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American Dental Education Association

Volume 3, No. 79, April 30, 2025

Courts Temporarily Put Hold on the ED’s “Dear Colleague” Letter

 

On April 24, two federal judges in New Hampshire and Maryland ruled against the Department of Education’s (ED) Feb. 14 letter, which declared all race-based programming and activities illegal. Both courts found that plaintiffs in separate lawsuits were likely to prove that the letter violated procedural standards and the First and Fifth Amendments, due to the overreach of the Department’s statutory authority. Before these rulings, schools that did not comply with the guidance risked losing their federal funding.

 

Initially, in New Hampshire, U.S. District Judge Landya McCafferty issued a limited preliminary injunction protecting only members of the plaintiff in that case, whose primary plaintiff was the National Education Association (NEA). However, later that same day, in Maryland in a case filed by the American Federation of Teachers (AFT), U.S. District Judge Stephanie A. Gallagher expanded protections by issuing an order that blocks the letter nationwide until the cases are fully resolved. This means that in addition to K-12, institutions of higher education would also be covered by Judge Gallagher’s preliminary injunction.

 

The plaintiffs, primarily unions, argued that the ED’s letter used vague language that violated both the First and Fifth Amendments and exceeded the Department’s legal authority. In response, the Department argued the letter merely reminded schools that Title VI of the Civil Rights Act protects all students, including white students, from discrimination. They maintained that the letter simply clarified existing legal obligations and did not introduce new policies.

 

In her ruling, emphasized that the letter’s failure to clearly define terms like "DEI" could dangerously erode fundamental rights in education. Meanwhile, focused on the letter’s procedural and substantive constitutional flaws.

 

The rulings currently place only temporary holds on enforcement. ED will likely appeal the rulings.

 

NIH Places New DEI Restrictions on Grant Recipients

 

On April 21, the National Institutes of Health (NIH) issued a new requiring all domestic grant recipients to certify that they do not operate programs advancing or promoting Diversity, Equity and Inclusion (DEI); Diversity, Equity, Inclusion and Accessibility (DEIA); or discriminatory equity ideologies in violation of federal law, and they currently do not participate in, nor will they participate in, boycotts against Israel or Israeli companies. Violators risk losing NIH funding and may have to return previously awarded funds. The notice supersedes prior nondiscrimination rules.

 
New Arkansas Law Increases Medicaid Reimbursement Rates and Increases Caps

 

On March 15, Gov. Huckabee Sanders (R) signed , which introduced significant changes to the state’s Medicaid dental program:

  • Increased reimbursement rates: Beginning Sept. 1, 2025, Arkansas Medicaid will increase reimbursement rates for certain dental services to 60% of the 50th percentile for national fees, as outlined in the National Dental Advisory Service Comprehensive Fee Report. This increase specifically benefits oral and maxillofacial surgeons, pediatric dentists and providers treating adults with special needs.
  • Enhanced adult benefit cap: The annual reimbursement cap for dental services provided to adults with special needs will double from $500 to $1,000, also effective Sept. 1, 2025.

This legislation aims to enhance access to dental care for vulnerable populations in Arkansas by improving provider participation and expanding treatment options. It comes amid growing national conversations around Medicaid dental benefits and the need to strengthen oral health care infrastructure.

 

Indiana HB 1031 Advances to Modernize Dental Practice Regulations

 

The Indiana General Assembly voted in favor of HB 1031, that makes several changes to the state’s Dental Practice Act:

  • The bill clarifies that existing language on dental anesthetics cannot be interpreted to prevent physicians from practicing in dental offices.
  • The bill also allows a dentist to delegate the authority to take x-ray images to a dental assistant working in a state-owned or -operated correctional facility without providing direct supervision, so long as the dentist is available to supervise the dental assistant remotely.
  • The bill clarifies information dental offices in the state are required to submit to the Indiana State Board of Dentistry regarding licensed and unlicensed individuals who practice in an office.

The bill has been sent to Gov. Mike Braun (R) for consideration.

 
West Virginia Legislature Passes Teledentistry Bill, Awaits Governor’s Signature

 

The West Virginia legislature has advanced , which governs teledentistry. The bill passed by the state Senate on April 11 and is under consideration from Gov. Patrick Morrisey (R). If signed into law, the bill would establish requirements for teledentistry licensure and registration, aiming to enhance the quality and safety of dental services delivered remotely. Key provisions include the following:

  • Providers must maintain a bona fide relationship with patients, which involves reviewing medical records and conducting in-person examinations before offering services.
  • Teledentistry must also meet the same standard of care as in-person treatment, and providers are barred from relying solely on online questionnaires for diagnosis and treatment.
  • Informed consent is required, including identity verification and documentation prior to care.

The legislation also creates exceptions for emergency care and public health programs, where initial diagnoses via teledentistry may be permitted, if followed by in-person visits. Advertising regulations mandate disclaimers about the limitations of remote care. These changes are expected to expand access while shifting the landscape of dental service delivery in the state.

 

To learn more about teledentistry laws across the country, please refer to ADEA’s

 

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 on teledentistry
  • ADEA on the Impact of the COVID-19 Pandemic on U.S. Dental Schools
  • ADEA policy regarding overprescription of antibiotics
  • For a full list of ADEA memos, briefs and letters click .

The 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.

 

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American Dental Education Association

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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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