Bill Text: OR SB738 | 2011 | Regular Session | Enrolled
Bill Title: Relating to dental health; appropriating money; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-08-03 - Effective date, August 2, 2011. [SB738 Detail]
Download: Oregon-2011-SB738-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 738
Sponsored by Senator MONNES ANDERSON
CHAPTER ................
AN ACT
Relating to dental health; creating new provisions; amending ORS
679.010, 679.020, 679.025, 680.150, 680.200, 680.205, 750.055
and 750.333; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
DENTAL PILOT PROJECTS + }
SECTION 1. { + (1) The Oregon Health Authority may approve
pilot projects to encourage the development of innovative
practices in oral health care delivery systems with a focus on
providing care to populations that evidence-based studies have
shown have the highest disease rates and the least access to
dental care. The authority may approve a pilot project that is
designed to:
(a) Operate for three to five years or a sufficient amount of
time to evaluate the validity of the pilot project;
(b) Evaluate quality of care, access, cost, workforce and
efficacy; and
(c) Achieve at least one of the following:
(A) Teach new skills to existing categories of dental
personnel;
(B) Develop new categories of dental personnel;
(C) Accelerate the training of existing categories of dental
personnel; or
(D) Teach new oral health care roles to previously untrained
persons.
(2) The authority shall adopt rules:
(a) Establishing an application process for pilot projects;
(b) Establishing minimum standards, guidelines and instructions
for pilot projects; and
(c) Requiring an approved pilot project to report to the
authority on the progress and outcomes of the pilot project,
including:
(A) The process used to evaluate the progress and outcomes of
the pilot project;
(B) The baseline data and information to be collected;
(C) The nature of program data that will be collected and the
methods for collecting and analyzing the data;
(D) The provisions for protecting the safety of patients seen
or treated in the project; and
Enrolled Senate Bill 738 (SB 738-B) Page 1
(E) A statement of previous experience in providing related
health care services.
(3) The authority shall seek the advice of appropriate
professional societies and licensing boards before adopting rules
under subsection (2) of this section.
(4)(a) Notwithstanding ORS 679.020 and 680.020, a person may
practice dentistry or dental hygiene without a license as part of
a pilot project approved under this section under the general
supervision of a dentist licensed under ORS chapter 679 and in
accordance with rules adopted by the authority.
(b) A person practicing dentistry or dental hygiene without a
license under this section is subject to the same standard of
care and is entitled to the same immunities as a person
performing the services with a license.
(5) The authority may accept gifts, grants or contributions
from any public or private source for the purpose of carrying out
this section. Funds received under this subsection shall be
deposited in the Dental Pilot Projects Fund established under
section 17 of this 2011 Act. + }
SECTION 2. { + Section 1 of this 2011 Act is repealed on
January 2, 2018. + }
{ +
EXPANDED PRACTICE DENTAL HYGIENISTS + }
SECTION 3. ORS 679.010 is amended to read:
679.010. As used in this chapter and ORS 680.010 to 680.205,
unless the context requires otherwise:
{ - (1) 'Board' means the Oregon Board of Dentistry. - }
{ - (2) - } { + (1) + } 'Dental assistant' means a person
who, under the supervision of a dentist, renders assistance to a
dentist, dental hygienist, dental technician or another dental
assistant or renders assistance under the supervision of a dental
hygienist providing dental hygiene.
{ - (3) - } { + (2) + } 'Dental hygiene' means that portion
of dentistry that includes the rendering of educational,
preventive and therapeutic dental services and diagnosis and
treatment planning for such services. 'Dental hygiene' includes,
but is not limited to, scaling, root planing, curettage, the
application of sealants and fluoride and any related intraoral or
extraoral procedure required in the performance of such services.
{ - (4) - } { + (3) + } 'Dental hygienist' means a person
who, under the supervision of a dentist, practices dental
hygiene.
{ - (5) - } { + (4) + } 'Dental technician' means that
person who, at the authorization of a dentist, makes, provides,
repairs or alters oral prosthetic appliances and other artificial
materials and devices which are returned to a dentist and
inserted into the human oral cavity or which come in contact with
its adjacent structures and tissues.
{ - (6) - } { + (5) + } 'Dentist' means a person who may
perform any intraoral or extraoral procedure required in the
practice of dentistry.
