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2 | 2 | | SENATE DOCKET, NO. 747 FILED ON: 1/18/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1379 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Adam Gomez |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to improve oral health for all Massachusetts residents. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Adam GomezHampdenJason M. LewisFifth Middlesex1/18/2023Sal N. DiDomenicoMiddlesex and Suffolk2/23/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 16 |
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16 | 16 | | SENATE DOCKET, NO. 747 FILED ON: 1/18/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1379 |
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18 | 18 | | By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1379) of Adam Gomez, Jason M. |
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19 | 19 | | Lewis, Sal N. DiDomenico and James B. Eldridge for legislation to improve oral health for all |
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20 | 20 | | Massachusetts residents. Public Health. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 743 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to improve oral health for all Massachusetts residents. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, |
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32 | 32 | | 2is hereby amended by inserting after Section 34H the following new section:- |
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33 | 33 | | 3 Section 34I. A public school shall notify the parent or legal guardian of a pupil described |
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34 | 34 | | 4in the second paragraph of section 57 of chapter 71 concerning the importance of oral health |
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35 | 35 | | 5screenings. The department of public health in, consultation with the board of registration in |
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36 | 36 | | 6dentistry, shall develop a standard form of notice containing at minimum the following: 1) |
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37 | 37 | | 7information on the importance of primary teeth; 2) information on the importance of oral health |
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38 | 38 | | 8to overall health as it relates to learning; 3) contact information for local public health |
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39 | 39 | | 9departments; 4) information about programs and services to access affordable dental care. 2 of 16 |
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40 | 40 | | 10 SECTION 2. Section 7 of chapter 94C of the General Laws, as so appearing, is hereby |
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41 | 41 | | 11amended by striking out, in lines 80 and 81, the words "practical nurse or a licensed dental |
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42 | 42 | | 12hygienist", and inserting in place thereof the following words:- practical nurse, or a licensed |
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43 | 43 | | 13dental therapist under the supervision of a practitioner as defined in section 1 for the purposes of |
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44 | 44 | | 14administering analgesics, anti-inflammatories and antibiotics only, or a licensed dental hygienist. |
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45 | 45 | | 15 SECTION 3. Paragraph (a) of section 9 of said chapter 94C, as so appearing, is hereby |
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46 | 46 | | 16amended by adding the following paragraph:- |
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47 | 47 | | 17 A practitioner, as defined in section 1, may cause controlled substances to be |
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48 | 48 | | 18administered under his direction by a licensed dental therapist, for the purposes of administering |
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49 | 49 | | 19non-narcotic analgesics, anti-inflammatories and antibiotics only. |
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50 | 50 | | 20 SECTION 4. Paragraph (c) of said section 9 of said chapter 94C, as so appearing, is |
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51 | 51 | | 21hereby amended by adding the following paragraph:- |
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52 | 52 | | 22 A licensed dental therapist who has obtained a controlled substance from a practitioner, |
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53 | 53 | | 23as defined in section 1, for dispensing to an ultimate user pursuant to paragraph (a) shall return to |
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54 | 54 | | 24such practitioner any unused portion of the substance which is no longer required by the patient. |
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55 | 55 | | 25 SECTION 5. Subsection (a) of section 4O of chapter 111 of the General Laws, as so |
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56 | 56 | | 26appearing, is hereby amended by inserting after the word "disparities", in line 9, the following:- |
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57 | 57 | | 27 The dental director shall be responsible for recruiting, monitoring progress of, and |
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58 | 58 | | 28supporting dental health providers. The dental director shall aim to increase the delivery of |
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59 | 59 | | 29preventative dental services to underserved and vulnerable populations, including but not limited 3 of 16 |
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60 | 60 | | 30to, those residing in dental health provider shortage communities and pediatric and geriatric |
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61 | 61 | | 31patients. |
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62 | 62 | | 32 SECTION 6. Said section 4O of said chapter 111 is hereby further amended by inserting |
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63 | 63 | | 33after the word "to", in line 32, the following word:- “annual”. |
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64 | 64 | | 34 SECTION 7. Section 43A of chapter 112, as so appearing, is hereby amended by |
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65 | 65 | | 35inserting after the definition of "Appropriate supervision" the following 2 definitions:- |
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66 | 66 | | 36 "Board", the board of registration in dentistry or a committee or subcommittee thereof |
