BILL ANALYSIS Ó ----------------------------------------------------------------------- |`Hearing Date:June 16, 2014 |Bill No:AB | | |1174 | ----------------------------------------------------------------------- SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Ted W. Lieu, Chair Bill No: AB 1174Author:Bocanegra As Amended:May 21, 2014 Fiscal: Yes SUBJECT: Dental professionals. SUMMARY: Extends the duties of a registered dental hygienist (RDH), registered dental hygienist in alternative practice (RDHAP) and registered dental assistant in extended functions (RDAEF) to include performing radiographs, determining which radiographs to perform and placing protective restorations. Also requires a dentist to be responsible to provide to the patient, or the patient's representative, a written notice including specified contact information and disclosing that the care was provided at the direction of that dentist. Prohibits a dentist from concurrently supervising more than five dental auxiliaries. Provides that face-to-face contact between a health care provider and patient is not required under the Medi-Cal program for teledentistry. Existing law: 1) Establishes the Dental Practice Act, administered by the Dental Board of California (Board), to regulate the practice of dentistry. (BPC § 1600 et seq.) 2) Establishes the Dental Hygiene Committee of California (DHCC) to regulate the practice of registered dental hygienists (RDHs), registered dental hygienists in extended functions and registered dental hygienists in alternative practice (RDHAPs). (BPC § 1900; 1901) 3) Specifies that the DHCC shall make recommendations to the Board regarding dental hygiene scope of practice issues. (BPC § 1905(a)(8)) AB 1174 Page 2 4) Further specifies that recommendations by the DHCC regarding scope of practice issues shall be approved, modified or rejected by the Board within 90 days of submission to the Board. (BPC § 1905.2) 5) Defines "direct supervision" as supervision of dental procedures based on instructions given by a licensed dentist who must be physically present in the treatment facility during the performance of these procedures. (BPC § 1902(c)) 6) Defines "general supervision" as supervision of dental procures based on instructions given by a licensed dentist but not requiring the physical presence of the supervising dentist during the performance of these procedures. (BPC § 1902(d)) 7) Specifies the practice included in and excluded from dental hygiene as follows: (BPC § 1908) a) The practice of dental hygiene includes : i) Dental hygiene assessment and development, planning and implementation of a dental hygiene care plan, oral health education, counseling and health screening. b) The practice of dental hygiene does not include : i) Diagnosis and comprehensive treatment planning; ii) Placing, condensing, carving or removal of permanent restorations; iii) Surgery of cutting on hard and soft tissue including, but not limited to, the removal of teeth and the cutting and suturing of soft tissue; iv) Prescribing medication; and v) Administering local or general anesthesia or oral or parenteral conscious sedation, except for the administration of nitrous oxide and oxygen. 8) Specifies the procedures a dental hygienist is authorized to perform under direct supervision of a dentist after submitting evidence of specified education requirements including: (BPC §1909) a) Soft-tissue curettage; b) Administration of local anesthesia; and c) Administration of nitrous oxide and oxygen. AB 1174 Page 3 9) Specifies the dental hygienist services that can be provided without direct supervision : (BPC § 1911) a) Educational services, oral health training programs, oral health screenings; and b) Dental hygiene preventive services in addition to oral screenings including, but not limited to, the application of fluorides and pit and fissure sealants. 10)Specifies the procedures dental hygienists are authorized to perform under general supervision : (BPC § 1910) a) Preventative and therapeutic interventions, including oral prophylaxis, scaling and root planning; b) Application of topical, therapeutic and subgingival agents used for the control of caries and periodontal disease; c) Taking impressions for bleaching trays and application and activation of agents with non-laser light-curing devices; and d) Taking impressions for bleaching trays and placements of in-office tooth whitening devices. 11)Specifies that any procedure performed or service provided by a RDH, that does not specifically require direct supervision, shall require general supervision so long as it does not give rise to a situation in the dentist's office requiring immediate services for alleviation of severe pain, or immediate diagnosis and treatment of unforeseeable dental conditions that, if not immediately diagnosed and treated, would lead to serious disability or death. (BPC § 1912) This bill: 1) Removes the dental auxiliary's ability to "expose" and instead permits a dental auxiliary to "determine and perform" emergency radiographs upon direction of the dentist. 