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American
 Dental Education Association

Volume 2, No. 94, April 12, 2023

Biden Administration’s Proposed Title IX Rule Allows Limited Transgendered Athletic Ban

 

The Biden administration released a copy of its regarding Title IX and transgendered athletes. While the proposed rule prohibits a categorical ban on transgender students from participating on sports teams consistent with their gender identity, it also allows schools in certain instances, particularly in competitive high school and college athletic environments, to enact policies that limit transgender students’ participation on sports teams. The proposed rule would provide schools with a framework for developing eligibility criteria that protects students from being denied equal athletic opportunity, while giving schools the flexibility to develop their own participation policies.

 

If a school does decide to limit transgendered participation on sports teams, it must follow Title IX’s framework when implementing its decision. The framework requires that schools must consider various factors, including the sport, level of competition and grade level when deciding whether to limit the participation of transgender athletes in sports. It noted that some teams require advanced skills and others allow anyone to participate, such as intramural or junior varsity squads, and said rules must “reflect these differences in competition.” While elementary school sports should generally be open to transgender students, bans could be allowed for older students at the high school and college levels. The administration said the framework was to ensure objectives, such as fairness in competition.

 

According to the Department of Education’s , the proposed rule would apply to public, K-12 schools, as well as colleges, universities and other institutions that receive federal funding. There will be a 30-day public comment period that begins the day after the proposed rule is published in the Federal Register.

HRSA Awards $23M in Grants to Develop Teaching Health Center Residency Programs

 

The Health Resources and Services Administration (HRSA) awarded $23 million to to plan and develop Teaching Health Center residency programs in community-based settings.

 

The Teaching Health Center Planning and Development Program supports the planning and establishment of residency training programs in family medicine, internal medicine, pediatrics, internal medicine-pediatrics, psychiatry, obstetrics and gynecology, general dentistry, pediatric dentistry and geriatrics. These planning grants will support the work of building a program, developing a training curriculum, recruiting clinical faculty, retooling workflow to integrate residents and getting accredited–all of which require resources and staffing.

 

The Biden administration has pledged to continue its support of Teaching Health Centers by funding the programs in the .

 

Teaching Health Center programs prioritize training residents in community-based outpatient settings, such as Federally Qualified Health Centers.

HRSA Launches Oral Health Campaign

 

The Health Resources and Services Administration (HRSA) launched a new oral health literacy and education campaign. The “” campaign provides a variety of materials to help the public learn more about oral health, including how to take good care of your oral health at home and the importance of seeing a dentist regularly for checkup.

Supreme Court Temporarily Halts West Virginia Transgender Law

 

The U.S. Supreme Court issued a allowing a transgender girl to compete on girls’ cross country and track teams at her West Virginia middle school while her appeal moves through the courts. The court’s order did not give any reasons for its decision. However, Justices Samuel Alito and Clarence Thomas dissented, saying that states are entitled to pass laws that restrict participation in women’s or girls’ sports based on genes or physiological or anatomical characteristics.

 

The case arises from a 2021 law in West Virginia that barred boys from competing on girls’ teams in public schools based on biological sex. Lawyers for Becky Pepper-Jackson filed a complaint against the state. They asserted that her rights under Title IX and the 14th Amendment’s Equal Protection Clause, which Pepper-Jackson asserted prohibits a state from restricting participation in women’s or girls’ sports based on genes or physiological or anatomical characteristics, were being violated. A federal judge in West Virginia issued a preliminary injunction, allowing Pepper-Jackson to compete for more than a year and a half as the case moved forward. However, the judge eventually withdrew the preliminary injunction and issued a summary judgment in favor of the state. Pepper-Jackson appealed the decision to the Fourth Circuit Court, which issued a motion prohibiting the State from enforcing the law. The state appealed the Fourth Circuit’s decision to the Supreme Court.

 

The case is currently working its way through the court system and will likely be appealed on its merits to the Supreme Court.

Michigan Medicaid Adds New Dental Benefits for Adults and Increases Reimbursement Rates

 

Michigan’s Medicaid program recently implemented coverage of for adult enrollees. The new benefits, which launched on April 1, include:

  • Periodontal treatment and maintenance,
  • Sealants,
  • Root canals and
  • Crowns.

Additionally, were increased earlier this year to 100% of the average commercial rate. The state invested $85.1 million to increase reimbursement rates and $30 million to redesigned benefits. Dr. Vince Benivegna, president of the Michigan Dental Association, believes the increase in reimbursement rates will lead in the state’s Medicaid program.

Arizona Legislature Passes Bill to Increase Dental Hygienists' Scope of Practice

 

The Arizona state legislature that would include dental hygiene assessment and hygiene treatment under the scope of practice for dental hygienists. The bill defines dental hygiene assessment as identifying an existing or potential oral health problem that dental hygienists are educationally qualified and licensed to treat. Dental hygiene treatment planning is defined as performing a prioritized sequence of dental hygiene interventions that is predicated on the dental hygiene assessment and that is limited to those services included in the scope of practice for dental hygienists.

 

The bill will be sent to Gov. Katie Hobbs (D) for consideration.

ADEA Advocacy in Action

This appears weekly in the ADEA Advocate to summarize and provide direct links to recent advocacy actions taken by ADEA. Please let us know what you think and how we might improve its usefulness.

 

Issues and Resources

  • Applications for Ryan White Part F Dental Reimbursement Program
  • Applications for HRSA Dental Public Health Research Fellowship
  • ADEA on teledentistry
  • ADEA on the Impact of the COVID-19 Pandemic on U.S. Dental Schools
  • ADEA policy regarding overprescription of antibiotics
  • For a full list of ADEA memos, briefs and letters click .

The is published weekly. Its purpose is to keep ADEA members abreast of federal and state issues and events of interest to the academic dentistry and the dental and research communities.

 

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American Dental Education Association

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Tel: 202-289-7201

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B. Timothy Leeth, CPA

ADEA Chief Advocacy Officer

 

Bridgette DeHart, J.D.

ADEA Director of Federal Relations and Advocacy

 

Phillip Mauller, M.P.S.

ADEA Director of State Relations and Advocacy

 

Brian Robinson

ADEA Program Manager for Advocacy and Government Relations

 

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