Bill Text: OR SB1509 | 2012 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to health; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-03-27 - Effective date, March 27, 2012. [SB1509 Detail]

Download: Oregon-2012-SB1509-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 58
           (Including Amendments to Resolve Conflicts)

                           C-Engrossed

                        Senate Bill 1509
                Ordered by the House February 24
Including Senate Amendments dated February 14 and February 20 and
               House Amendments dated February 24

Sponsored by Senator BATES (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Authorizes dentists and dental hygienists who are licensed in
another state and in good standing to practice dentistry without
compensation for specified period of time.
   { +  Prohibits fully capitated health plan, physician care
organization or coordinated care organization from discriminating
against health care provider who is acting within scope of
provider's license or certification. Removes prohibition for
fully capitated health plans and physician care organizations on
July 1, 2017. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to health; creating new provisions; amending ORS 679.025
  and 680.020; repealing sections 7, 8, 9 and 10, chapter ___,
  Oregon Laws 2012 (Enrolled Senate Bill 1580); and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 679.025 is amended to read:
  679.025. (1) A person may not practice dentistry or purport to
be a dentist without a valid license to practice dentistry issued
by the Oregon Board of Dentistry.
  (2) The requirements of this section do not apply to:
  (a) Dentists licensed in another state making a clinical
presentation sponsored by a bona fide dental society or
association or an accredited dental educational institution
approved by the board.
  (b) Bona fide full-time students of dentistry who, during the
period of their enrollment and as a part of the course of study
in an Oregon accredited dental education program, engage in
clinical studies on the premises of such institution or in a
clinical setting located off the premises of the institution if
the facility, the instructional staff and the course of study to
be pursued at the off-premises location meet minimum requirements
prescribed by the rules of the board and the clinical study is
performed under the direct supervision of a member of the
faculty.
  (c) Bona fide full-time students of dentistry who, during the
period of their enrollment and as a part of the course of study
in a dental education program located outside of Oregon that is
accredited by the Commission on Dental Accreditation of the
American Dental Association or its successor agency, engage in
community-based or clinical studies as an elective or required
rotation in a clinical setting located in Oregon if the
community-based or clinical studies meet minimum requirements
prescribed by the rules of the board and are performed under the
direct supervision of a member of the faculty of the Oregon
Health and Science University School of Dentistry.
  (d) Candidates who are preparing for a licensure examination to
practice dentistry and whose application has been accepted by the
board or its agent, if such clinical preparation is conducted in
a clinic located on premises approved for that purpose by the
board and if the procedures are limited to examination only. This
exception shall exist for a period not to exceed two weeks
immediately prior to a regularly scheduled licensure examination.
  (e) Dentists practicing in the discharge of official duties as
employees of the United States Government and any of its
agencies.
  (f) Instructors of dentistry, whether full- or part-time, while
exclusively engaged in teaching activities and while employed in
accredited dental educational institutions.
  (g) Dentists employed by public health agencies who are not
engaged in the direct delivery of clinical dental services to
patients.
  (h) Persons licensed to practice medicine in the State of
Oregon in the regular discharge of their duties.
  (i) Persons qualified to perform services relating to general
anesthesia or sedation under the direct supervision of a licensed
dentist.
   { +  (j) Dentists licensed in another state and in good
standing, while practicing dentistry without compensation for no
more than five consecutive days in any 12-month period, provided
the dentist submits an application to the board at least 10 days
before practicing dentistry under this paragraph and the
application is approved by the board. + }
    { - (j) - }   { + (k) + } Persons practicing dentistry upon
themselves as the patient.
    { - (k) - }   { + (L) + } Dental hygienists, dental
assistants or dental technicians performing services under the
supervision of a licensed dentist in accordance with the rules
adopted by the board.
    { - (L) - }   { + (m) + } A person licensed as a denturist
under ORS 680.500 to 680.565 engaged in the practice of denture
technology.
    { - (m) - }   { + (n) + } An expanded practice dental
hygienist who renders services authorized by a permit issued by
the board pursuant to ORS 680.200.
  SECTION 2. ORS 680.020 is amended to read:
  680.020. (1) It is unlawful for any person not otherwise
authorized by law to practice dental hygiene or purport to be a
dental hygienist without a valid license to practice dental
hygiene issued by the Oregon Board of Dentistry.
  (2) The requirements of this section do not apply to:
  (a) Dental hygienists licensed in another state making a
clinical presentation sponsored by a bona fide dental or dental
hygiene society or association or an accredited dental or dental
hygiene education program approved by the board.
  (b) Bona fide students of dental hygiene who engage in clinical
studies during the period of their enrollment and as a part of
the course of study in an Oregon dental hygiene education
program. The program must be accredited by the Commission on
Dental Accreditation of the American Dental Association, or its
successor agency, if any, and approved by the board. The clinical
study may be conducted on the premises of the program or in a
clinical setting located off the premises. The facility, the
instructional staff, and the course of study at the off-premises