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67 | 67 | | 37established in the department of public health pursuant to sections 9 and 19 of chapter 13, |
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68 | 68 | | 38chapter 30A and sections 43 to 53, inclusive. |
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69 | 69 | | 39 "Collaborative management agreement", a written agreement that complies with section |
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70 | 70 | | 40B between a dental therapist and a supervising dentist, as defined in section 43A, who holds a |
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71 | 71 | | 41valid license issued pursuant to section 45, who agrees to provide the appropriate level of |
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72 | 72 | | 42communication and consultation with a licensed dental therapist to ensure patient health and |
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73 | 73 | | 43safety. |
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74 | 74 | | 44 SECTION 8. Said section 43A of said chapter 112, as so appearing, is hereby further |
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75 | 75 | | 45amended by inserting after the definition of "Dental hygienist" the following definition:- |
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76 | 76 | | 46 "Dental therapist", a person who has been licensed by the board to practice dental therapy |
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77 | 77 | | 47under section 51B, and who has the appropriate training and works pursuant to a collaborative |
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78 | 78 | | 48management agreement as provided in section 51B. |
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79 | 79 | | 49 SECTION 9. Said section 43A of said chapter 112, as so appearing, is hereby further |
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80 | 80 | | 50amended by adding the following definition:- 4 of 16 |
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81 | 81 | | 51 "Supervising dentist", a dentist licensed in Massachusetts who is a provider enrolled in |
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82 | 82 | | 52the division of medical assistance, or who works for an entity that is a provider enrolled in |
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83 | 83 | | 53division of medical assistance, who maintains an active patient list and routinely provides care, |
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84 | 84 | | 54and who enters into a collaborative management agreement with a licensed dental therapist. |
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85 | 85 | | 55 SECTION 10. Said chapter 112, as so appearing, is hereby further amended by inserting |
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86 | 86 | | 56after section 51A the following section:- |
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87 | 87 | | 57 Section 51B. (a) Any person of good moral character, who: (i) is a graduate of a master's |
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88 | 88 | | 58level dental therapist education program that includes both dental therapy and dental hygiene |
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89 | 89 | | 59education, or an equivalent combination of both dental therapy education and dental hygiene |
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90 | 90 | | 60education, if all education programs are accredited by the Commission on Dental Accreditation |
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91 | 91 | | 61and provided by a post-secondary institution accredited by the New England Association of |
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92 | 92 | | 62Schools and Colleges, Inc.; (ii) passes a comprehensive, competency-based clinical examination |
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93 | 93 | | 63that is approved by the board and administered by a recognized national or regional dental |
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94 | 94 | | 64testing service that administers testing for dentists and other dental professionals or equivalent |
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95 | 95 | | 65examination administered by another entity approved by the board; and (iii) obtains a policy of |
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96 | 96 | | 66professional liability insurance and shows proof of such insurance as required by rules and |
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97 | 97 | | 67regulations shall, upon payment of a fee to be determined annually by the commissioner of |
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98 | 98 | | 68administration under the provision of section 3B of chapter 7, be licensed as a dental therapist |
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99 | 99 | | 69and be given a certificate to practice in this capacity. A licensed dental therapist shall have |
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100 | 100 | | 70practiced under the direct supervision of a supervising dentist for a minimum of 2 years or 2,500 |
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101 | 101 | | 71hours, whichever is longer, before practicing under general supervision pursuant to a |
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102 | 102 | | 72collaborative management agreement. 5 of 16 |
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103 | 103 | | 73 For the purposes of this section, "general supervision" shall mean supervision of |
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104 | 104 | | 74procedures and services based on a written collaborative management agreement between a |
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105 | 105 | | 75licensed dentist and a licensed dental therapist but not requiring a prior exam or diagnosis by a |
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106 | 106 | | 76supervising dentist or the physical presence of a supervising dentist during the performance of |
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107 | 107 | | 77those procedures and services unless required by the supervising dentist in the collaborative |
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108 | 108 | | 78management agreement. |
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109 | 109 | | 79 (b) Any person licensed as a dental therapist under this section may also be registered as |
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110 | 110 | | 80a dental hygienist and be given a certificate to practice in this capacity. |
