H. B. 4153
(By Delegates Perdue, Border, Hartman,
Hatfield, Marshall, Michael, Moore,
Phillips, Rodighiero, Staggers and Wooton)
[Introduced January 21, 2010; referred to the
Committee on Health and Human Resources then Government
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, all relating to the establishment of the Office
for Oral Health in the Bureau for Public Health, creation of
a full time director and the establishment of 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be repealed; and that §16-41-2, §16-41-3, §16-41-4 and §16-41-6 of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:
ARTICLE 41. OFFICE FOR ORAL HEALTH.
§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
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
dentist licensed in this state.
director of the oral health program who The director
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
shall implement and maintain the oral health program to
include, but not be limited to, the following goals and objectives:
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
(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
(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
(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
(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
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
(b) In consultation with dental care providers, the
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
(c) The programs developed and implemented under this section
(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
§16-41-4. Receipt of funds; special revenue account.
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
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
(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
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 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
Joint Committee on Government and Finance on the Office for Oral
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
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
This bill was recommended for passage during the 2010
legislative session by the Select Committee on Health.