2) Expands the auxiliary's authority to determine and perform radiographs for the specific purpose of aiding a dentist in completing a comprehensive diagnosis and treatment plan for a AB 1174 Page 4 patient. 3) Specifies that if dental treatment is provided to a patient by a dental auxiliary, pursuant to the diagnosis and treatment plan authorized by a supervising dentist, the supervising dentist shall ensure that the patient, or the patient's representative, is notified in writing of the supervising dentist's name, practice location address, telephone number and email address, and that the care was provided at the direction of the dentist. 4) Specifies that a dentist shall not concurrently supervise more the five dental auxiliaries providing services. 5) Specifies that a RDAEF, RDH or RDHAP, licensed on or after January 1, 2010, or having completed the educational requirements to perform specified duties, is authorized to perform both of the following additional duties pursuant to the order, control and full professional responsibility of a supervising dentist: a) Determine which radiographs to perform on a patient, who has not received an initial examination by the supervising dentist, for the specific purpose of the dentist making a diagnosis and treatment plan for the patient. b) Place protective restorations, which for this purpose are identified as interim therapeutic restorations, and defined as a direct provisional restoration placed to stabilize the tooth until a licensed dentist diagnoses the need for further definitive treatment. 6) Defines "interim therapeutic restoration" (ITR) as "the removal of soft material from the tooth using only hand instrumentation, without the use of rotary instrumentation, and subsequent placement of an adhesive restorative material." 7) Specifies that local anesthesia shall not be necessary for ITR placement. 8) Specifies the clinical settings in which ITRs can be placed. 9) Authorizes the Board to promulgate regulations establishing requirements for courses of instruction for the procedures authorized to be performed by a RDAEF, RDHAP or RDH no later than January 1, 2018. 10)Specifies that prior to January 1, 2018, the Board shall use the AB 1174 Page 5 competency-based training protocols established by Health Workforce Pilot Project No. 172. 11)Removes the specifications for RDAEFs, RDHs and RDHAPs to "choose" radiographs after a dentist has examined the patient and instead authorizes RDHEFs to "determine which radiographs to perform" on a patient who has not received an initial examination by the supervising dentist for the specific purpose of the dentist making a diagnosis and treatment plan for the patient under protocols established by the supervising dentist applicable in specified settings. 12)Provides that the specified functions may be performed by the RDAEF only after completion of a program that includes training in performing those functions, or after providing evidence, satisfactory to the Board, of having completed a Board-approved course in those functions. 13)Directs the DHCC to review proposed regulations and any subsequent proposed amendments to the promulgated regulations and submit any changes to the Board for review to establish a consensus. 14)States that the office shall extend the duration of the HWPP No. 172 until January 1, 2016, in order to maintain the competence of the clinicians trained during the course of the project, and to authorize training of additional clinicians in the duties specified in HWPP No. 172. FISCAL EFFECT: This measure has been keyed "fiscal" by Legislative Counsel. According to the Assembly Committee on Appropriations Committee analysis dated January 23, 2014, the fiscal effect of this bill is as follows: 1) "Annual fee-supported special fund costs to the Dental Hygiene Committee of California (DHCC) and the Dental Board of California (DBC) to approve training courses and to oversee the expanded scope of dental personnel would be incurred as follows: a. $150,000 to the DBC, which regulates RDAs (State Dental Assistant Fund). b. $80,000 to the DHCC (State Dental Hygiene Fund). 2) Minor one-time Information Technology (IT) costs to incorporate changes to the licensing system (State Dental Assistant Fund/State AB 1174 Page 6 Dental Hygiene Fund). 3) Denti-Cal, the dental program within Medi-Cal, may incur additional costs, potentially in the hundreds of thousands of dollars, as a result of increased utilization of dental services. Increased costs are more likely if personnel performing the expanded functions, and/or using teledentistry, reach populations that may otherwise forgo dental care. Given utilization rates of Denti-Cal services are extremely low, there appears to be ample opportunity to increase utilization, leading to commensurate cost increases. 4) Any additional costs would likely be relatively small at first and could grow with time, as the expanded functions and reimbursement for teledentistry became the norm. A credible fiscal estimate for initial years developed by the principal investigators of Health Workforce Pilot Project (HWPP) #172, based upon the number of participants in the project, pegged increased Denti-Cal costs at about $300,000 annually, likely growing slowly over time (GF/federal funds, majority federal funds). This estimate may overstate costs directly resulting from this bill, as existing law authorizes DHCS to reimburse for teledentistry services. 