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American Dental Education Association
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Volume 1, No. 61, May 12, 2020

Department of Education Issues Additional Reporting Requirements for CARES Act Student Aid
 
The Trump administration on May 6 instructed universities that receive federal stimulus funding to publicly detail how they are distributing the money disbursed as emergency financial aid grants to students. The new guidance [ [link removed] ] applies to the $6.28 billion in student aid grants established by the Higher Education Emergency Relief Fund authorized in the Coronavirus Aid, Relief and Economic Security (CARES) Act. The funding is intended to assist students in meeting any pandemic-related expenses caused by their schools’ closures.
 
Though universities are given significant flexibility when disbursing emergency financial grants, the CARES Act required universities to submit reports to the Department of Education (ED). ED is expected to provide additional information regarding submission of the reports soon.
 
However, the guidance issued last week mandates additional reporting requirements on universities. Under the guidance, universities must publish information on their respective websites detailing the amount of money the university received as well as the number of students who received the grants, among other information. The information must be made public in “a format and location that is easily accessible to the public,” and universities must begin posting information within 30 days of receiving the funding from ED and update the posting every 45 days afterward.

Three More States Temporarily Modify Dental Clinical Examination Requirements for Initial Licensure
 
On April 24, the Pennsylvania [ [link removed] ] Department of State issued a summary of waivers and suspensions to clinical examination requirements for dentists and dental hygienists seeking initial licensure.
For dentists, the following changes were made:
 • The periodontal/scaling portion of the clinical exam has been waived.
 • The State Board of Dentistry is allowed to temporarily accept a substitute for the live-patient restorative component of the dental clinical exam. Specifically, the board has the authority to accept the American Board of Dental Examiners’ nonpatient-based, restorative dentistry exam administered by The Commission on Dental Competency Assessments and Council of Interstate Testing Agencies Inc. for the 2020 administration of the clinical dental exam.
 • The Board has also been granted permission to accept any other nonpatient-based, restorative dentistry examination developed/offered by the other three regional examining bodies, provided that the board finds them to be psychometrically sound, valid, reliable and legally defensible.

The following changes were made for dental hygienists:
 • The requirement that candidates pass the patient treatment clinical exam (PTCE) is temporarily suspended.
 • As they await resumption of the PTCE, dental hygienist candidates who have satisfied all other requirements of licensure may apply for a provisional license from the Department of State. The provisional license will allow these individuals to practice until it is safe for them to take the patient-based examination or until a manikin-based clinical examination for hygienists becomes available and is approved by the Board.

In Oklahoma [ [link removed] 2020-2 signed.pdf ] , the Board of Dentistry is allowing dentists and dental hygienists to fulfill the live-patient portion of their exam between May 1 and Dec. 31 by one of the following methods:
 • For dentists, they may provide written documentation that shows procedures required to be completed on a clinical examination by statute were completed on a live patient during class studies, clinic or residency at a Commission on Dental Accreditation-approved school. The documentation must include a signed statement from the student, the supervising dentist and the dean of the dental school.
 • For dental hygienists, they may provide documentation of live-patient, clinical treatments with an evaluation of specific clinical skills required by statute, as well as documentation that shows compliance with professional standards. The documentation must include a signed statement from the applicant and the director of the dental hygiene program.
 • For both dentists and dental hygienists, to request a temporary emergency license that would allow a candidate for licensure to work with a supervising dentist, they may find patients that meet criteria that would allow the candidate to demonstrate clinical skills required by statute and request the Board to assign a designated board examiner to validate treatment was correctly completed.
 • For both dentists and dental hygienists, they may demonstrate treatment on a live patient during a regional exam, if possible.

Finally, the Texas [ [link removed] ] State Board of Dental Examiners issued a statement on May 1, clarifying that the Board will accept results from regional exams that do not include a live patient, but also comply with applicable state statutes and rules. The statement applies to candidates for licensure as a dentist and candidates for licensure as dental hygienists.
 
ADEA’s Advocacy and Government Relations (AGR) division is monitoring developments on this licensure issue across the country. A list of other states that have modified requirements for initial licensure can be found here [ [link removed] ] .

Education Secretary Betsy DeVos Issues New Title IX Regulations
 
The U.S. Department of Education (ED) released [ [link removed] ] long-awaited changes to the Title IX regulations last week. The new regulations [ [link removed] ] are 2000-pages long and represent a sea change [ [link removed] ] in Title IX policy. They go into effect on Aug. 14.
 