location must meet minimum requirements prescribed by the rules
of the board, and the clinical study at the off-premises location
must be performed under the direct supervision of a member of the
faculty.
  (c) Bona fide students of dental hygiene who engage in
community-based or clinical studies as an elective or required
rotation in a clinical setting located in Oregon during the
period of their enrollment and as a part of the course of study
in a dental hygiene education program located outside of Oregon.
The program must be accredited by the Commission on Dental
Accreditation of the American Dental Association or its successor
agency. The community-based or clinical studies must:
  (A) Meet minimum requirements prescribed by the rules of the
board; and
  (B) Be performed under the direct supervision of a member of
the faculty of the Oregon Health and Science University School of
Dentistry or another Oregon institution with an accredited dental
hygiene education program approved by the board.
  (d) Students of dental hygiene or graduates of dental hygiene
programs who engage in clinical studies as part of a course of
study or continuing education course offered by an institution
with a dental or dental hygiene program. The program must be
accredited by the Commission on Dental Accreditation of the
American Dental Association or its successor agency.
  (e) Candidates who are preparing for licensure examination to
practice dental hygiene and whose application has been accepted
by the board or its agent, if such clinical preparation is
conducted in a clinic located on premises approved for that
purpose by the board and if the procedures are limited to
examination only.
  (f) Dental hygienists practicing in the discharge of official
duties as employees of the United States Government and any of
its agencies.
  (g) Instructors of dental hygiene, whether full- or part-time,
while exclusively engaged in teaching activities and while
employed in accredited dental hygiene educational programs.
  (h) Dental hygienists employed by public health agencies who
are not engaged in direct delivery of clinical dental hygiene
services to patients.
  (i) Counselors and health assistants who have been trained in
the application of fluoride varnishes to the teeth of children
and who apply fluoride varnishes only to the teeth of children
enrolled in or receiving services from the Women, Infants and
Children Program, the Oregon prekindergarten program or a federal
Head Start grant program.
   { +  (j) Dental hygienists licensed in another state and in
good standing, while practicing dental hygiene without
compensation for no more than five consecutive days in any
12-month period, provided the dental hygienist submits an
application to the board at least 10 days before practicing
dental hygiene under this paragraph and the application is
approved by the board. + }
  SECTION 3.  { + Section 4 of this 2012 Act is added to and made
a part of ORS chapter 414. + }
  SECTION 4.  { + (1) A fully capitated health plan, physician
care organization or coordinated care organization may not
discriminate with respect to participation in the plan or
organization or coverage against any health care provider who is
acting within the scope of the provider's license or
certification under applicable state law. This section does not
require that a plan or organization contract with any health care
provider willing to abide by the terms and conditions for
participation established by the plan or organization. This
section does not prevent a plan or organization from establishing
varying reimbursement rates based on quality or performance
measures.
  (2) A plan or organization may establish an internal review
process for a provider aggrieved under this section, including an
alternative dispute resolution or peer review process. An
aggrieved provider may appeal the determination of the internal
review to the Oregon Health Authority.
  (3) The authority shall adopt by rule a process for resolving
claims of discrimination under this section and, in making a
determination of whether there has been discrimination, must
consider the plan's or organization's:
  (a) Network adequacy;
  (b) Provider types and qualifications;
  (c) Provider disciplines; and
  (d) Provider reimbursement rates.
  (4) A prevailing party in an appeal under this section shall be
awarded the costs of the appeal. + }
  SECTION 5. Section 4 of this 2012 Act is amended to read:
   { +  Sec. 4. + } (1) A   { - fully capitated health plan,
physician care organization or - }  coordinated care organization
may not discriminate with respect to participation in the
 { - plan or - } organization or coverage against any health care
provider who is acting within the scope of the provider's license
or certification under applicable state law. This section does
not require that   { - a plan or - }  { +  an + } organization
contract with any health care provider willing to abide by the
terms and conditions for participation established by the
 { - plan or - }  organization. This section does not prevent
 { - a plan or - }  { +  an + } organization from establishing
varying reimbursement rates based on quality or performance
measures.
  (2)   { - A plan or - }  { +  An + } organization may establish
an internal review process for a provider aggrieved under this
section, including an alternative dispute resolution or peer
review process. An aggrieved provider may appeal the
determination of the internal review to the Oregon Health
Authority.
  (3) The authority shall adopt by rule a process for resolving
claims of discrimination under this section and, in making a
determination of whether there has been discrimination, must
consider the   { - plan's or - }  organization's:
  (a) Network adequacy;
  (b) Provider types and qualifications;
  (c) Provider disciplines; and
  (d) Provider reimbursement rates.
  (4) A prevailing party in an appeal under this section shall be
awarded the costs of the appeal.
  SECTION 6.  { + The amendments to section 4 of this 2012 Act by
section 5 of this 2012 Act become operative July 1, 2017. + }
  SECTION 7.  { + If Senate Bill 1580 becomes law, sections 7, 8,
9 and 10, chapter ___, Oregon Laws 2012 (Enrolled Senate Bill
1580), are repealed. + }
  SECTION 8.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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