5) In practice, however, it appears as though [there is] ambiguity as to whether providers are allowed to bill Medi-Cal for teledentistry services has limited provider interest in developing these systems and billing Medi-Cal. 6) If this bill leads to greater utilization of relatively low-cost preventive interventions such as ITRs, the state may eventually experience some level of future cost savings by avoiding more costly dental diseases and emergencies. However, an estimate of the magnitude and likelihood of any such savings are beyond the scope of this analysis." COMMENTS: 1. Purpose. This bill is sponsored by the Author. According to the Author, "This bill expands the scope of practice for registered dental assistants in extended functions (RDAEFs), [registered dental assistants in alternative practice (RDHAPs)], and registered dental hygienists (RDHs) to further the practice of teledentistry in accordance with the finding of a Health Workforce Pilot Program (HWPP), and enables reimbursement by Medi-Cal for AB 1174 Page 7 Virtual Dental Home (VDH) treatment. Specifically, the bill allows RDAEFs, [RDHAPs], and RDHs, working out in the field under the VDH model, to take x-rays without the consent of a dentist and place an interim restorative therapy on a dentist's order?Changes are needed to existing law to expand the scope of practice for these individuals for specified procedures when performed under the VDH model. HWPP 172 has shown that these individuals are capable of performing the procedures as outlined in this bill." 2. Background. a) Oral Health Statistics . According to an article published in the Journal of the California Dental Association (JCDA, 2012), "The Virtual Dental Home: Bringing Oral Health to Vulnerable and Underserved Populations," the traditional office and clinic-based oral health delivery system is failing to reach a large and increasing segment of the population. The JCDA article indicates that, in California, oral health disparities are more severe than the national average, particularly among low-income and disabled populations. Only 25% of Medi-Cal beneficiaries reported a dental visit in 2007, and among pregnant women with Medi-Cal coverage, only one in seven received dental services. Almost one-quarter of children in California have never seen a dentist, and approximately 40% of California's black, Latino, and Asian preschoolers and approximately 65% of elementary school children in these groups need dental care. In 2011, only 22% of the total number of people eligible for Medi-Cal dental services received any service, a decrease of 8% from 2009. A decrease was expected for adults since most adult dental benefits were eliminated in 2009. However, there was also a decrease for children. In 2011, only 27% of eligible children received any dental service compared to 34% in 2009. In California, approximately 6.3 million children, or two-thirds of all children in the state, suffer needlessly from poor oral health by the time they reach the third grade. Approximately 7% of California children missed school due to a dental problem in 2007, excluding time for cleaning or routine check-up. In 2007, there were more than 83,000 visits to California hospital emergency departments for preventable dental conditions. b) Virtual Dental Homes . Virtual Dental Homes (VDHs) create a community-based oral health delivery system in which people receive preventive and basic therapeutic services in community settings where they live or receive educational, social or general health services. The VDH utilizes technology to link practitioners in the community with dentists at remote office AB 1174 Page 8 sites. Equipped with portable imaging equipment and an Internet-based dental record system, an RDA, RDAEF or RDH collects electronic dental records such as X-rays, photographs, charts of dental findings, dental and medical histories and uploads the information to a secure website where they are reviewed by a collaborating dentist. The dentist reviews the patient's information and creates a tentative dental treatment plan. The RDA, RDAEF, or RDH then carries out the aspects of the treatment plan that can be conducted in the community setting. These services include: i) Health promotion and prevention education; ii) Dental disease risk assessment; iii) Preventive procedures such as application of fluoride varnish, dental sealants and, for dental hygienists, dental prophylaxis and periodontal scaling; iv) Placing carious teeth in a holding pattern using ITRs to stabilize patients until they can be seen by a dentist for definitive care; and, v) Tracking and supporting the individual's need for and compliance with recommendations for additional and follow-up dental services; The RDA, RDAEF or RDH refers patients to dental offices for procedures that require the skills of a dentist. When such visits occur, the patient arrives with a diagnosis and treatment plan already determined, preventive practices in place and preventive procedures having