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American Dental Education Association
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Volume 1, No. 58, April 22, 2020

U.S. Supreme Court Hears Oral Arguments Via Telephone
 
For the first time in its history, the U.S. Supreme Court will hear oral arguments over the telephone [ [link removed] ] and will make the live audio available to the public. This change in procedure is due to the coronavirus pandemic. Traditionally, the Court does not allow televised or live audio of its oral arguments, though transcripts, and in some cases recorded oral arguments, are made available.
 
From May 4-13, the Court will hear 10 cases, including three involving subpoenas for President Trump’s financial records. The final oral argument order and timing of the cases will be released once counsels’ availability is confirmed.
 
The Court had previously cancelled oral arguments [ [link removed] ] scheduled for the latter part of March through the end of April, which is when the court traditionally ends hearing oral arguments. Though oral arguments have been cancelled until May, the Court continues to deliberate and rule on cases previously argued earlier in the term.
 
One previously argued case of importance to the educational community is the Department of Homeland Security v. Regents of the University of California case, also known as the Deferred Action for Childhood Arrivals (DACA) case. Three appeals courts have ruled against the Trump Administration’s decision to end the DACA program. The program grants deferral from deportation and work permits to nearly 700,000 undocumented immigrants who arrived in the country as children. The status lasts for two years and is renewable, but it does not provide a path to citizenship.
 
Opponents to the Trump Administration’s decision to end the program argued that the decision was “arbitrary and capricious,” and therefore unlawful. They note that the administration did not properly consider the reliance of DACA recipients—as well as businesses, educational institutions, cities and municipalities—on the program’s continuation, nor had the administration considered the adverse impact ending the program would have on those who relied on it.
 
ADEA was among the 210 educational associations submitting amicus briefs in support of the DACA program.

More States Seek to Ease Restrictions on Initial Licensure During State of Emergency
 
In a previous edition [ [link removed] ] , the ADEA Advocate reported that three states eased restrictions on initial licensure for students graduating from dental or dental hygiene programs due to cancellation of clinical examinations. Recently, several additional states have taken action that could open the door for Boards of Dentistry to modify initial licensure rules.
 
In Oklahoma [ [link removed] ] , an executive order issued by Gov. J. Kevin Stitt (R) requires all state agencies with licensing authority over medical professionals to promulgate rules that increase opportunities for licensure for students and recent graduates who are not yet fully licensed to practice. Any license issued pursuant to emergency rules is valid while the executive order is in effect.
 
An executive order issued by California [ [link removed] ] Gov. Gavin Newsom (D) allows the director of the state’s Department of Consumer Affairs, for the duration of the declared state of emergency, to waive any of the professional licensing requirements and amend scopes of practice. Under the executive order, professional licensing requirements include—but are not limited to—the examination, education, experience and training requirements necessary to obtain and maintain licensure, and requirements governing the practice and permissible activities for licensees.
 
Finally, in Vermont [ [link removed] ] , Gov. Phil Scott (R) signed a bill that allows licensing boards to grant temporary licenses to graduates of approved education programs during a period when licensing examinations are not reasonably available. Temporary licenses granted under these conditions would authorize practice for up to 90 days and could be reissued by the board, if the declared state of emergency continues longer than 90 days.
 
While these policies take an important step that could have an impact on initial licensure for oral health professionals, dental boards in each of these states will still need to establish rules or policies that change processes for initial licensure in these states.
 
ADEA will continue to monitor the situation and will provide updates as further actions are taken.

Virginia to Establish State-run Health Care Exchange
 
On April 9, Virginia Gov. Ralph Northam (D) signed legislation [ [link removed] ] that will transition the state’s health insurance exchange from one that is federally run to one that is run by the state. The bill requires the State Corporation Commission to establish the exchange and begin the purchase and sale of qualified health and dental plans by July 1, 2023.
 
The establishment of a state-run marketplace [ [link removed] ] will allow the state to collect fees for running the exchange that are currently paid to the federal government. By keeping the estimated $91 million in fees, the bill’s sponsor believes the state-based exchange will provide better benefits than the federal government. Proponents of the state-based exchange have also argued that the state will gain more control over the marketplace as well as state-based outreach efforts, and extended enrollment periods will lead to increased enrollment which, in turn, will lead to more stable premiums.
 
Opponents of the plan, however, remain unconvinced that state control will lead to a more stable marketplace and fear that low carrier participation could be a consequence of shifting responsibilities to the state.
 
Currently, 13 states [ [link removed] ] operate a state-based marketplace, while six operate a state-based marketplace using the federal platform. Thirty-two states use a federally facilitated marketplace

DeVos Releases $3 Billion to Governors for Education
 
Last week, the Department of Education (ED) released $3 billion in funding [ [link removed] ] to states to address the unmet needs of the educational community caused by COVID-19 disruptions. The Governor’s Emergency Education Relief Fund, authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, requires ED to allocate formula-based grants to states that apply for them. ED’s goal is to quickly disburse the funds and give governors maximum flexibility in using them.
 
To secure the funds, governors will have to submit a streamlined application [ [link removed] ] and, once approved, ED will release the funding within three business days. Governors will have sole discretion over the funds and will establish their own application process to distribute funding. Both K-12 and post-secondary institutions will be eligible for these funds.
 
Secretary of Education Betsy DeVos hopes that governors “focus on continuity of education for all students,” when distributing the funding.

Grants and Funding Opportunities with NIDCR
 
The National Institute of Dental and Craniofacial Research (NIDCR) routinely posts opportunities for grants and funding in the field of dental research. Opportunities for funding and grants can be found by clicking this link [ [link removed] ] .

ADEA State Calendar [ [link removed] ]

ADEA Washington Calendar [ [link removed] ]

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

Key Federal Issues [ [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.
 
©2020
American Dental Education Association
655 K Street, NW, Suite 800
Washington, DC 20001
202-289-7201, 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 Director of State Relations and Advocacy
 
Brian Robinson
ADEA Program Manager for Advocacy and Government Relations
 
[email protected] [ mailto:[email protected]?subject=State%20Update%3A%20 ]

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