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Title IX Injunction Extended to Include 364 Additional Colleges and Universities
On July 2, 2024, the U.S. District Court for the District of Kansas issued an injunction
halting the Department of Education's (ED) enforcement of new Title IX regulations in Alaska, Kansas, Utah, and Wyoming, and in schools attended by members or the children of members of the three organizations that sued along with the states: Moms for Liberty, Young America's Foundation and Female Athletes United. The court ordered these organizations to provide a list of schools attended by their members or their members’ children.
On July 15, 2024, Young America’s Foundation and Female Athletes United, which are campus- based groups, filed an initial list of schools attended by their members. However, they only submitted the schools of the four children of the Moms for Liberty members, who were plaintiffs. Moms for Liberty then asked the court to allow them to submit a list of counties where their members live instead of specific schools, but this request was denied. The court gave them until July 26, 2024, to submit a revised list of schools. On July 26, 2024, the full list was submitted.
According to Inside Higher Education, in addition to individual K-12 schools, “the list
includes 364 colleges and universities in 26 states that aren’t currently suing the Biden administration over the regulations.” This list adds additional educational institutions to the already long list of schools prohibited from implementing Title IX, by court order, in 15 states.
It is important to remember that this list will likely grow because the court’s order noted that prospective members of the plaintiffs’ group would also be covered by the injunction. This means that one new member of either the Young America’s Foundation or the Female Athletes United could automatically trigger the injunction. The effect would be that the campus the new member is enrolled at would now be prohibited from implementing or enforcing the new Title IX regulations, so as long as the campus had previously implemented them, the new Title IX regulations.
The U.S. Department of Education (ED) is appealing the court’s order.
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Senate Appropriations Committee Marks Up Labor-HHS Bill
The U.S. Senate Committee on Appropriations reported its version of the fiscal year 2025 appropriations bill for the Departments of Labor, Health and Human Services, Education and Related Agencies (LHHS), S. 4942, last week. The Senate bill totals $231.34 billion — $45.5 billion more than the comparable House bill.
Importantly, the Senate bill funds the National Institutes of Health (NIH) as it is currently structured, with 27 institutes and centers, rather than the streamlined model proposed in the House appropriations bill, which would eliminate the National Institute of Dental and Craniofacial Research (NIDCR). The Senate bill provides $520.2 million, the same as the FY 2024 appropriated level for NIDCR in FY 2025.
For the Oral Health Training Programs within the Health Resources and Services Administration, the Senate bill also provides $43.7 million, the same as the current fiscal year, and $1 million below the House allowance. The difference is reflected in the amount set aside for General Dentistry residencies and Pediatric Dentistry residencies, where the Senate includes $13 million for each, whereas the House bill provides $13.5 million for each. And the Ryan White Part F, Dental Reimbursement program is funded at $13.6 million, the same level as the current fiscal year and the House bill.
Other appropriations of interest include the Health Careers Opportunity Program, which is funded at the current level of $16 million. The House bill contains no appropriation for this program and the Area Heath Education Centers is funded at $47 million, which is, again, the same as the current level as well as the House allowance.
With Congress on break until Sept. 9, no further action will take place until after that date, and, in all likelihood, until after the election.
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“Food as Medicine” Provision Included in Older Americans Reauthorization Act
Last week, the U.S. Senate Committee on Health, Education, Labor and Pensions marked up S.4776, the "Older Americans Reauthorization Act (OAA) of 2024." This bill reauthorizes the “Older Americans Act of 1965” to provide critical nutrition, social, economic, and health services to millions of older Americans. The bill passed out of the committee with bi-partisan support.
This bill includes a provision regarding medically tailored meals, also known as “Food as Medicine.” Medically tailored meals will now be an allowable use of funding provided under this act. These specialized meals, tailored to the medical and nutritional needs of individuals, are deemed in the bill as an innovative intervention that can be used by the medical community to improve patient outcomes.
The bill now goes to the Senate floor for a vote.
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Illinois Governor Signs Bill Allowing Pre-License Practice
Illinois Governor J.B. Pritzker (D) signed legislation that 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 state’s 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.
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Pennsylvania Board of Dentistry Proposes Changes to Licensure by Credentials Rules
The Pennsylvania State Board of Dentistry has
proposed changes to its rules that govern the practice of granting a license by credentials. Under the proposed rules, the Board will issue a license to a dentist, dental hygienist or expanded function dental assistant who meet the following qualifications:
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Holds a current license, certification, registration or permit in good standing to practice as a dentist, dental hygienist or expanded function dental assistant in another jurisdiction whose licensure standards are substantially equivalent to professional education and examination standards referenced in the proposed rule;
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Demonstrates competency by establishing experience in the practice of the profession by demonstrating, at a minimum, that the applicant has actively engaged in the licensed practice of their profession under a license, certificate, registration or permit in a jurisdiction or jurisdictions that have substantially equivalent licensure standards for at least 2 of the 5 years immediately preceding the filing an application;
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Has not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice;
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Has not been disciplined by the jurisdiction that issued the license, certificate, registration or permit;
- Completes 3 hours of training in child abuse recognition and reporting from a provider approved by the state’s Department of Human Services; and
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Submits an application along with required documentation, required fees and, if applicable, appears for an interview with the Board.
The Board may also issue a provisional license for up to one year while an applicant is satisfying the remaining requirements for licensure by endorsement.
The rules are being proposed in response to 63 Pa. C.S. § 3111, a law that became effective in 2020. The law requires the state’s licensing boards to issue a license by credentials to anyone who meets specified professional standards, and “holds a current license, certificate, registration or permit from another state, territory or country and the licensing board or licensing commission determines that state's, territory's or country's requirements are substantially equivalent to or exceed the requirements established in this Commonwealth.”
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ADEA Advocate to Take Hiatus During Congressional August Recess
The ADEA Advocate will take a break as well during Congress’s annual August Recess and will publish again on Sept. 17, after Congress returns.
Awaiting the lawmakers upon their return will be a full agenda of unfinished items that will command some attention. First, there will be the 12 appropriations bills. The House Appropriations Committee has reported out all of its bills, including the Labor-HHS-Education bill (see the July 17 ADEA Advocate for a summary), but has not considered it on the floor as of yet. The U.S. Senate Appropriations Committee reported its version of the bill last week. See “Senate Appropriations Committee Marks Up Labor-HHS Bill” in this edition of the Advocate for a summary. The fiscal year will end on September 30, and Congress must come to an agreement on each bill, or, as is much more likely, pass a Continuing Resolution to keep agencies functioning and the Federal government open past that date before the end of the month.
During the hiatus, watch ADEA Connect for breaking news.
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