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May 2010
Greetings!
Here is the latest advocacy news from the Texas Academy of General Dentistry.
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TSBDE Hosts Informal Stakeholder Gathering

Dr. William Purifoy, chair of the State Board of Dental Examiners, convened an informal meeting of several stakeholder groups in Dallas on April 10. In part, the meeting was held in response to concerns raised by TAGD and others over the Board's policy regarding cosmetic surgery and treatment.
TAGD President, Dr. Dan McCauley, Advocacy Council Chairman Dr. David Tillman, and legislative consultant, David Mintz represented TAGD at the meeting. Drs. Maxwell Finn and Tamela Gough, who serve on the Board, and several members of the agency's staff also attended, as well as representatives from the Texas Society of Periodontists and the Texas Dental Association.
The main topic of discussion was a TSBDE policy adopted in April 2009 regarding the use of Botox and derma fillers, such as Restalyne.
Many observers, including TAGD, felt the policy went beyond statutory authority by suggesting that only oral and maxillofacial surgeons could perform procedures using Botox and derma fillers.
There was consensus among the stakeholder meeting participants that the policy should be clarified to allow general dentists, periodontists, and others to use Botox and other derma fillers for functional, dentistry-related purposes such as for TMD therapy.
To read the rest of this article click here.
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State Board of Dental Examiners Meets
Adopts Policy Statements

At the April 16 TSBDE meeting, the Board approved several rules intended to update and clarify agency administration. Several proposed rules were also approved for publication that, if adopted, could help to make the agency's procedural rules clearer and more consistent.
The TAGD Advocacy Council and TSBDE Subcommittee will review the proposed rules to assess their impact and determine whether TAGD should provide comments before they are considered for final adoption. A link to the new and proposed rules will also be provided on TAGD's website once they are available.
In addition, the Board adopted three policy statements dealing with facial cosmetic surgery/treatment, use of lasers by dental hygienists, and an agency ethics policy.
Copies of all three policies and other current policy statements are available on the TSBDE website here.
To read the rest of this article click here.
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Anesthesia Rules Ad Hoc Taskforce Meets

Work continues by the TSBDE anesthesia taskforce comprised of Board members who are charged with the rewrite of the Dental Board's anesthesia rules to align them with ADA guidelines adopted in 2007.
A major concern for TAGD is ensuring protection of anesthesia portability so that a properly trained dentist may work in different offices. The task force met on April 15 and is expected to meet prior to the Board's next meeting to finalize their recommendations to the full Board. At that point, the rules would be discussed by the full board and, if they receive initial approval for proposal, they would then be published in the Texas Register for public comment before going back to the Board for final adoption.
***Click here to view the adopted TAGD position paper regarding anesthesia portability, the wording slightly differs from the paper released in the last Gatekeeper.
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TDA Hosts Legislative Summit
On March 12, TAGD participated in a legislative summit organized by the TDA to discuss issues that may come up in the 2011 Texas Legislature. There were also participants from the Texas Academy of Pediatric Dentistry, the Texas Society of Periodontists, and the Texas Society of Oral and Maxillofacial Surgeons.
Among the issues considered: concerns about practices by some insurance companies to regulate the fees for uncovered dental services, ways of encouraging more dentists to accept Medicaid; and the possibility of providing dental exams before students enter school.
The group also expressed concern about efforts around the country to increase the use of mid-level providers. The Pew Foundation report, The Cost of Delay, which suggests increasing the use of mid level providers, was released in February. A copy of the report can be accessed here.
Another topic included proposed cuts in Medicaid reimbursement rates.
To read the rest of this article click here.
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Texas attendees Drs. James and Jennifer Bone, Bryan Moore, David Tillman, Andrew Lazaris, and Michael Goulding along with TAGD staff member Sandy Frizzell meet outside the capitol in Washington DC before legislative visits.
AGD Goes to Washington
The AGD held its annual two-day legislative conference in Washington DC last month.
Attendees participated in advocacy training the first day, and then traveled to the capitol for meetings with their respective Congressional and Senate offices regarding several issues before the legislature.
Issues discussed included: the Red Flags Rule regulation (HR 3763), the Dental Coverage Value and Transparency Act of 2010 (HR 5000), and repeal of the McCarran-Ferguson Act (HR 4626).
To read the rest of this article click here.
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Oral Surgeon Runs for Texas Senate
David Sibley of Waco, who served in the Texas Senate from 1991-2002 is running in a special election on May 8 to return to represent Senate District 22, which covers Bosque, Coryell, Ellis, Falls, Hill, Hood, Johnson, McLennan, Navarro and Somervell Counties. The election was called after Senator Kip Averitt resigned due to health reasons.
Sibley was an oral surgeon before pursuing a career as an attorney, politician and later representing clients before the legislature including the Texas Dental Association. More information about the campaign can be found at www.sibleyforsenate.com. Three other candidates are also in the race.
Representative Tara Rios Ybarra (D-South Padre Island), the only dentist currently serving in the Texas Legislature lost her re-election bid in the March Democratic primary. Dr. Rios Ybarra will serve in office until January 2011.
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TAGD Submits Tax Testimony

TAGD submitted written comments to the House Ways and Means Committee at a March 25 meeting that included a discussion regarding the current sales tax exclusion for cosmetic and elective dental procedures.
Chairman Rene Oliveira (D-Harlingen) noted that the committee is examining the public policy justifications for every sales tax exemption and exclusion. He said that just because the committee was studying this issue didn't mean that it was taking a position in favor or against any particular exemption or exclusion.
The state estimates that a sales tax on medical and dental services would generate about $903.5 million. However, there is not an estimate on how much revenue would be generated by just taxing cosmetic and elective procedures. A representative from the state comptroller's office testified that in states where cosmetic and elective procedures are taxed, efforts are made to distinguish between procedures that are purely cosmetic and ones that may be medically necessary.
Among the objections laid out in TAGD's testimony was a concern that many procedures which are done of therapeutic purposes, may also have a cosmetic component. In addition, it would potentially raise health care costs and create administrative burdens
To read the rest of this article click here.
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May 8th Special & Local Elections

May 8th is the Special Election to fill the vacated seats of Sen. Kip Averitt (R-Waco), Rep. Terri Hodge (D-Dallas) and Rep. Brian McCall (R-Plano) as well as Local Elections.
To find your local election polls and hours click here for local election contacts.
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TAGD
ADVOCACY FUND
TAGD is getting very close to the goal of raising $50,000 for the TAGD Advocacy Fund by Lone Star Dental Conference.
Thanks to all who have already made pledges. These funds will help TAGD to have the resources necessary to represent the GP at the Capitol and before state agencies.
To see who has contributed so far, click here.
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TAGD Advocacy Council
Dr. David Tillman
Chair
Ft. Worth
Dr. Craig Armstrong Vice-chair
Houston
Dr. Dan McCauley
Mt Pleasant
Dr. Jennifer Bone
Kerrville
Dr. Joey Cazares
McAllen
Dr. Mark Peppard
Austin
Dr. Dave Roberts
Dallas
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