Under President Obama, ED issued new guidance to universities which made clear that they were expected to investigate sexual harassment and assault under Title IX, the 1972 law that prohibits 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 universities handle misconduct complaints.
 
ADEA and others in the educational community opposed the proposed regulations due to their burdensome implementation costs. ADEA also supported women’s rights advocates who expressed their concern that the proposed regulations would discourage victims from reporting misconduct due to the new adjudication mechanisms required by the proposed regulations.
 
According to ED, some of the regulation changes would:
 • Define sexual harassment to include sexual assault, dating violence, domestic violence and stalking, as unlawful discrimination on the basis of sex;
 • Require schools to offer clear, accessible options for any person to report sexual harassment;
 • Require the school to offer survivors supportive measures, such as class or dorm reassignments or no-contact orders;
 • Hold colleges responsible for off-campus sexual harassment at houses owned or under the control of school-sanctioned fraternities and sororities;
 • Require that all students be provided written notice of allegations, the right to an advisor and the right to submit, cross-examine and challenge evidence at a live hearing;
 • Shield survivors from having to come face-to-face with the accused during a hearing and from answering questions posed personally by the accused;
 • Require schools to select one of two standards of evidence—the preponderance of the evidence standard or the clear-and-convincing evidence standard—and to apply the selected standard evenly to proceedings for all students and employees, including faculty;
 • Provide "rape shield" protections and ensure survivors are not required to divulge any medical, psychological or similar privileged records;
 • Require schools to offer an equal right of appeal for both parties to a Title IX proceeding;
 • Give schools flexibility to use technology to conduct Title IX investigations and hearings remotely; and
 • Prohibit schools from using Title IX in a manner that deprives students and faculty of rights guaranteed by the First Amendment.

ADEA’s Access, Diversity and Inclusion (ADI) Division will present a more in-depth webinar on the new Title IX regulations next month.

Internal Revenue Service Says Emergency Student Aid Is Not Income
 
Last week, the Internal Revenue Service (IRS) published [ [link removed] ] on its website a series of Frequently Asked Questions about the emergency financial aid that the Department of Education is dispersing to students and institutions. Some have asked whether the aid provided to students in response to the COVID-19 pandemic might be considered as income for federal tax purposes, since the aid was intended to compensate for things other than tuition. Below is the IRS response to that question found in the FAQ:
 
“Emergency financial aid grants under the CARES Act for unexpected expenses, unmet financial need, or expenses related to the disruption of campus operations on account of the COVID-19 pandemic, such as unexpected expenses for food, housing, course materials, technology, health care, or childcare, are qualified disaster relief payments under section 139 of the Internal Revenue Code. This grant is not includible in your gross income.”

Some States Resume Routine Dental Procedures
 
States are beginning to take steps to reopen businesses after lengthy, mandated shutdowns due to the COVID-19 pandemic. In some, that includes allowing dental practices to resume elective and other non-emergency procedures that were not permitted during shutdowns. To date, at least 24 [ [link removed] ] states have issued official statements allowing dental offices to resume these procedures.

Provider Relief Fund Gets Additional $75 Billion
 
In the most recent COVID-19-related legislation, the Paycheck Protection Program and Health Care Enhancement Act, $75 billion was added to the already $100 billion in funding included in the Coronavirus Aid, Relief and Economic Security (CARES) Act’s Provider Relief Fund. These funds are being used for health care-related expenses or lost revenue that are attributable to COVID-19.
 
In addition to writing to Congress and the Trump administration in late March about the lost revenue suffered by dental school clinics, ADEA also wrote a similar letter to Secretary of Health and Human Services (HHS) Alex Azar on April 18, encouraging access to reimbursement funds. ADEA has been in continual contact with Secretary Azar’s office. Staff were on a call on May 5 with the Deputy Secretary of HHS Eric Hargan who gave an update on the status of the allocations from the Provider Relief Fund. The first allocation in funding was $50 billion dispersed to hospitals based on Medicare revenue, next was $12 billion to hospitals in “hot spots”, and last week, $10 billion was slated to go to rural hospitals and certain rural community health facilities.
 
The next allocations will be to dental practitioners and skilled nursing facilities. ADEA is monitoring the situation and will inform when applications are open. Deputy Secretary Hargan told ADEA that it is being developed.
 
To track when applications will be available, go to the Provider Relief Fund [ [link removed] ] website and click on the “Additional Allocation” link. Members can contact ADEA with any questions, concerns or thoughts regarding the funding and application process.

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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