COMMITTEE SUBSTITUTE
FOR
H. B. 3017
(By Delegates Fleischauer, Compton, Kominar,
Butcher, Mahan, Hatfield and Beane
)
(Originating in the Committee on Finance)
[February 26, 2002]
A BILL to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-eight,
relating to the creation of a state oral health program within
the bureau for public health.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article thirty-eight, to read as
follows:
ARTICLE 38. ORAL HEALTH IMPROVEMENT ACT.
§16-38-1. Short title.
This article may be cited as the "West Virginia Oral Health
Improvement Act".
§16-38-2. Oral health program and director.
(a) The commissioner of the bureau for public health shall
establish and maintain an oral health program.
(b) The commissioner of the bureau for public health shall
appoint a dentist licensed in this state as director of the oral
health program who shall administer the program pursuant to the
provisions of section three of this article.
§16-38-3. Duties and directives of oral health program.
(a) The director of the oral health program shall implement
and maintain the oral health program to include, but not be limited
to, the following goals and objectives:
(1) The development of comprehensive dental health plans
within the framework of the state plan of operation, provided for
in subdivision (f), section six, article one of this chapter, to
maximize use of all available resources.
(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) (A) 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. In consultation with dental care providers,
the commissioner shall develop and implement ongoing oral cancer
educational programs in the state:
(i) To train health care providers to screen and properly
refer patients with oral cancers; and
(ii) 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;
(B) The programs developed and implemented under this
subdivision shall address:
(i) The risk factors that lead to oral cancer;
(ii) The signs and symptoms of oral cancer;
(iii) The high-risk behaviors that may lead to oral cancer;
and
(iv) The accessibility of screening to detect oral cancer.
(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) 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.
(10) Provide evaluation of these programs in terms of
preventive services.
(b) In addition to the duties and responsibilities required under subsection (a) of this section, the director of the oral
health program shall administer and supervise all dental health
programs within the bureau of public health.
§16-38-4. Receipt of funds; special revenue account.
(a) The secretary of the department of health and human
services may, in his discretion, transfer funds 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 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."
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 of
this code: Provided, That for the fiscal year ending the thirtieth
day of June, two thousand three, expenditures are authorized from deposits rather than pursuant to appropriation by the Legislature.
The director may disburse funds from the special revenue account as
may be required by this article.
§16-38-5. Contracts.
The director may enter into contracts and agreements necessary
to facilitate the efficient and economical provision of oral health
services under this article, including contracts for the purchase
of services, equipment, and supplies from qualified providers, if
included in the plan.
§16-38-6. 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 and the joint committee on
government and finance on the oral health programs established
under this article. The report shall include the identification of
existing barriers to proper oral health care in the state and
recommendations addressing the removal of the barriers.
The purpose of this bill is to create an oral health program for
the citizens of the state.
This is a new article; therefore, underlining and strike-
throughs have been omitted.