been performed. Presumably, the patient is more likely to receive a successful first visit with the dentist as the patient's dental records and images have already been reviewed. All of this adds up to a more successful dentist visit. In some cases, the dentist may come to the community site and use portable equipment to provide restorations or other services that only a dentist can provide. In either case, the majority of patient interactions and efforts to keep people healthy are performed by the RDA, RDAEF, or RDH in the community setting, thus creating a true community-based dental home. AB 1174 Page 9 c) Institute of Medicine (IOM) Report on Oral Health (2011 ). In 2011, the IOM published a report titled, Improving Access to Oral Health Care for Vulnerable and Underserved Populations. The Health Resources and Services Administration and the California HealthCare Foundation (CHCF) asked the IOM and the National Research Council to assess the current oral health care system, to develop a vision for how to improve oral health care for these populations and to recommend ways to achieve this vision. According to the IOM report, access to oral health care across the life cycle is critical to overall health, and it will take flexibility and ingenuity among multiple stakeholders, including government leaders, oral health professionals and others, to make this access available. The IOM report indicates that to improve provider participation in public programs, states should increase Medicaid and Children's Health Insurance Program reimbursement rates. In addition, with proper training, non-dental health care professionals can acquire the skills to perform oral disease screenings and provide other preventive services. The IOM report calls on dental schools to expand opportunities for dental students to care for patients with complex oral health care needs in community-based settings in order to improve the students' comfort levels in caring for vulnerable and underserved populations. Finally, the IOM report reports that states should examine and amend state practice laws to allow healthcare professionals to practice to their highest level of competence. d) HWPP No. 172 . The HWPP at the Office of Statewide Health Planning and Development (OSHPD) permits temporary legal waivers of certain practice restrictions or educational requirements to test expanded roles and accelerated training programs for health care professionals. In December 2010, OSHPD approved HWPP No. 172 which allowed RDAs and RDHs to perform an expanded scope of practice. The project has been extended twice, with the second extension running from December 1, 2012 to December 1, 2013. Funding for HWPP No. 172 comes from various sources including California Health Care Foundation (CHCF), American Dental Hygiene Association, American Dental Association, Paradise Foundation and Verizon Foundation. Evaluation of the project is also funded by CHCF. The long-term objective of the project is to facilitate the development of new models of care designed to improve the oral health status of underserved populations. HWPP No. 172 is a project at the University of Pacific School of Dentistry which creates a virtual dental home and is testing a concept where patients interact with RDAs and RDHs after a telehealth consultation with a collaborating dentist who makes AB 1174 Page 10 diagnostic and treatment decisions and determines the best location for treatment. There are nine sites currently operating this model of care in California. Preventive and early intervention care is being provided in the community (two elementary schools in Sacramento and San Diego counties, a consortium of Head Start centers in San Francisco and San Diego, residential facilities associated with three regional centers for persons with developmental disabilities, four long-term care facilities, and one community clinic). Patients with advanced disease requiring the service of a dentist are being referred to dental offices and clinics. A policy brief describing the model and the results of the current project indicates that under HWPP No. 172, allied dental personnel completed the following types of procedures: collect patient information (including medical and dental history, consent forms, and caries risk assessment); chart pre-existing conditions; take digital radiographs; take digital intra and extra-oral photographs; prophylaxis; fluoride varnish; sealants; ITRs; patient, parent, and staff oral health education; nutritional counseling; oral hygiene instructions; case management; referrals; and, communication with collaborating dentists. As of March 31, 2013, a total of 1,494 patients have been seen: Head Start centers (797); elementary schools (212); long-term care facilities (176); multifunction community centers (197); and, regional centers (112). The policy brief also indicates that 110 ITRs were placed during the training phase of the program in addition to the 295 placed in the utilization phase for a total of 405. e) ITR . According to the American Academy of Pediatric Dentistry, an ITR may be used to restore and prevent further decalcification and caries in young