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111 | 111 | | 81 (c) An applicant for licensure as a dental therapist educated in the commonwealth must |
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112 | 112 | | 82graduate from a master's level dental therapy education program that is accredited by the |
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113 | 113 | | 83Commission on Dental Accreditation provided by a post-secondary institution accredited by the |
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114 | 114 | | 84New England Association of Schools and Colleges, Inc. All dental therapy educational programs |
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115 | 115 | | 85in the commonwealth must include at least one licensed dentist as an instructor. The board shall |
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116 | 116 | | 86provide guidance for any educational entity or institution that may operate all or some portion of |
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117 | 117 | | 87a master's level program, or may collaborate with other educational entities, including but not |
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118 | 118 | | 88limited to universities, colleges, community colleges, and technical colleges, to operate all or |
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119 | 119 | | 89some portion of a master's level program. The board may also provide guidance to develop |
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120 | 120 | | 90mechanisms to award advanced standing to students who have completed coursework at other |
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121 | 121 | | 91educational programs accredited by the Commission on Dental Accreditation. All education |
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122 | 122 | | 92programs must prepare students to perform all procedures and services within the dental therapy |
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123 | 123 | | 93scope of practice as set forth in this section. 6 of 16 |
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124 | 124 | | 94 The educational curriculum for a dental therapist educated in the commonwealth shall |
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125 | 125 | | 95include training on serving patients with special needs including, but not limited to, people with |
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126 | 126 | | 96developmental disabilities including autism spectrum disorders, mental illness, cognitive |
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127 | 127 | | 97impairment, complex medical problems, significant physical limitations and the vulnerable |
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128 | 128 | | 98elderly. |
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129 | 129 | | 99 Not later than January 1, 2020, the board shall approve a comprehensive, competency- |
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130 | 130 | | 100based clinical dental therapy examination that includes assessment of technical competency in |
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131 | 131 | | 101performing the procedures and services within the scope of practice as set forth in this section, to |
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132 | 132 | | 102be administered by a recognized national or regional dental testing service that administers |
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133 | 133 | | 103testing for dentists and other dental professionals. The examination shall be comparable to the |
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134 | 134 | | 104examination given to applicants for a dental license but only for the limited scope of dental |
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135 | 135 | | 105services in the dental therapy scope of practice as set forth in this section. |
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136 | 136 | | 106 (d) The board shall grant a dental therapy license by examination to an applicant, upon |
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137 | 137 | | 107payment of a fee as determined annually by the secretary of administration and finance under |
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138 | 138 | | 108section 3B of chapter 7, provided the applicant is of good moral character and has: (i) met the |
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139 | 139 | | 109eligibility requirements as defined by the board; (ii) submitted documentation to the board of a |
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140 | 140 | | 110passing score on a comprehensive, competency-based clinical examination, or combination of |
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141 | 141 | | 111examinations, that includes both dental therapy and dental hygiene components and is approved |
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142 | 142 | | 112by the board and administered by a recognized national or regional dental testing service that |
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143 | 143 | | 113administers testing for dentists and other dental professionals; and (iii) submitted to the board |
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144 | 144 | | 114documentation of a passing score on the Massachusetts Dental Ethics and Jurisprudence |
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145 | 145 | | 115Examination or any other successor examination. An applicant failing to pass the examination |
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146 | 146 | | 116shall be entitled to re-examination pursuant to the rules and guidelines established by the 7 of 16 |
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147 | 147 | | 117Commission on Dental Competency Assessments, for which the applicant shall pay a fee as |
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148 | 148 | | 118determined annually by the secretary of administration and finance under section 3B of chapter |
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149 | 149 | | 1197. |
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150 | 150 | | 120 The board shall require as a condition of granting or renewing a license under this |
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151 | 151 | | 121section, that the dental therapist apply to participate in the medical assistance program |
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152 | 152 | | 122administered by the secretary of health and human services in accordance with chapter 118E and |