{ - (7) - } { + (6) + } 'Dentistry' means the healing art
which is concerned with the examination, diagnosis, treatment
planning, treatment, care and prevention of conditions within the
human oral cavity and maxillofacial region and conditions of
adjacent or related tissues and structures. The practice of
dentistry includes but is not limited to the cutting, altering,
repairing, removing, replacing or repositioning of hard or soft
Enrolled Senate Bill 738 (SB 738-B) Page 2
tissues and other acts or procedures as determined by the
{ + Oregon + } Board { + of Dentistry + } and included in the
curricula of dental schools accredited by the Commission on
Dental Accreditation of the American Dental Association,
post-graduate training programs or continuing education courses.
{ - (8) - } { + (7) + } 'Direct supervision' means
supervision requiring that a dentist diagnose the condition to be
treated, that a dentist authorize the procedure to be performed,
and that a dentist remain in the dental treatment room while the
procedures are performed.
{ + (8) 'Expanded practice dental hygienist' means a dental
hygienist who performs dental hygiene services in accordance with
ORS 680.205 as authorized by an expanded practice dental
hygienist permit issued by the board under ORS 680.200. + }
(9) 'General supervision' means supervision requiring that a
dentist authorize the procedures { + by standing orders,
practice agreements or collaboration agreements + }, but not
requiring that a dentist be present when the authorized
procedures are performed. The authorized procedures may also be
performed at a place other than the usual place of practice of
the dentist.
(10) 'Indirect supervision' means supervision requiring that a
dentist authorize the procedures and that a dentist be on the
premises while the procedures are performed.
{ - (11) 'Limited access permit dental hygienist' means a
dental hygienist who renders dental hygiene services in
accordance with ORS 680.205 as authorized by a limited access
permit issued by the board pursuant to ORS 680.200. - }
{ - (12) 'State' means any state or territory of the United
States and the District of Columbia. - }
SECTION 4. ORS 679.020 is amended to read:
679.020. (1) A person may not practice dentistry without a
license.
(2) Only a person licensed as a dentist by the Oregon Board of
Dentistry may own, operate, conduct or maintain a dental
practice, office or clinic in this state.
(3) The restrictions of subsection (2) of this section, as they
relate to owning and operating a dental office or clinic, do not
apply to a dental office or clinic owned or operated by any of
the following:
(a) A labor organization as defined in ORS 243.650 and 663.005
(6), or to any nonprofit organization formed by or on behalf of
such labor organization for the purpose of providing dental
services. Such labor organization must have had an active
existence for at least three years, have a constitution and
bylaws, and be maintained in good faith for purposes other than
providing dental services.
(b) The School of Dentistry of the Oregon Health and Science
University.
(c) Institutions of higher education listed in ORS 352.002.
(d) Local governments.
(e) Institutions or programs accredited by the Commission on
Dental Accreditation of the American Dental Association to
provide education and training.
(f) Nonprofit corporations organized under Oregon law to
provide dental services to rural areas and medically underserved
populations of migrant, rural community or homeless individuals
under 42 U.S.C. 254b or 254c or health centers qualified under 42
U.S.C. 1396d(l)(2)(B) operating in compliance with other
applicable state and federal law.
Enrolled Senate Bill 738 (SB 738-B) Page 3
(g) Nonprofit charitable corporations as described in section
501(c)(3) of the Internal Revenue Code and determined by the
Oregon Board of Dentistry as providing dental services by
volunteer licensed dentists to populations with limited access to
dental care at no charge or a substantially reduced charge.
(4) For the purpose of owning or operating a dental office or
clinic, an entity described in subsection (3) of this section
must:
(a) Name an actively licensed dentist as its dental director,
who shall be subject to the provisions of ORS 679.140 in the
capacity as dental director. The dental director, or an actively
licensed dentist designated by the director, shall have
responsibility for the clinical practice of dentistry, which
includes, but is not limited to:
(A) Diagnosis of conditions within the human oral cavity and
its adjacent tissues and structures.
(B) Prescribing drugs that are administered to patients in the
practice of dentistry.
(C) The treatment plan of any dental patient.
(D) Overall quality of patient care that is rendered or
performed in the practice of dentistry.
