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sb235 sub1 Senate Bill 235 History

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sb235 sub1
COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 235

(By Senators Prezioso, Stollings, Foster, Jenkins, Caruth, Sprouse, Wells, Hunter, Yoder, McCabe, Plymale, Love and Kessler)

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[Originating in the Committee on Government Organization;

reported February 18, 2008.]

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A BILL to repeal §16-41-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-41-2, §16-41-3, §16-41-4 and §16-41-6 of said code; and to amend said code by adding thereto a new section, designated §16-41-2a, all relating to oral health; establishing the Office for Oral Health within the Bureau for Public Health; requiring the director to be a licensed dentist; establishing an advisory board; and 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That §16-41-7 of the Code of West Virginia, 1931, as amended, be repealed; that §16-41-2, §16-41-3, §16-41-4 and §16-41-6 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §16-41-2a, all to read as follows:
ARTICLE 41. ORAL HEALTH IMPROVEMENT ACT.
§16-41-2. Office for Oral Health.
(a) Commencing the first day of July, two thousand eight, the Commissioner of the Bureau for Public Health shall establish and maintain an oral health program Office for Oral Health.
(b) The Commissioner of the Bureau for Public Health shall appoint employ a full-time director who shall be 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. The director shall report directly to the commissioner.
§16-41-2a. Advisory board.
(a) Commencing the first day of July, two thousand eight, an advisory board consisting of fifteen members is hereby created to advise the Director of the Office for Oral Health in developing a comprehensive plan to improve the oral health of the citizens in this state and implementing and maintaining an oral health program.
(b) The Governor shall appoint the following fifteen board members, by and with the advice and consent of the Senate:
(1) A representative from the West Virginia Dental Association;
(2) A representative from the West Virginia Dental Hygienist Association;
(3) A representative from the West Virginia University School of Dentistry;
(4) A representative from the West Virginia Primary Care Association;
(5) A representative from a free clinic in West Virginia;
(6) A representative from the Robert C. Byrd Center for Rural Health;
(7) A licensed dentist in private practice in West Virginia;
(8) A licensed oral surgeon;
(9) A licensed dental hygienist working in a private practice in West Virginia;
(10) A licensed pediatrician;
(11) A licensed family practice physician;
(12) A representative from the Bureau of Medical Services;
(13) A representative from the SCHIP program;
(14) A representative from the Public Employees Insurance Agency; and
(15) A representative from the Department of Education.
(c) When developing the comprehensive plan and implementing the oral health program, the director and the advisory board may consult with interested parties, state agencies and private entities who the board and director believe will bring a broad prevention perspective.
§16-41-3. Duties of the Office of Oral Health.
(a) In consultation with the advisory board established under the provisions of this article, 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 A comprehensive dental health plans plan; 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
(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 underserved 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 Facilitating 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 Providing evaluation of these programs in terms of preventive services.
(b) In consultation with dental care providers and the advisory board, 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 underserved 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 for Public Health.
§16-41-4. Receipt of funds; special revenue account.
(a) The Secretary of the Department of Health and Human Services Resources may in his or her discretion, transfer funds, except those funds specifically earmarked for the Division of Maternal and Child Health, 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 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 director shall submit a report on the commissioner's findings and recommendations to the Governor, the Legislative Oversight Commission on Health and Human Resources Accountability and the Joint Committee on Government and Finance on the Office for Oral Health and its oral health programs established under this article. The report shall include a summary of the programs' accomplishments during the preceding year, the identification of existing barriers to proper oral health care in the state and recommendations addressing the removal of the barriers.

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