patients, uncooperative patients, patients with special health care needs or when traditional cavity preparation and/or placement of traditional dental restorations are not feasible and need to be postponed. Additionally, an ITR may be used for step-wise excavation in children with multiple open carious lesions prior to definitive restoration of the teeth. The use of an ITR has been shown to reduce the levels of cariogenic oral bacteria (e.g., mutans streptococci, lactobacilli) in the oral cavity. The ITR procedure involves removal of caries using hand or slow speed rotary instruments with caution not to expose the pulp. Leakage of the restoration can be minimized with maximum caries removal from the periphery of the lesion. Following preparation, the tooth is restored with an adhesive restorative material such as AB 1174 Page 11 self-setting or resin-modified glass ionomer cement. ITR has the greatest success when applied to single surface or small two surface restorations. Inadequate cavity preparation with subsequent lack of retention and insufficient bulk can lead to failure. Follow-up care with topical fluorides and oral hygiene instruction may improve the treatment outcome in high caries-risk dental populations. f) Medi-Cal . The VDH treatment model is currently not reimbursable by Medi-Cal because existing law requires face-to-face contact between a health care provider and a patient. This bill would delete that provision and allow practitioners to receive payment for these services. This bill also provides patient protections by ensuring contact with the remote dentist upon request. 1. Arguments in Support. The Los Angeles Area Chamber of Commerce , Delta Dental , Mendocino Community Health Clinic, Inc ., California Primary Care Association , First 5 Yolo Children and Families Commission, Liberty Dental Plan of California , The Children's Partnership , Worksite Wellness L.A. , Peninsula Family Service , The Pew Charitable Trusts Children's Dental Campaign and the California Coverage & Health Initiatives support the bill and write, "AB 1174 would increase access to dental care for underserved children and adults who currently go without needed care by enacting policies that would sustain the Virtual Dental Home. The VDH is a proven and cost-effective system for providing dental care to California's most vulnerable children and adults?The VDH is currently being implemented on a pilot basis and is grant-funded. Therefore, it is not replicable or sustainable as is. AB 1174 would ensure the VDH could become a sustainable model and be implemented in sites throughout California." The California Society of Pediatric Dentistry supports the bill and writes, "There is little question that segments of California's population, for reasons of geography, economics, mobility and disability face significant barriers accessing essential oral health services in traditional delivery settings. CSPD views the expanded functions authorized in AB 1174, and the ability to perform these services as a Medi-Cal Dental Program benefit through store-and-forward technology, not only as a way to reach many in this population with diagnostic and interim stabilizing procedures, but more importantly, as a bridge to entering into the full-scope of treatment services available under out existing dental delivery system." 2. Support if Amended. The Dental Board of California supports the AB 1174 Page 12 bill if amended. In their letter, they share the following concerns: The formulation of the additional allowable duties for registered dental assistants in extended functions (RDAEF) should be authorized in the form of a permit once requirements are successfully completed. This would be in contrast to the current language, which would in essence add allowable duties for those RDAEFs who met the necessary requirements. The Board is concerned that it may be difficult for consumers and dental healthcare professionals to discern between the varied allowable duties that RDAEFs are allowed to perform. If the language was to be amended in a format consistent with the issuance of a permit to RDAEFs to perform these additional duties, it would provide for better transparency between the Board and consumers who wish to verify licensure status and the allowable duties of the RDAEFs who provide them with dental healthcare services ; accordingly, the Board would be provided with the tools necessary to better protect the public. The Board recommends that the following statement be removed from the proposed amendments to Business and Professions Code Section 1753.55(c) for the purpose of clarity: "The committee shall review proposed regulations, and any subsequent proposed amendments to the promulgated regulations, and shall submit any recommended changes to the Board for review to establish a consensus." While this provision would be applicable to the proposed addition of Code Sections 1910.5 and 1926.05, as it relates to the Board working with the Dental Hygiene Committee of California (DHCC) on the formulation of the educational requirements for RDHs and RDHAPs, it is not necessary for the Board to consult with and establish a consensus with the DHCC on scope of practice issues or regulatory proposals relating to RDAEFs. This is because the Board provides direct oversight of the licensure and regulation of RDAEFs and the DHCC has no oversight authority for this licensure category. 