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153 | 153 | | 123Title XIX of the Social Security Act and any federal demonstration or waiver relating to such |
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154 | 154 | | 124medical assistance program for the limited purposes of ordering and referring services covered |
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155 | 155 | | 125under such program, provided that regulations governing such limited participation are |
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156 | 156 | | 126promulgated under said chapter 118E. A dental therapist practicing in a dental therapist role who |
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157 | 157 | | 127chooses to participate in such medical assistance program as a provider of services shall be |
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158 | 158 | | 128deemed to have fulfilled this requirement. |
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159 | 159 | | 129 The board shall grant a license by credentials, without further professional examination, |
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160 | 160 | | 130to a dental therapist licensed in another jurisdiction, upon payment of a fee as determined |
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161 | 161 | | 131annually by the secretary of administration and finance under section 3B of chapter 7, provided |
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162 | 162 | | 132the applicant is of good moral character and has: (i) met the eligibility requirements as defined |
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163 | 163 | | 133by the board; (ii) furnished the board with satisfactory proof of graduation from an education |
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164 | 164 | | 134program, or combination of education programs, providing both dental therapy and dental |
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165 | 165 | | 135hygiene education that meets the standards of the Commission on Dental Accreditation, |
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166 | 166 | | 136provided, however, that an applicant who graduated from a dental therapy education program |
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167 | 167 | | 137established before the Commission on Dental Accreditation established a dental therapy |
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168 | 168 | | 138accreditation program is eligible notwithstanding the lack of accreditation of the program at the |
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169 | 169 | | 139time the education was received; (iii) submitted documentation of a passing score on a dental 8 of 16 |
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170 | 170 | | 140therapy examination administered by another state or testing agency that is substantially |
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171 | 171 | | 141equivalent to the board-approved dental therapy examination for dental therapists as defined in |
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172 | 172 | | 142this section; (iv) submitted documentation of a passing score on the Massachusetts Dental Ethics |
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173 | 173 | | 143and Jurisprudence Examination or any other successor examination; and (v) submitted |
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174 | 174 | | 144documentation of completion of 2 years or 2,500 hours, whichever is longer, of practice. If such |
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175 | 175 | | 145practice requirement is not met, a dental therapist shall be required to complete the remaining |
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176 | 176 | | 146hours or years, whichever is longer, under direct supervision in the Commonwealth prior to |
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177 | 177 | | 147practicing under general supervision. |
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178 | 178 | | 148 (e) Pursuant to a collaborative management agreement, a dental therapist licensed by the |
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179 | 179 | | 149board may perform: (i) all acts of a public health dental hygienist as set forth in regulations of the |
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180 | 180 | | 150board and (ii) all acts in the Commission on Dental Accreditation's dental therapy standards. |
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181 | 181 | | 151Dental therapists shall have the authority to perform an oral evaluation and assessment of dental |
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182 | 182 | | 152disease and formulate an individualized treatment plan as authorized by the supervising dentist in |
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183 | 183 | | 153the collaborative management agreement. A dental therapist may dispense and administer the |
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184 | 184 | | 154following medications within the parameters of the collaborative management agreement and |
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185 | 185 | | 155with the authorization of the supervising dentist: non-narcotic analgesics, anti- inflammatories |
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186 | 186 | | 156and antibiotics. The authority to dispense and administer shall extend only to the categories of |
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187 | 187 | | 157drugs identified in this paragraph and may be further limited by the collaborative management |
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188 | 188 | | 158agreement. A dental therapist is prohibited from dispensing or administering narcotic analgesics. |
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189 | 189 | | 159A dental therapist may oversee not more than 2 dental hygienists and 2 dental assistants, but |
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190 | 190 | | 160shall not oversee public health dental hygienists. |
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191 | 191 | | 161 After entering into a collaborative management agreement with a supervising dentist, |
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192 | 192 | | 162dental therapists shall practice under direct supervision for not less than 2,500 clinical hours or 9 of 16 |
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193 | 193 | | 163two years, whichever is longer. After completing 2,500 clinical hours or two years, whichever is |
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194 | 194 | | 164longer, of practice under direct supervision, dental therapists are authorized to perform all |
