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American Dental Education Association

Volume 2, No. 15, June 22, 2021

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
 • NHSC Service Loan Repayment Program user guide [ [link removed] ] and application portal [ [link removed] ]
 • HRSA Faculty Loan Repayment Program user guide [ [link removed] ] and application portal [ [link removed] ]
 • ADEA memo [ [link removed] ] regarding vaccines at the state level
 • 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] ] .

ED Extends Title IX Protections to LGBTQ Students
 
The Department of Education (ED) issued [ [link removed] ] a Notice of Interpretation [ [link removed]? ] extending Title IX protections to LGBTQ students. Title IX is the federal law that prohibits sex discrimination at federally funded institutions. This new interpretation will be effective on the date the notice is officially published in the Federal Register, which will be within the coming weeks.
 
The Biden administration’s interpretation of Title IX brings it in alignment with the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which determined that under Title VII “sex” should be interpreted to include LGBTQ people, when they face discrimination based on their sexual orientation or gender identity. Though the Bostock ruling was narrow because it only applied to workplace discrimination, many legal scholars believe this ruling can plausibly be applied to other situations.
 
The Biden administration’s interpretation of the law reverses the prior Trump administration’s interpretation. Prior to President Trump leaving office, the ED released a policy memo [ [link removed] ] which stated that LGBTQ students are not expressly included in protections under Title IX. ED maintained that under Title IX, “sex” should only be interpreted to mean “biological sex, male and female.”
 
There have been at least 31 states that have introduced or passed bills that would ban transgender students from playing sports that correspond with their gender identity. These laws could be contested under Title IX.

ED Holds Public Hearings on Title IX
 
The Department of Education (ED) held five days of public hearings on Title IX. In advance of the hearings, ED received over 15,000 written comments and over 700 individuals and organizations registered to testify. Both supporters and opponents of the current Title IX regulations participated in the hearings or submitted comments to ED. The hearings were a fact-finding effort to receive testimony from all stakeholders impacted by Title IX and get their input on any changes to Title IX regulations that are needed. The hearings’ topics ranged from sexual assault and harassment prevention to transgender athletes, from fairness issues surrounding the Title IX hearing process to Title IX jurisdictional issues.
 
In May, ED announced [ [link removed] ] virtual public hearings to gather input on improving enforcement of Title IX of the Education Amendments of 1972. The hearings, which are being held in accordance with ED’s planned review of current Title IX regulations, stem from President Biden’s Executive Order [ [link removed] ] on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity signed on March 8. The order explicitly directed the Department to evaluate Title IX regulation changes implemented during the Trump administration to determine if they are inconsistent with the Biden administration’s policies. The hearings are also in line with the Biden administration’s overarching policy towards gender, gender identity and sexual orientation as set out in Biden’s Executive Order [ [link removed] ] on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. The order’s policy directive was “to prevent and combat discrimination on the basis of gender identity or sexual orientation, and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation.”
 
ED will consider information gathered from the hearings as it drafts its proposed changes to Title IX regulations. The proposed draft will likely be released before the fall.

Maryland Adds Comprehensive Dental Benefits for Pregnant and Postpartum People Enrolled in Medicaid
 
On May 30, a bill [ [link removed] ] became law in Maryland that will add comprehensive dental benefits for pregnant and postpartum people enrolled in Medicaid. Specifically, the bill requires the Maryland Medical Assistance Program to provide coverage for medical and other health care services, including comprehensive dental benefits, to all eligible pregnant people whose family income is at or below 250% of the poverty level. This coverage must be provided for the duration of the pregnancy and for one year immediately following the end of the pregnancy, as permitted by the federal law. The state currently provides [ [link removed] ] Medicaid coverage to pregnant women for 60 days postpartum.

Texas Governor Signs Teledentistry Bill
 
On June 16, Texas Gov. Greg Abbott (R) signed a bill [ [link removed] ] that would add a definition of teledentistry to the state’s telehealth laws. The following are among the changes made by the bill:
 • Teledentistry would include both synchronous and asynchronous communication as described in the bill.
 • The state’s Medicaid program would be required to reimburse dentists at the same rate as in-person dental service.
 • Private insurers would be required to provide coverage for a covered service or procedure delivered by a preferred or contracted health professional on the same basis and to the same extent that the plan provides coverage for the service or procedure delivered in an in-person setting.
 • The Texas State Board of Dental Examiners (TSBDE) would be permitted to adopt rules to address specified teledentistry topics that include allowing dentists to simultaneously delegate to and supervise through a teledentistry dental service up to five health professionals who are not dentists.
 • TSBDE would also be required to adopt rules that prohibit a dentist from prescribing an opiate for more than a two-day period or a controlled substance other than an opiate for more than a five-day period. (These periods may be extended by a day if the period for which the prescription is prescribed includes a weekend or a national holiday.)

Earlier this year, TSBDE determined that teledentistry could not be practiced under current law [ [link removed] ] . The bill has been sent to the State Senate for consideration.

Michigan Governor Signs Bills to Increase Licensure Portability for Members of the Military and Their Dependents
 
On June 10, Michigan Gov. Gretchen Whitmer (D) signed a pair of bills that would increase licensure portability for members of the military, veterans and their dependents. SB 312 [ [link removed](S(1d23s3qg23kwt1uxcu03dzaz))/mileg.aspx?page=GetObject&objectname=2021-SB-0312 ] and SB 157 [ [link removed](S(mfhqcwyn5ysx0wxbmzhg2wmf))/mileg.aspx?page=GetObject&objectname=2021-SB-0157 ] are tie-barred bills that address similar topics, and both bills were required to become law in order for either to become effective.
 
Together, the bills will require the state to issue an occupational license to any member of the military, a veteran or their dependent, if that person has held an active license granted by another jurisdiction for at least one year. Any person seeking licensure under the provisions of the bills must not have had a license revoked or suspended, unresolved discipline imposed or a complaint, any allegation or any investigation pending. Dependents are defined as a spouse, a surviving spouse, a child under 26 years of age or a surviving child under 26 years of age.

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.
 
©2021
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] [ [link removed] ]

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