(E) Supervision of dental hygienists, dental assistants or
other personnel involved in direct patient care and the
authorization for procedures performed by them in accordance with
the standards of supervision established by statute or by the
rules of the board.
(F) Other specific services within the scope of clinical dental
practice.
(G) Retention of patient dental records as required by statute
or by rule of the board.
(H) Ensuring that each patient receiving services from the
dental office or clinic has a dentist of record.
(b) Maintain current records of the names of licensed dentists
who supervise the clinical activities of dental hygienists,
dental assistants or other personnel involved in direct patient
care utilized by the entity. The records must be available to the
board upon written request.
(5) Subsections (1) and (2) of this section do not apply to
{ - a limited access permit - } { + an expanded practice
+ }dental hygienist who renders services authorized by a
{ - limited access - } permit issued by the board pursuant to
ORS 680.200.
(6) Nothing in this chapter precludes a person or entity not
licensed by the board from:
(a) Ownership or leasehold of any tangible or intangible assets
used in a dental office or clinic. These assets include real
property, furnishings, equipment and inventory but do not include
dental records of patients related to clinical care.
(b) Employing or contracting for the services of personnel
other than licensed dentists.
(c) Management of the business aspects of a dental office or
clinic that do not include the clinical practice of dentistry.
(7) If all of the ownership interests of a dentist or dentists
in a dental office or clinic are held by an administrator,
executor, personal representative, guardian, conservator or
receiver of the estate of a former shareholder, member or
partner, the administrator, executor, personal representative,
guardian, conservator or receiver may retain the ownership
interest for a period of 12 months following the creation of the
ownership interest. The board shall extend the ownership period
Enrolled Senate Bill 738 (SB 738-B) Page 4
for an additional 12 months upon 30 days' notice and may grant
additional extensions upon reasonable request.
SECTION 5. ORS 679.025 is amended to read:
679.025. (1) { - It shall be unlawful for any - } { + A + }
person { - not otherwise authorized by law to - } { + 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 { - shall - }
{ + 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) Persons practicing dentistry upon themselves as the
patient.
Enrolled Senate Bill 738 (SB 738-B) Page 5
(k) 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) A person licensed as a denturist under ORS 680.500 to
680.565 engaged in the practice of denture technology.
(m) { - A limited access permit - } { + An expanded
practice + } dental hygienist who renders services authorized by
a { - limited access - } permit issued by the board pursuant to
ORS 680.200.
SECTION 6. ORS 680.150 is amended to read:
680.150. (1) Any dentist may employ a dental hygienist who may
engage in the practice of dental hygiene in the office of such
dentist under the general supervision of a dentist.
(2) Any public institution, health care facility or health
maintenance organization, as those terms are defined in ORS
442.015, may employ a dental hygienist who may engage in the
practice of dental hygiene under the general supervision of a
dentist.
(3) A dental hygienist under the general supervision of a
dentist may engage in the practice of dental hygiene in any place
where limited access patients are located.
(4) The Oregon Board of Dentistry may adopt rules specifying
other locations where dental hygienists may work and shall
specify in its rules the degree of supervision a dentist must
exercise over the procedures the hygienist performs.
(5) Notwithstanding ORS 679.010 { - (4) - } { + (3) + },
supervision by a dentist is not required when a dental hygienist
determines the need for and appropriateness of sealants or
fluoride, and applies sealants or fluoride at the locations and
for persons described in ORS 680.205 (1) { - and (2) - } .
