Introduced Version Senate Bill 327 History

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SB327 intr
Senate Bill No. 327

(By Senator s Prezioso, Foster, Jenkins,

Minard, Caruth, Hall, Unger, Chafin, White, Stollings, Plymale and Wells )


[Introduced January 21, 2010; referred to the Committee on Health and Human Resources; and then to the Committee on Finance .]

A BILL to repeal §16-41-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-41-2, §16-41-3, §16-41-4 and §16-41-6 of said code, all relating to the establishment of the Office for Oral Health in the Bureau for Public Health; creating a full-time director; establishing an advisory board; and the responsibilities of the Office for Oral Health.

Be it enacted by the Legislature of West Virginia:
That §16-41-7 of the Code of West Virginia, 1931, as amended, be repealed; and that §16-41-2, §16-41-3, §16-41-4 and §16-41-6 of said code be amended and reenacted, all to read as follows:
§16-41-2. Oral health program and director.
(a) The Commissioner of the Bureau for Public Health shall establish and maintain an Office for Oral Health oral health program to report directly to the commissioner.
(b) The Commissioner of the Bureau for Public Health shall employ a full-time director. The director shall have at least three years' experience in health or management in a health care related setting. The director shall employ any administrative or professional employees required for the proper administration of the programs provided in this article. The director shall appoint a consulting appoint a dentist licensed in this state. as director of the oral health program who The director shall administer the program pursuant to the provisions of section three of this article.
§16-41-3. Duties and directives of the Office for Oral Health.
(a) The Director of the oral health program Office for Oral Health shall implement and maintain the oral health program to include, but not be limited to, the following goals and objectives:
(1) The development of a comprehensive dental health plans within the framework of the state plan of operation, provided for in subsection (f), section six, article one of this chapter, to maximize use of all available resources The establishment of an advisory board to advise the director in the development of a comprehensive plan with designated benchmarks and responsible parties to improve the oral health of citizens in the state. The Director of the Office for Oral Health shall serve as the chairperson of the board and shall appoint its members who shall include a representative of the West Virginia Dental Association, the West Virginia Dental Hygienist Association, the WVU Dental School, the West Virginia Primary Care Association, the Free Clinics in West Virginia, a licensed oral surgeon, a dentist and a dental hygienist working in private practice in the state, a pediatrician and family practice physician, a representative of the Bureau of Medical Services, a representative of the SCHIP program and the Public Employee Insurance Program, a representative of the Department of Education and other representatives of state agencies and private sector entities who the director believes will bring a broad prevention perspective to the board;
(2) Providing the consultation necessary to coordinate federal, state, county and city agency programs concerned with dental health;
(3) Encouraging, supporting and augmenting the efforts of local boards of health and boards of education in the implementation of a dental health component in their program plans;
(4) Providing consultation and program information to, at a minimum, health professions, health professional educational institutions, school educators, extension specialists and volunteer agencies;
(5) Providing programs aimed at preventing and detecting oral cancer in the state, with a primary focus of meeting the needs of high-risk under-served populations, with the intent to reduce oral cancer mortality;
(6) Providing programs addressing oral health education and promotion, including:
(A) Public health education to promote the prevention of oral disease through self-help methods, including the initiation and expansion of preschool, school age and adult education programs;
(B) Organized continuing health education training programs for, at a minimum, health care providers, school educators and extension specialists; and
(C) Preventive health education information for the public;
(7) Facilitation of access to oral health services, including:

(A) The improvement of the existing oral health services delivery system for the provision of services to all West Virginia residents;
(B) Outreach activities to inform the public of the type and availability of oral health services to increase the accessibility of oral health care for all West Virginia residents; and
(C) Design of oral health programs that assure children entering kindergarten, grade two and grade six have an oral health exam and appropriate preventative programs including recommendations for potential funding sources;
(D) Design of a training program for pediatricians, primary care providers and their staff in certain preventive oral health procedures; and
(C) (E) Assistance and cooperation in promoting better distribution of dentists and other oral health professionals throughout the state;
(8) Providing programs specifically targeting prevention of tooth loss and the restoration of existing teeth to the extent that funds are available.
(9) Providing oral or dental health services to individuals in need, to the extent funds are available for the services; and
(10) Provide evaluation of these programs in terms of preventive services.
(b) In consultation with dental care providers, the commissioner director shall develop and implement ongoing oral cancer educational programs in the state:
(1) To train health care providers to screen and properly refer patients with oral cancers; and
(2) To promote the cessation of the use of alcohol and tobacco products with a primary focus of meeting the needs of high-risk under-served populations.
(c) The programs developed and implemented under this section shall address:
(1) The risk factors that lead to oral cancer;

(2) The signs and symptoms of oral cancer;

(3) The high-risk behaviors that may lead to oral cancer; and

(4) The accessibility of screening to detect oral cancer.

(d) In addition to the duties and responsibilities required under this section, the director of the oral health program shall administer and supervise all dental health programs within the Bureau of for Public Health.
§16-41-4. Receipt of funds; special revenue account.
(a) The secretary of the Department of Health and Human Services may, in his or her discretion, Secretary of Health and Human Resources shall transfer funds previously used in the oral health program unless specifically earmarked for the Division of Maternal and Child Health and from other programs within his or her control, to the special revenue account created in this section for the purposes established in this article.
(b) The director may apply for and receive for the oral health program Office for Oral Health any financial aid granted by any private, federal, state or local or other grant or source.
(c) There is hereby established in the state Treasury a special revenue account designated the "Oral Health Program Fund" "Office for Oral Health Fund". All funds received by the director for the oral health program shall be deposited in the special revenue account.
(d) Moneys deposited in this fund shall be used exclusively to provide oral health services to accomplish the purposes of this article. Expenditures of moneys deposited in this fund are to be made in accordance with appropriation by the Legislature and in accordance with article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter five-a eleven-b of this code. Provided, That for the fiscal year beginning the first day of July, two thousand two, expenditures are authorized from deposits rather than pursuant to appropriation by the Legislature The director may disburse funds from the special revenue account as required by this article.
§16-41-6. Reporting requirements.
On or before the first day of December of each year, the commissioner shall submit a report on the commissioner's findings and recommendations to the Governor, the Legislative Oversight Commission on Health and Human Resource Accountability and the Joint Committee on Government and Finance on the Office for Oral Health oral health programs established under this article. The report shall include a summary of program accomplishments during the preceding year and the identification of existing barriers to proper oral health care in the state and recommendations addressing the removal of the barriers.

NOTE: The purpose of the bill is to create an Office for Oral Health under the Bureau for Public Health and to authorize a full- time director.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill was recommended for passage during the 2010 legislative session by the Select Committee on Health.
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