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195 | 195 | | 165procedures and services listed in the Commission on Dental Accreditation's dental therapy |
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196 | 196 | | 166standards and all procedures and services within the scope of a public health dental hygienist, as |
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197 | 197 | | 167set forth in regulations by the board, under general supervision if authorized by a supervising |
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198 | 198 | | 168dentist pursuant to a written collaborative agreement. In addition, the following procedures, |
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199 | 199 | | 169referred to in this section as advanced procedures, may be performed under direct supervision: (i) |
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200 | 200 | | 170preparation and placement of direct restoration in primary and permanent teeth; (ii) fabrication |
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201 | 201 | | 171and placement of single-tooth temporary crowns; (iii) preparation and placement of preformed |
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202 | 202 | | 172crowns on primary teeth; (iv) indirect and direct pulp capping on permanent teeth; (v) indirect |
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203 | 203 | | 173pulp capping on primary teeth; and (vi) simple extractions of erupted primary teeth, provided |
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204 | 204 | | 174however that the advanced procedures may be performed under general supervision if authorized |
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205 | 205 | | 175by the board pursuant to subsection (f) of this section. |
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206 | 206 | | 176 Pursuant to a collaborative management agreement, a dental therapist may provide |
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207 | 207 | | 177procedures and services permitted under general supervision when the supervising dentist is not |
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208 | 208 | | 178on-site and has not previously examined or diagnosed the patient provided the supervising |
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209 | 209 | | 179dentist is available for consultation and supervision if needed through telemedicine or by other |
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210 | 210 | | 180means of communication. If the supervising dentist will not be available, arrangements shall be |
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211 | 211 | | 181made for another licensed dentist to be available to provide timely consultation and supervision. |
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212 | 212 | | 182 A dental therapist may not operate independently of, and may not practice or treat any |
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213 | 213 | | 183patients without, a supervising dentist. A dental therapist is prohibited from practicing without |
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214 | 214 | | 184entering into a collaborative management agreement with a supervising dentist. 10 of 16 |
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215 | 215 | | 185 (f) By January 1, 2020, the department of public health, in consultation with the board |
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216 | 216 | | 186and any other entity they deem appropriate, shall begin an evaluation assessing the impact of |
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217 | 217 | | 187dental therapists practicing under general supervision in Massachusetts and the rest of the United |
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218 | 218 | | 188States, specifically on: (i) dental therapists' progress in expanding access to safe and effective |
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219 | 219 | | 189dental services for vulnerable populations including, at a minimum, Medicaid beneficiaries and |
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220 | 220 | | 190individuals who are underserved as defined in this section; (ii) an appropriate geographic |
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221 | 221 | | 191distance limitation between the dental therapist and supervising dentist that permits the dental |
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222 | 222 | | 192therapist to expand access to vulnerable populations including, at a minimum, Medicaid |
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223 | 223 | | 193beneficiaries and individuals who are underserved as defined in this section; and (iii) the number |
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224 | 224 | | 194of dental hygienists and dental assistants a dental therapist may oversee. |
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225 | 225 | | 195 Not before January 1, 2021 and no later than December 1, 2022, the department of public |
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226 | 226 | | 196health, in consultation with the board and any other entity they deem appropriate, shall make a |
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227 | 227 | | 197recommendation, based on its assessment of whether dental therapists should be authorized to |
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228 | 228 | | 198perform one or more of the advanced procedures, as defined in subsection (e) under general |
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229 | 229 | | 199supervision pursuant to a collaborative management agreement. The department shall also make |
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230 | 230 | | 200a recommendation on an appropriate geographic distance limitation between the dental therapist |
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231 | 231 | | 201and supervising dentist that permits the dental therapist to expand access to vulnerable |
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232 | 232 | | 202populations including, at a minimum, individuals receiving benefits through the division of |
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233 | 233 | | 203medical assistance and individuals who are underserved as defined in this section. After the |
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234 | 234 | | 204department completes its assessment and submits its recommendations to the board, the board |
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235 | 235 | | 205shall make a determination, with consideration to how authorizing general supervision will |