SECTION 7. ORS 680.200 is amended to read:
680.200. (1) Upon application accompanied by the fee
established by the Oregon Board of Dentistry, the board shall
grant a permit to practice as { - a limited access permit - }
{ + an expanded practice + } dental hygienist to { - any - }
{ + an + } applicant who:
(a) Holds a valid, unrestricted Oregon dental hygiene license;
(b) Presents proof of current professional liability insurance
coverage;
(c) Presents documentation satisfactory to the board of
successful completion of an emergency life support course for
health professionals, including cardiopulmonary resuscitation,
from an agency or educational institution approved by the board;
and
(d) Presents documentation satisfactory to the board that the
{ - person - } { + applicant + } has:
(A)(i) Completed 2,500 hours of supervised dental hygiene
practice; and
(ii) { + After licensure as a dental hygienist, + } completed
40 hours of courses { + , chosen by the applicant, + } in { - a
formal, post-secondary educational program accredited by the
Commission on Dental Accreditation of the American Dental
Association or its successor agency and - } { + clinical dental
hygiene or public health sponsored by continuing education
providers + } approved by the board; or
(B) Completed a course of study approved by the board that
includes at least 500 hours of dental hygiene practice { + ,
completed before or after graduation from a dental hygiene
program, + } on patients described in ORS 680.205 while under the
direct supervision of a member of the faculty of a dental program
Enrolled Senate Bill 738 (SB 738-B) Page 6
or dental hygiene program accredited by the Commission on Dental
Accreditation of the American Dental Association or its successor
agency. { - Practice hours from before and after graduation
from the dental hygiene program may be combined to meet the
requirement of this subparagraph. - }
(2) { - All permits - } { + A permit + } issued pursuant to
subsection (1) of this section { - expire - } { + expires + }
two years following the date of issuance unless renewed on or
before that date by:
(a) Payment of the renewal fee as set by the board;
(b) Submission to the board of satisfactory evidence of
completion of at least 36 hours of continuing education;
{ - and - }
(c) Presentation to the board of proof of professional
liability insurance coverage { + ; and
(d) Completion of a survey developed by the board that measures
the success of the expanded practice dental hygienist program
against baseline data + }.
(3) The board may refuse to issue or renew { - a limited
access - } { + an expanded practice dental hygienist + } permit
or may suspend or revoke the permit of { - a limited access
permit - } { + an expanded practice + } dental hygienist who
has been convicted of an offense or been disciplined by a dental
licensing body in a manner that bears, in the judgment of the
board, a demonstrable relationship to the ability of the
applicant to practice { - limited access permit - }
{ + expanded practice + } dental hygiene in accordance with the
provisions of this chapter or ORS chapter 679, or who has
falsified an application for permit, or any person for any cause
described under ORS 679.140 or 679.170.
SECTION 8. ORS 680.205 is amended to read:
680.205. (1) { - A dental hygienist issued a permit to act as
a limited access permit - } { + An expanded practice + }dental
hygienist
{ - under ORS 680.200 shall be authorized to - } { + may + }
render all services within the scope of practice of dental
hygiene, as defined in ORS 679.010, without the supervision of a
dentist and as authorized by the { - limited access - }
{ + expanded practice dental hygienist + } permit to:
(a) Patients or residents of the following facilities or
programs who, due to age, infirmity or disability, are unable to
receive regular dental hygiene treatment:
(A) Nursing homes as defined in ORS 678.710;
(B) Adult foster homes as defined in ORS 443.705;
(C) Residential care facilities as defined in ORS 443.400;
(D) Adult congregate living facilities as defined in ORS
441.525;
(E) Mental health residential programs administered by the
Oregon Health Authority;
(F) Facilities for mentally ill persons, as those terms are
defined in ORS 426.005;
(G) Facilities for persons with mental retardation, as those
terms are defined in ORS 427.005;
(H) Local correctional facilities and juvenile detention
facilities as those terms are defined in ORS 169.005, regional
correctional facilities as defined in ORS 169.620, youth
correction facilities as defined in ORS 420.005, youth care
centers as defined in ORS 420.855, and Department of Corrections
institutions as defined in ORS 421.005; or
(I) Public and nonprofit community health clinics.
Enrolled Senate Bill 738 (SB 738-B) Page 7
(b) Adults who are homebound.
(c) Students or enrollees of nursery schools and day care
programs and their siblings under 18 years of age, Job Corps and
{ - other - } similar employment training facilities, primary
and secondary schools, including private schools and public
charter schools, and persons entitled to benefits under the
Women, Infants and Children Program.
(d) Patients in hospitals, medical clinics, medical offices or
offices operated or staffed by nurse practitioners, physician
assistants or midwives.
{ + (e) Patients whose income is less than the federal
poverty level.
(f) Other populations that the Oregon Board of Dentistry
determines are underserved or lack access to dental hygiene
services. + }
{ - (2) The Oregon Board of Dentistry may authorize the
provision of dental hygiene services by a limited access permit
dental hygienist at locations or to populations that are
underserved or lack access to dental hygiene services. - }
{ - (3) - } { + (2) + } At least once each calendar year,
{ - a dental hygienist issued a permit to act as a limited
access permit - } { + an expanded practice + } dental hygienist
shall refer each patient or resident to a dentist who is
available to treat the patient or resident.