1. Oppose Unless Amended. The Dental Hygiene Committee of California opposes the bill unless amended. In their letter they raise several concerns and propose amendments: 1910.5 should reflect only ITRs and not the determination of radiographs or settings for the RDH. BPC § 1913 establishes the settings for RDHs. 1926.5 should reflect only ITRs and not the determination of AB 1174 Page 13 radiographs or settings for the RDHAP. BPC § 1926 establishes the settings for the RDHAP. We are concerned that RDHAPs are being placed under general supervision. When the legislature established the RDHAP licensed, it was their intent for this professional to be an independent practitioner, but have an existing relationship with a dentist. We believe that the determination of radiographs is more appropriately located in BPC § 1910 by adding letter (e). Adding "including but not limited to" is necessary in order to clarify what we already believe to be true; that a RDH and RDHAP is educated and trained to determine which radiographic projection should be taken on patients: o "Determine which radiographs to perform on a patient including, but not limited to a patient who has not received an initial examination by a dentist for the purpose of making a diagnosis and treatment plan." We oppose the additional training for RDHs and RDHAPs to determine which radiograph to perform, as this is already a part of all RDH education and training. The bill mandates that the DBC promulgate regulations with only a cursory review by the DHCC to establish a consensus. However, the DHCC has the authority to promulgate its own regulations as provided by BPC § 1906. 1. Arguments in Opposition. The California Dental Hygienists' Association opposes the bill for myriad reasons including: This bill will increase access to care in the 17 virtual dental homes, but restrict the provision of care currently being provided by RDHs in public health programs as well as those being provided by the over 600 licensed RDHAPs. Changing section 1684.5(1) will allow unlicensed dental assistants and registered dental assistants to determine which radiographs to take. Neither of these categories of dental auxiliaries is currently allowed to perform this function. Moreover, those who fall into these categories will not be required to take the coursework required to perform this function. AB 1174 Page 14 Changing Section 1684.5(4)(c) is problematic in that it can be interpreted to require RDHs and RDHAPs to have a supervising dentist who will ensure that the patient or patient's representative is notified in writing of the supervising dentist's name, but RDHs in public health settings work unsupervised and RDHAPs provide dental hygiene care independently with no supervising dentist. The addition of Section 1910.5(a)(1)(B) and 1926.5(a)(1)(B) will require RDHs and RDHAPs to work under the general supervision of a dentist. Currently, both of these categories of licensed professionals work unsupervised. CDHA firmly believes that requiring a dentist's order to place an Interim Therapeutic Restoration is an unnecessary barrier which decreases patient's access to care. 1. Policy Issues for Consideration. The CDHA raises several concerns in their letter. One such concern is the use of the term "auxiliary." Auxiliaries can be interpreted to include various allied health professionals that assist dentists including unlicensed dental assistants. It appears that the intent of this legislation is only for RDHs, RDAEFs and RDHAPs to be permitted to place ITRs and determine and perform radiographs. As such, the Author may consider removing the term "auxiliary" and instead specifying the groups the bill is intended to apply to. In order to clarify that a dentist will only supervise RDAEFs, RDHAPs and RDHs for specified procedures, the Author may wish to amend the language of the bill to clarify that the dentist will supervise RDAEFs, RDHAPs and RDHs specifically for the procedures listed in BPC §§ 1753.55, 1910.5 and 1926.05 within virtual dental homes. NOTE : Double-referral to Rules Committee. SUPPORT AND OPPOSITION: Support: California Coverage & Health Initiatives California Dental Association California Primary Care Association California Society of Pediatric Dentistry AB 1174 Page 15 California Telehealth Network Connecting to Care Delta Dental First 5 Yolo Children and Families Commission First 5 Los Angeles Liberty Dental Plan of California Los Angeles Area Chamber of Commerce Maternal and Child Health Access Mendocino Community Health Clinic, Inc. Peninsula Family Service Roseland Pediatrics Shasta Community Health Center The Children's Partnership The L.A. Trust The Pew Charitable Trusts Children's Dental Campaign Worksite Wellness L.A. 4 individuals Support if Amended: Dental Board of California Oppose Unless Amended: Dental Hygiene Committee of California Opposition: California Dental Hygienists' Association Consultant:Le Ondra Clark, Ph. D.