ENGR. H. B. NO. 4041 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE BILL NO. 4041 By: Townley of the House and Kidd of the Senate An Act relating to professions and occupations; amending 59 O.S. 2021, Section 328.54 , which relates to dental practice; modifying tele dentistry requirements; amending 63 O.S. 2021, Section s 1-2711 and 1-2712, which relate to the Oklahoma Dental Loan Repayment Act; adding legislative findings; increasing certain repayment program allowances; modifying program requirements; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 59 O.S. 2021, Section 328.54, is amended to read as follows: Section 328.54 A. Any person conducting a diagnosis for the purpose of prescribing medication or treatment or any other action determined to be a dental practice as defined by the State Dental Act, via the Internet or other telecommunications device on any patient that is physically located in this state shall hold a valid Oklahoma state dental license. B. A dentist holding a valid dental license in Oklahoma may consult, diagnose and treat a patient of record via synchronous or asynchronous telecommunication between the patient and dentist. The ENGR. H. B. NO. 4041 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 dentist must record a ll activities relatin g to teledentistry in the patient record and must have an off ice location in Oklahoma available for follow-up treatment and maintenance of records in Oklahoma or adjacent to Oklahoma and within fifty (50) miles of an Oklahoma border of a state with an inte rstate dental and dental hygienist compact. SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-2711, is amended to read as f ollows: Section 1-2711. A. The Legislature recognizes that there is a need to: 1. Upgrade the availability o f quality dental care services for the people of Oklahoma; 2. Improve the balance of dental manpower distributio n in the state by geographic loc ation; and 3. Increase access to dental care to those who are dependent on the state for necessary dental care ; 4. Allow providers to work at the top of their license and utilize supporting roles; and 5. Address the need for dental faculty. B. The purpose of the Oklahoma Dental Loan Repayment Act shall be to: 1. Increase the number of dent ists serving and caring for those dependent upon the state for dental care; and ENGR. H. B. NO. 4041 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Ensure that dental care and services are accessibl e throughout the state, and spec ifically, that quality dental care and services be accessible to underserved dental areas in rural and metropolitan areas of the state, and to those dependent upon the state for dental care. SECTION 3. AMENDATORY 63 O.S. 2021, Sec tion 1-2712, is amended to read as follows: Section 1-2712. A. 1. The State Department of Health shall administer the Oklahoma Dental Loan Repayment Program. 2. The Program, depending upon available funding, shall provid e educational loan repayment ass istance for up to a total of twenty- five thirty full-time equivalent Oklahoma licensed dentists per year including new and continuing contract renewable participants. 3. Each award shall be for a co ntracted period and shall be distributed to the participa nt by drafts made payable to the participant for deposit to an appropriate loan agency in equal monthly disbursements, not to exceed Fifty Thousand Dollars ($50,000.00) Sixty Thousand Dollars ($60,000.00) per year for a maximum five-year period. Prior to any disbursement, the Department shall certify and properly review monthly report s submitted by the participating dentist detailing performance of activities in accordance with the Oklahoma Dental Loan Repayment Act. 4. At the conclusion of the minimum service obligation, the Department shall review the performance in the Program of t he ENGR. H. B. NO. 4041 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 participating dentist and determine whether an award may be granted for an additional period not to exceed a total participation in the Program of five (5) years pursuant to rules promulgated by the Department. B. Any dentist entering the Program each year as a nonfaculty participant shall agree to provide dental care and services to Medicaid recipients as authorized by the Oklahoma Health Ca re Authority. The Department shall be responsible for ensuring that at least thirty percent (30%) of the patient s treated by the dentist will be Medicaid recipients. 1. Any general practice denti st entering the Program each year as a nonfaculty participa nt shall agree to provide dental care and services in a designated Dental Health Professional Shortage Area (DHPSA) of this state. 2. Any dentist licensed to practice as a Pediatric Dentistry Specialist as defined by the State Dental Act or any dentist practicing in a Federally Qualified Health Center (FQHC), FQHC look - alike, county health department or city-county health department may be exempt from the requirement to practice in a Dental Health Professional Shortage Area (DHPSA). C. A dentist entering the Program as a faculty participant shall agree to teach at the University of Oklahoma College of Dentistry. In the event there are no appropriate faculty applicants, the Program may award addit ional nonfaculty dentists. ENGR. H. B. NO. 4041 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. A dentist shall be eligible t o participate in the Program if the dentist: 1. Is a new dental school graduate. Preference will be given to graduates of the University of Oklahoma College of Dentistry; 2. Is licensed to prac tice dentistry in Oklahoma; and 3. Has demonstrated financi al need. E. The dentist shall execute a contract with the Department to provide dental services pursuant to the terms of the contract and in accordance with rules promulgated by the Department. F. If the dentist does not fulfill the service obligation, t he Department may collect from the participant the entire amount of loan payments made under the Program plus int erest. G. The Department shall present a report on the operation of the Program to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate within one (1) month of the beginning of each regular session of the Legislature including but not limited to the progress made in accomplishing the go al of the Program. SECTION 4. This act shall become effective November 1, 2024. ENGR. H. B. NO. 4041 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Passed the House of Representatives the 5th day of March, 2024. Presiding Officer of the House of Representatives Passed the Senate the ___ day of __________, 2024. Presiding Officer of the Senate