{ + (3) An expanded practice dental hygienist may render the
services described in paragraphs (a) to (d) of this subsection to
the patients described in subsection (1) of this section if the
expanded practice dental hygienist has entered into an agreement
in a format approved by the board with a dentist licensed under
ORS chapter 679. The agreement must set forth the agreed-upon
scope of the dental hygienist's practice with regard to:
(a) Administering local anesthesia;
(b) Administering temporary restorations without excavation;
(c) Prescribing prophylactic antibiotics and nonsteroidal
anti-inflammatory drugs specified in the agreement; and
(d) Overall dental risk assessment and referral parameters. + }
(4) This section does not authorize { - a limited access
permit - } { + an expanded practice + } dental hygienist
{ - to administer local anesthesia or temporary restorations
except under the general supervision of a dentist licensed under
ORS chapter 679, or - } to administer nitrous oxide except under
the indirect supervision of a dentist licensed under ORS chapter
679.
(5) { - A limited access permit - } { + An expanded
practice + } dental hygienist may assess the need for and
appropriateness of sealants, apply sealants and write
prescriptions for all applications of fluoride in which fluoride
is applied or supplied to patients.
(6) { - A person granted a limited access permit under ORS
680.200 shall - } { + An expanded practice dental hygienist
must + } also procure all other permits or certificates required
by the board under ORS 679.250.
SECTION 9. { + The Oregon Board of Dentistry shall issue an
expanded practice dental hygienist permit under ORS 680.200 to
each person holding a limited access permit under ORS 680.200 as
in effect immediately before the operative date specified in
section 19 of this 2011 Act. + }
SECTION 10. { + Section 11 of this 2011 Act is added to and
made a part of the Insurance Code. + }
Enrolled Senate Bill 738 (SB 738-B) Page 8
SECTION 11. { + (1) If a policy of insurance covering dental
health provides for coverage for services performed by a dentist
licensed under ORS chapter 679, the policy must also cover the
services when they are performed by an expanded practice dental
hygienist, as defined in ORS 679.010, who has entered into a
provider contract with the insurer.
(2) The provisions of ORS 743A.001 do not apply to this
section. + }
SECTION 12. { + (1) The Oregon Board of Dentistry shall
compile data, including baseline data, in every odd-numbered year
on the use of expanded practice dental hygienists, as defined in
ORS 679.010, in this state.
(2)(a) The Department of Consumer and Business Services shall
adopt rules requiring health insurers to report to the department
on the reimbursement of services provided by expanded practice
dental hygienists.
(b) The department shall provide the information collected
under paragraph (a) of this subsection to the board.
(3) The board shall report to an interim legislative committee
related to dental health on the reimbursement of services
provided by expanded practice dental hygienists on or before
October 1 of each even-numbered year. + }
SECTION 13. ORS 750.055 is amended to read:
750.055. (1) The following provisions of the Insurance Code
apply to health care service contractors to the extent not
inconsistent with the express provisions of ORS 750.005 to
750.095:
(a) ORS 705.137, 705.139, 731.004 to 731.150, 731.162, 731.216
to 731.362, 731.382, 731.385, 731.386, 731.390, 731.398 to
731.430, 731.428, 731.450, 731.454, 731.488, 731.504, 731.508,
731.509, 731.510, 731.511, 731.512, 731.574 to 731.620, 731.592,
731.594, 731.640 to 731.652, 731.730, 731.731, 731.735, 731.737,
731.750, 731.752, 731.804, 731.844 to 731.992 and 731.870.
(b) ORS 732.215, 732.220, 732.230, 732.245, 732.250, 732.320,
732.325 and 732.517 to 732.592, not including ORS 732.582.
(c) ORS 733.010 to 733.050, 733.080, 733.140 to 733.170,
733.210, 733.510 to 733.680 and 733.695 to 733.780.
(d) ORS chapter 734.