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236 | 236 | | 206expand access to safe and effective dental services for vulnerable populations including, at a |
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237 | 237 | | 207minimum, individuals receiving benefits through the division of medical assistance and 11 of 16 |
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238 | 238 | | 208individuals who are underserved as defined in this section, whether to authorize performance of |
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239 | 239 | | 209one or more of the procedures as identified in subsection (e), under general supervision pursuant |
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240 | 240 | | 210to a collaborative management agreement. |
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241 | 241 | | 211 Should the board, in consultation with the department and any other appropriate entity, |
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242 | 242 | | 212determine that dental therapists shall have the authority to perform one or more of the procedures |
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243 | 243 | | 213and services as identified in subsection (e) in their scope of practice under general supervision, |
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244 | 244 | | 214then the board shall establish regulations no later than six months following the recommendation, |
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245 | 245 | | 215authorizing dental therapists to perform one or more procedures as identified in subsection (e) |
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246 | 246 | | 216under general supervision pursuant to a collaborative management agreement after receiving |
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247 | 247 | | 217advanced practice certification. |
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248 | 248 | | 218 The board shall grant advanced practice certification for a dental therapist licensed by the |
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249 | 249 | | 219board to perform all services under general supervision pursuant to a collaborative management |
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250 | 250 | | 220agreement if the dental therapist provides documentation of completion of at least two years or |
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251 | 251 | | 2212,500 hours, whichever is longer, of direct supervision pursuant to subsection (a) of this section, |
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252 | 252 | | 222and satisfying any other criteria established by regulation adopted by the board as authorized in |
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253 | 253 | | 223this section. |
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254 | 254 | | 224 Should the board determine that dental therapists shall continue to perform one or more |
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255 | 255 | | 225of the advanced procedures under direct supervision, the department, in consultation with the |
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256 | 256 | | 226board, shall re-evaluate annually the impact of dental therapists practicing under general |
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257 | 257 | | 227supervision in Massachusetts and the rest of the United States, and the board shall annually |
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258 | 258 | | 228reassess whether to authorize general supervision for the advanced procedures in order to |
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259 | 259 | | 229improve dental therapists' progress in expanding access to safe and effective dental services for 12 of 16 |
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260 | 260 | | 230vulnerable populations including, at a minimum, individuals receiving benefits through the |
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261 | 261 | | 231division of medical assistance and individuals who are underserved as defined in this section. |
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262 | 262 | | 232 (g) The board shall establish appropriate guidelines for a written collaborative |
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263 | 263 | | 233management agreement. A collaborative management agreement shall be signed and maintained |
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264 | 264 | | 234by the supervising dentist and the dental therapist and shall be submitted annually to the board. |
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265 | 265 | | 235 The agreement may be updated as necessary. The agreement shall serve as standing |
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266 | 266 | | 236orders from the supervising dentist and shall address: (i) practice settings; (ii) any limitation on |
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267 | 267 | | 237services established by the supervising dentist; (iii) the level of supervision required for various |
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268 | 268 | | 238services or treatment settings; (iv) patient populations that may be served; (v) practice protocols; |
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269 | 269 | | 239(vi) record keeping; (vii) managing medical emergencies; (viii) quality assurance; (ix) |
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270 | 270 | | 240administering and dispensing medications; (x) geographic distance limitations; (xi) oversight of |
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271 | 271 | | 241dental hygienists and dental assistants; and (xii) referrals for services outside of the dental |
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272 | 272 | | 242therapy scope of practice. The collaborative management agreement shall include specific |
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273 | 273 | | 243protocols to govern situations in which the dental therapist encounters a patient who requires |
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274 | 274 | | 244treatment that exceeds the authorized scope of practice of the dental therapist. The supervising |
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275 | 275 | | 245dentist is responsible for directly providing, or arranging for another dentist or specialist within |
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276 | 276 | | 246an accessible geographic distance to provide, any necessary additional services outside of the |
