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American Dental Education Association
Volume 3, No. 55, September 18, 2024
FDA Updates Rule Regarding Minimum Age for Tobacco Sales
The U.S. Food and Drug Administration (FDA) announced a final rule [ [link removed] ] that updates regulations surrounding the sale of tobacco products to further align with the legislation signed in December 2019, which raised the federal minimum age for purchasing tobacco from 18 to 21. Effective Sept. 30, 2024, retailers will be required to verify the age of anyone under 30 years old by requesting photo identification when customers purchase tobacco products, including e-cigarettes. This change extends the previous requirement, which applied to individuals under 27, aiming to enhance efforts to prevent underage tobacco sales.
The new regulations also include a prohibition on selling tobacco products via vending machines in any facility where individuals under the age of 21 are allowed to be present. Previously, this restriction was applicable to facilities where individuals under 18 could be present.
Brian King, director of the FDA's Center for Tobacco Products, emphasized that maintaining stringent age restrictions is crucial to decreasing the rates of tobacco addiction and related health issues among youth.
Judge Blocks Biden’s Proposed Plan B Student Loan Forgiveness Program
A federal judge has issued a temporary injunction [ [link removed] ] on President Biden’s student debt relief plan, also known as “Plan B.” The complaint [ [link removed] ] against the plan was filed by seven states with Republican governors—Missouri, Georgia, Alabama, Arkansas, Florida, North Dakota and Ohio. This legal action comes after the Supreme Court previously upheld a similar hold on the Saving on a Valuable Education (SAVE) program, a key part of Biden’s strategy to alleviate student debt.
Plan B would have provided debt relief for up to 27 million borrowers, specifically targeting those with longstanding loans that have accumulated significant interest over time. The program would forgive the full amount of interest borrowers have accrued, provided they earn less than $120,000 as single borrowers or $240,000 as married couples and are enrolled in an income-driven repayment plan. Another provision permits a one-time, automatic cancellation of up to $20,000 in accrued interest for borrowers, regardless of income. Additionally, borrowers with outstanding undergraduate debt that is at least 20 years old, or graduate debt that is 25 years old, would also see their balances automatically forgiven under the rule.
The states allege that the administration is exceeding its authority and illegally preparing to forgive loans before the rule is even in effect, per an internal memo obtained by the states. The legal challenge highlights allegations that the Department of Education’s (ED) new rule was crafted with a strategic rollout designed to forgive substantial amounts of debt intended to benefit the Democratic presidential candidate ahead of the upcoming election.
Though the rule at issue is only a proposed rule (not a finalized rule), Judge J. Randal Hall of the Southern District of Georgia justified the temporary restraining order by noting that the states demonstrated a potential overreach of the ED's authority. This decision temporarily halts the program’s implementation while the legal disputes are resolved.
The administration plans to continue defending the program in court.
Illinois Governor Signs Bill Modifying Teledentistry Laws
Illinois Governor Gov. J.B. Pritzker (D) recently signed legislation [ [link removed] ] that creates modifications to the state’s teledentistry laws. The new law makes the following changes:
• It limits dentists to only providing teledentistry services to patients of record.
• The definition of “patient of record” was modified to require a dentist to perform a physical examination within the last year as well, and also conduct a review of a patient’s most recent x-rays.
• It creates an exception to the requirement to perform a physical evaluation if a dentist establishes a relationship with the patient through an exchange of protected health information for the purpose of providing specified types of emergent care.
• The definition of teledentistry was modified to include diagnosis and treatment planning. The previous definition only allowed for patient care and education delivery.
• It requires informed consent from a patient before teledentistry services can be provided.
• It dictates that a patient who is provided services under a supervision agreement by a public health dental hygienist does not need to receive a physical examination from a dentist prior to treatment if the public health dental hygienist consults with the supervising dentist prior to performing the teledentistry service.
• It requires that a dentist providing teledentistry must give the patient his or her name, direct telephone number and physical practice address.
California Legislature Sends Legacy Admissions Ban Bill to Governor
The California State Assembly has sent legislation to Gov. Gavin Newsom (D) that, if enacted, would ban legacy and donor preference admissions at private, non-profit institutions. The state’s public institutions currently do not consider legacy in admissions [ [link removed] ] , and only a handful of private institutions make a consideration when conducting admissions.
Interest in banning legacy admissions grew after the Supreme Court banned the consideration of race in admissions. If the bill becomes law, California would become the fifth state to ban legacy admissions.
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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
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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
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