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American Dental Education Association

Volume 2, No. 60, June 28, 2022

FDA Bans Juul’s E-Cigarettes from U.S. Market
 
The Food and Drug Administration (FDA) denied [ [link removed] ] Juul’s premarket tobacco product applications. The FDA cited safety concerns for the denial, specifically the agency said Juul’s applications lacked “sufficient evidence regarding the toxicological profile of the products to demonstrate that marketing of the products would be appropriate for the protection of the public health”, according to the FDA-issued market denial orders (MDOs) [ [link removed] ] .
 
The MDOs apply to tobacco- and menthol-flavored e-cigarette cartridges.
 
In 2020, Juul stopped the sales of sweet- and candy-flavored e-cigarette cartridges in response to the FDA’s prohibition on that category of e-cigarettes. While the FDA continued its review of the premarketing tobacco product applications, Juul and other companies were permitted to continue selling tobacco- and menthol-flavored cartridges.
 
The MDOs effectively force the e-cigarette brand off the market. The orders are enforceable only against the commercial distribution, importation and retail sales of Juul’s products. The FDA made it clear that the MDOs were not enforceable against individual consumer possession or use, thereby addressing concerns that the banning of menthol-flavored tobacco products would result in an increase in arrests of minorities who are the majority of menthol tobacco users.
 
Juul will seek a stay of the FDA MDOs while appealing [ [link removed] ] the agency’s decision.

ED Releases Proposed Title IX Rule
 
On the 50th anniversary of the passage of Title IX, the Department of Education (ED) released the long-awaited Notice of Proposed Rulemaking for Title IX. Title IX of the Education Amendments of 1972 is a law that prohibits discrimination on the basis of sex in any federally funded education program. ED interprets sexual harassment and sexual assault as forms of sexual discrimination, which is prohibited under Title IX.
 
The proposed rule addresses all areas covered by Title IX, except for athletics. ED notes in that it will address Title IX’s application to athletics in a separate rulemaking. No timeline was given for this separate rulemaking.
 
At the urging of many in the education community, women advocacy groups and civil rights groups, the Biden administration reviewed the current Title IX regulations and subsequently released a new 700-page proposed Title IX rule. Two issues of interest addressed by the proposed rule are live hearings and the protection of LGBTQ+ students and staff. Under the proposed rule, live hearings to address Title IX claims would no longer be required but instead would be optional, and the extension of Title IX protections for LGBTQ+ students and staff are codified. This would mean that schools would have to accommodate transgender students and staff by allowing them to use bathrooms that align with their gender identity, and ban bullying based on their gender identity among other changes.
 
The proposed rule would also:
 • Protect students and employees from all forms of sex discrimination;
 • Provide full protection from sex-based harassment;
 • Require schools to take prompt and effective action to end any sex discrimination in their education programs or activities, and to prevent its recurrence and remedy its effects;
 • Protect students and employees who are pregnant or have pregnancy-related conditions;
 • Require schools to respond promptly to all complaints of sex discrimination with a fair and reliable process that includes trained, unbiased decisionmakers to evaluate the evidence;
 • Require schools to provide supportive measures to students and employees affected by conduct that may constitute sex discrimination, including students who have brought complaints or have been accused of sex-based harassment;
 • Protect LGBTQ+ students from discrimination based on sexual orientation, gender identity and sex characteristics;
 • Clarify and confirm protection from retaliation for students, employees and others who exercise their Title IX rights; and
 • Ensure that schools share their nondiscrimination policies with all students, employees and other participants in their education programs or activities.

 
The public comment for the proposed Title IX rule will be 60 days from the date of publication in the Federal Register. Here is the unofficial version of the proposed rule [ [link removed] ] . ADEA is awaiting the rule’s official publication in the Federal Register.

Senate Passes Gun Safety Legislation With Health Care Provisions
 
The President has signed the Bipartisan Safer Communities Act, which contains provisions unrelated to gun violence that are of interest to dental education. Sec. 11002 of the measure, entitled Medicaid and Telehealth, would require the Secretary of Health and Human Services (HHS) to provide guidance to states in 18 months. Should it become law, ADEA and its members may want to offer comments or share their thoughts on how telehealth can be used in dental schools and allied dental programs to provide better and more timely oral health care.
 
There are also supplemental appropriations to the HHS Secretary’s Public Health and Social Services Emergency Fund to provide mental and behavioral training to primary care workers who provide care to pediatric populations. ADEA will track this section of the bill as well to help ensure that all health care providers are included in the training.

Hawaii Gov. Signs Bill Allowing Dental Assistants in Public Health Settings to Perform Limited Tasks Under Dental Hygienists’ Supervision
 
On June 17, Hawaii Gov. David Ige (D) signed a bill [ [link removed] ] that will allow dental assistants to perform limited duties under the general supervision of a licensed dentist in public health settings and under the direction of a licensed dental hygienist. The limited tasks allowed under the bill include:
 • Taking intra-oral and extra-oral photographs and recording or charting clinical findings as directed by the licensed dental hygienist;
 • Exposing, processing, mounting and labeling radiographs;
 • Measuring and recording vital signs; and
 • Assisting the licensed dental hygienist who is performing a dental procedure on a patient.

Oregon Board of Dentistry Approves Dental Therapy Regulations
 
On June 17, the Oregon Board of Dentistry approved final rules for dental therapy. The regulations come almost a year after Gov. Kate Brown (D) signed a bill [ [link removed] ] allowing dental therapists to practice statewide. The rules cover topics like:
 • Requirements for collaborative practice agreements,
 • Scope of practice,
 • Requirements for licensure,
 • Licensure portability,
 • Continuing education,
 • Recordkeeping and
 • A requirement for dental therapists to dedicate at least 51% of their practice to patients who represent underserved populations.

The newly passed rules incorporate the work of the Dental Therapy Rules Oversight Committee [ [link removed] ] and will take effect July 1.

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 memo [ [link removed] ] regarding vaccines at the state level
 • ADEA report [ [link removed] ] on teledentistry
 • HRSA Faculty Loan Repayment Program [ [link removed] ]
 • 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] ] .

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.
 
©2022
American Dental Education Association
655 K Street, NW, Suite 800
Washington, DC 20001
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 Director of State Relations and Advocacy
 
Brian Robinson
ADEA Program Manager for Advocacy and Government Relations
 
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