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277 | 277 | | 247dental therapy scope of practice needed by the patient. A supervising dentist may have a |
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278 | 278 | | 248collaborative management agreement with not more than 3 dental therapists at the same time. |
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279 | 279 | | 249Not more than 2 of the dental therapists may practice under general supervision with certification |
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280 | 280 | | 250to perform one or more of the advanced procedures. A practice or organization with more than |
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281 | 281 | | 251one practice location listed under the same business name may not employ more than six dental |
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282 | 282 | | 252therapists, provided, however, that this requirement shall not apply if such an organization or 13 of 16 |
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283 | 283 | | 253practice is a federally qualified health center or look-alike, a community health center, a non- |
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284 | 284 | | 254profit practice or organization, public health setting as defined by 234 CMR 2.02, or as otherwise |
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285 | 285 | | 255permitted by the board. |
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286 | 286 | | 256 (h) No medical malpractice insurer shall refuse primary medical malpractice insurance |
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287 | 287 | | 257coverage to a licensed dentist on the basis of whether they entered into a collaborative |
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288 | 288 | | 258management agreement with a dental therapist or public health dental hygienist. A dental |
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289 | 289 | | 259therapist may not bill separately for services rendered; the services of the dental therapist are the |
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290 | 290 | | 260services of the supervising dentist and shall be billed as such. |
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291 | 291 | | 261 (i) Not less than 50% of the patient panel of a dental therapist, as determined in each |
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292 | 292 | | 262calendar year, shall consist of patients who receive coverage through the division of medical |
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293 | 293 | | 263assistanceor are considered underserved provided, however, that this requirement shall not apply |
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294 | 294 | | 264if the dental therapist is operating in a federally qualified health center or look-alike, community- |
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295 | 295 | | 265health center, non-profit practice or organization, or other public health setting as defined by 234 |
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296 | 296 | | 266CMR 2.02, or as otherwise permitted by the board. As used in this section, "underserved" means |
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297 | 297 | | 267individuals who: (i) receive, or are eligible to receive, benefits through the division of medical |
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298 | 298 | | 268assistance; (ii) receive, or are eligible to receive, social security disability benefits, supplemental |
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299 | 299 | | 269security income, and/or Massachusetts state supplement program; (iii) live in a dental health |
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300 | 300 | | 270professional shortage area as designated by the federal department of health and human services; |
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301 | 301 | | 271(iv) reside in a long-term care facility licensed under section 71 of chapter 111; (v) receive dental |
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302 | 302 | | 272services at a public health setting as defined by 234 CMR 2.02; (vi) receive benefits, or are |
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303 | 303 | | 273eligible to receive subsidized insurance through the commonwealth health insurance connector |
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304 | 304 | | 274authority;; (viii) receive benefits, or are eligible to receive benefits, through the Indian Health |
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305 | 305 | | 275Service, tribal or urban Indian organizations, or through the contract health service program; (ix) 14 of 16 |
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306 | 306 | | 276receive benefits, or are eligible to receive benefits, through the federal department of veterans |
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307 | 307 | | 277affairs or other organization serving veterans; (x) are elderly and have trouble accessing dental |
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308 | 308 | | 278care due to mobility or transportation challenges; (xi) meet the Commission on Dental |
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309 | 309 | | 279Accreditation's definition of people with special needs; (xii) are uninsured have an annual |
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310 | 310 | | 280income at or below 305% of the federal poverty level; or (xiii) as otherwise permitted by the |
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311 | 311 | | 281board. |
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312 | 312 | | 282 An employer of a dental therapist shall submit quarterly reports to the board that provide |
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313 | 313 | | 283information concerning the makeup of the dental therapist's patient panel, including the |
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314 | 314 | | 284percentage of underserved in the patient panel. No later than January 1, 2020, the secretary of |
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315 | 315 | | 285health and human services may establish by regulation penalties for employers who fail to meet |
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316 | 316 | | 286the requirements pertaining to the percentage of underserved in the dental therapist's patient |
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317 | 317 | | 287panel. |
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318 | 318 | | 288 (j) Not later than January 1, 2020, the board, in consultation with the department shall |