(e) ORS 742.001 to 742.009, 742.013, 742.061, 742.065, 742.150
to 742.162, 742.400, 742.520 to 742.540, 743.010, 743.013,
743.018 to 743.030, 743.050, 743.100 to 743.109, 743.402,
743.472, 743.492, 743.495, 743.498, 743.522, 743.523, 743.524,
743.526, 743.527, 743.528, 743.529, 743.549 to 743.552, 743.560,
743.600 to 743.610, 743.650 to 743.656, 743.804, 743.807,
743.808, 743.814 to 743.839, 743.842, 743.845, 743.847, 743.854,
743.856, 743.857, 743.858, 743.859, 743.861, 743.862, 743.863,
743.864, 743.911, 743.912, 743.913, 743.917, 743A.010, 743A.012,
743A.020, 743A.036, 743A.048, 743A.058, 743A.062, 743A.064,
743A.066, 743A.068, 743A.070, 743A.080, 743A.084, 743A.088,
743A.090, 743A.100, 743A.104, 743A.105, 743A.110, 743A.140,
743A.141, 743A.144, 743A.148, 743A.160, 743A.164, 743A.168,
743A.170, 743A.175, 743A.184, 743A.188, 743A.190 and
743A.192 { + and section 11 of this 2011 Act + }.
(f) The provisions of ORS chapter 744 relating to the
regulation of insurance producers.
(g) ORS 746.005 to 746.140, 746.160, 746.220 to 746.370,
746.600, 746.605, 746.607, 746.608, 746.610, 746.615, 746.625,
746.635, 746.650, 746.655, 746.660, 746.668, 746.670, 746.675,
746.680 and 746.690.
Enrolled Senate Bill 738 (SB 738-B) Page 9
(h) ORS 743A.024, except in the case of group practice health
maintenance organizations that are federally qualified pursuant
to Title XIII of the Public Health Service Act unless the patient
is referred by a physician associated with a group practice
health maintenance organization.
(i) ORS 735.600 to 735.650.
(j) ORS 743.680 to 743.689.
(k) ORS 744.700 to 744.740.
(L) ORS 743.730 to 743.773.
(m) ORS 731.485, except in the case of a group practice health
maintenance organization that is federally qualified pursuant to
Title XIII of the Public Health Service Act and that wholly owns
and operates an in-house drug outlet.
(2) For the purposes of this section, health care service
contractors shall be deemed insurers.
(3) Any for-profit health care service contractor organized
under the laws of any other state that is not governed by the
insurance laws of the other state is subject to all requirements
of ORS chapter 732.
(4) The Director of the Department of Consumer and Business
Services may, after notice and hearing, adopt reasonable rules
not inconsistent with this section and ORS 750.003, 750.005,
750.025 and 750.045 that are deemed necessary for the proper
administration of these provisions.
SECTION 14. ORS 750.333 is amended to read:
750.333. (1) The following provisions of the Insurance Code
apply to trusts carrying out a multiple employer welfare
arrangement:
(a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.268,
731.296 to 731.316, 731.324, 731.328, 731.378, 731.386, 731.390,
731.398, 731.406, 731.410, 731.414, 731.418 to 731.434, 731.454,
731.484, 731.486, 731.488, 731.512, 731.574 to 731.620, 731.640
to 731.652 and 731.804 to 731.992.
(b) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210,
733.510 to 733.680 and 733.695 to 733.780.
(c) ORS chapter 734.
(d) ORS 742.001 to 742.009, 742.013, 742.061 and 742.400.
(e) ORS 743.028, 743.053, 743.524, 743.526, 743.527, 743.528,
743.529, 743.530, 743.560, 743.562, 743.600, 743.601, 743.602,
743.610, 743.730 to 743.773 (except 743.760 to 743.773), 743.801,
743.804, 743.807, 743.808, 743.814 to 743.839, 743.842, 743.845,
743.847, 743.854, 743.856, 743.857, 743.858, 743.859, 743.861,
743.862, 743.863, 743.864, 743.912, 743.917, 743A.012, 743A.020,
743A.052, 743A.064, 743A.080, 743A.100, 743A.104, 743A.110,
743A.144, 743A.170, 743A.175, 743A.184 and 743A.192 { + and
section 11 of this 2011 Act + }.
(f) ORS 743A.010, 743A.014, 743A.024, 743A.028, 743A.032,
743A.036, 743A.040, 743A.048, 743A.058, 743A.066, 743A.068,
743A.070, 743A.084, 743A.088, 743A.090, 743A.105, 743A.140,
743A.141, 743A.148, 743A.168, 743A.180, 743A.188 and 743A.190.
