currently active in two states in addition to Ohio.

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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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