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319 | 319 | | 289establish regulations to implement the provisions of this section for the practice of dental therapy |
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320 | 320 | | 290to protect the public health, safety and welfare, including, but not limited to: requirements for |
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321 | 321 | | 291approval of educational programs; guidelines for collaborative management agreements, |
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322 | 322 | | 292continuing education requirements, license renewal, standards of conduct, and the investigation |
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323 | 323 | | 293of complaints, conduct of disciplinary proceedings and grounds for discipline. |
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324 | 324 | | 294 SECTION 11. Section 259 of chapter 112 of the General Laws, as so appearing, is hereby |
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325 | 325 | | 295amended by inserting after the word "skills", in line 51, the following: |
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326 | 326 | | 296 (j) Oral health education; 15 of 16 |
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327 | 327 | | 297 SECTION 12. Section 260 of chapter 112 of the General Laws, as so appear, is hereby |
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328 | 328 | | 298amended by inserting after the number 7, in line 21, the following:- As a condition for licensure |
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329 | 329 | | 299or renewal of licensure, the board shall require community health workers to receive education |
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330 | 330 | | 300or training in oral health. |
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331 | 331 | | 301 SECTION 13. Section 79L of chapter 233, as so appearing, is hereby amended by |
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332 | 332 | | 302inserting after the word "dentist," the following words:- dental therapist. |
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333 | 333 | | 303 SECTION 14. The department of public health, in consultation with the executive office |
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334 | 334 | | 304of health and human services, shall perform a 5-year evaluation of the impact of dental |
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335 | 335 | | 305therapists, as established under section 51B of chapter 112 of the General Laws, on patient |
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336 | 336 | | 306safety, cost-effectiveness and access to dental services. The department may enter into an inter- |
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337 | 337 | | 307agency agreement with the health policy commission, established under chapter 6D of the |
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338 | 338 | | 308General Laws, to provide assistance to the department in conducting such evaluation, as it deems |
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339 | 339 | | 309necessary. The department shall ensure effective measurements of the following outcomes and |
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340 | 340 | | 310file a report of its findings, which shall include the: |
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341 | 341 | | 311 (i) Number of dental therapists in the commonwealth each year; |
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342 | 342 | | 312 (ii) Number of licensed dental therapists in the commonwealth each year; |
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343 | 343 | | 313 (iii) Number of new and total patients served each year; |
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344 | 344 | | 314 (iv) Impact on wait times for needed services; |
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345 | 345 | | 315 (v) Impact on travel time for patients; |
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346 | 346 | | 316 (vi) Impact on emergency room usage for dental care; and 16 of 16 |
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347 | 347 | | 317 (vii) Costs to the public health care system. |
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348 | 348 | | 318 The report shall be submitted not later than five years after the date of graduation of the |
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349 | 349 | | 319first graduating class of dental therapists educated in the commonwealth to the joint committee |
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350 | 350 | | 320on public heath, the joint committee on health care financing and the senate and house |
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351 | 351 | | 321committees on ways and means. |
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352 | 352 | | 322 The center for health information and analysis shall, by the first day of January of each |
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353 | 353 | | 323year, submit a report including information on: |
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354 | 354 | | 324 (i) Number of dental therapists in the commonwealth; |
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355 | 355 | | 325 (ii) Number of licensed dental therapists practicing in the commonwealth; |
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356 | 356 | | 326 (iii) Number of new and total patients served; |
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357 | 357 | | 327 (iv) Number of new and total pediatric patients served, including geographic location and |
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358 | 358 | | 328insurance type; |
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359 | 359 | | 329 (v) Practice settings; and |
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360 | 360 | | 330 (vi) Commonly performed procedures and services |
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361 | 361 | | 331 The first annual report shall be submitted not later than three years after the date of |
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362 | 362 | | 332graduation of the first graduating class of dental therapists educated in the commonwealth to the |
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363 | 363 | | 333joint committee on public heath, the joint committee on health care financing and the senate and |
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364 | 364 | | 334house committees on ways and means. |
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