Senate Bill 235 History
OTHER VERSIONS -
Senate Bill No. 235
(By Senators Prezioso, Stollings, Foster, Jenkins, Caruth,
Sprouse, Wells, Hunter, Yoder, McCabe, Plymale, Love and Kessler)
[Originating in the Committee on Government Organization;
reported February 18, 2008.]
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be repealed; that §16-41-2, §16-41-3, §16-41-4 and §16-41-6 of said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
ARTICLE 41. ORAL HEALTH IMPROVEMENT ACT.
§16-41-2. Office for Oral Health.
(a) Commencing the first day of July, two thousand eight,
Commissioner of the Bureau for Public Health shall establish and
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
(2) A representative from the West Virginia Dental Hygienist
(3) A representative from the West Virginia University School
(4) A representative from the West Virginia Primary Care
(5) A representative from a free clinic in West Virginia;
(6) A representative from the Robert C. Byrd Center for Rural
(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
(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
§16-41-3. Duties of the Office of Oral Health.
(a) In consultation with the advisory board established under
the provisions of this article,
of the oral health
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
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
(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 underserved populations, with the intent to reduce oral
(6) Providing programs addressing oral health education and
(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;
Facilitation of Facilitating
access to oral health
(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
evaluation of these programs in terms
of preventive services.
(b) In consultation with dental care providers and 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
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
in his or her discretion,
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
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
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.