Multiple employer welfare arrangements to which ORS 743.730 to
743.773 apply are subject to the sections referred to in this
paragraph only as provided in ORS 743.730 to 743.773.
(g) Provisions of ORS chapter 744 relating to the regulation of
insurance producers and insurance consultants, and ORS 744.700 to
744.740.
(h) ORS 746.005 to 746.140, 746.160 and 746.220 to 746.370.
(i) ORS 731.592 and 731.594.
(j) ORS 731.870.
(2) For the purposes of this section:
Enrolled Senate Bill 738 (SB 738-B) Page 10
(a) A trust carrying out a multiple employer welfare
arrangement shall be considered an insurer.
(b) References to certificates of authority shall be considered
references to certificates of multiple employer welfare
arrangement.
(c) Contributions shall be considered premiums.
(3) The provision of health benefits under ORS 750.301 to
750.341 shall be considered to be the transaction of health
insurance.
{ +
COMMUNITY DENTAL HEALTH COORDINATOR PILOT PROJECTS + }
SECTION 15. { + (1) The Oregon Health Authority may approve
pilot projects for training and certifying community dental
health coordinators to educate the community on dental health.
(2) The authority shall consult with appropriate professional
organizations, educational institutions and the Oregon Board of
Dentistry before approving pilot projects under this section.
(3) An approved project must require community dental health
coordinators to complete 18 months of training, including an
internship.
(4) The authority shall adopt rules:
(a) Establishing an application process for pilot projects;
(b) Establishing minimum standards, guidelines and instructions
for pilot projects; and
(c) Requiring an approved pilot project to report to the
authority on the progress and outcomes of the pilot project,
including:
(A) The process used to evaluate the progress and outcomes of
the pilot project;
(B) The baseline data and information to be collected;
(C) The nature of program data that will be collected and the
methods for collecting and analyzing the data;
(D) The provisions for protecting the safety of patients seen
or treated in the project; and
(E) A statement of previous experience in providing related
health care services.
(5) The authority may accept gifts, grants or contributions
from any public or private source for the purpose of carrying out
this section. Funds received under this subsection shall be
deposited in the Dental Pilot Projects Fund established under
section 17 of this 2011 Act. + }
SECTION 16. { + Section 15 of this 2011 Act is repealed on
January 2, 2018. + }
{ +
DENTAL PILOT PROJECTS FUND + }
SECTION 17. { + The Dental Pilot Projects Fund is established
in the State Treasury, separate and distinct from the General
Fund. Interest earned by the Dental Pilot Projects Fund shall be
credited to the fund. Moneys in the fund are continuously
appropriated to the Oregon Health Authority for the purposes of
carrying out the provisions of sections 1 and 15 of this 2011
Act. + }
{ +
APPLICABILITY + }
Enrolled Senate Bill 738 (SB 738-B) Page 11
SECTION 18. { + The amendments to ORS 680.200 by section 7 of
this 2011 Act apply to applications for expanded practice dental
hygienist permits submitted on or after January 1, 2012. + }
{ +
OPERATIVE DATE + }
SECTION 19. { + (1) Sections 9 to 12 of this 2011 Act and the
amendments to ORS 679.010, 679.020, 679.025, 680.150, 680.200,
680.205, 750.055 and 750.333 by sections 3 to 8, 13 and 14 of
this 2011 Act become operative on January 1, 2012.
(2) The Oregon Board of Dentistry may take any action before
the operative date specified in subsection (1) of this section to
enable the board to exercise, on and after the operative date
specified in subsection (1) of this section, all of the duties,
functions and powers conferred on the board by sections 9 to 12
of this 2011 Act and the amendments to ORS 679.010, 679.020,
679.025, 680.150, 680.200, 680.205, 750.055 and 750.333 by
sections 3 to 8, 13 and 14 of this 2011 Act. + }
{ +
UNIT CAPTIONS + }
SECTION 20. { + The unit captions used in this 2011 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2011 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 21. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
----------
Passed by Senate June 17, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 22, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 738 (SB 738-B) Page 12
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 738 (SB 738-B) Page 13
