S T A T E O F N E W Y O R K
________________________________________________________________________
6029
2013-2014 Regular Sessions
I N A S S E M B L Y
March 13, 2013
___________
Introduced by M. of A. ORTIZ, PEOPLES-STOKES -- read once and referred
to the Committee on Education
AN ACT to amend the education law, in relation to establishing the chil-
dren's dental health improvement act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "children's dental health improvement act".
S 2. The education law is amended by adding a new section 902-a to
read as follows:
S 902-A. DENTAL HEALTH IMPROVEMENT PROGRAM. 1. DEFINITIONS. A. THE
TERM "SHORTAGE AREA" MEANS A FEDERALLY-DESIGNATED DENTAL HEALTH PROFES-
SIONAL SHORTAGE AREA; OR A SCHOOL DISTRICT IN WHICH AT LEAST TWENTY-FIVE
PERCENT OF THE PATIENT POPULATION RECEIVES MEDICAID, FEDERALLY SUBSI-
DIZED CHILD HEALTH INSURANCE PROGRAM FUNDS, OR IS UNINSURED FOR DENTAL
CARE.
B. THE TERM "SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION FREE,
CENTRAL, CENTRAL HIGH SCHOOL, OR CITY SCHOOL DISTRICT.
C. THE TERM "BOARD OF EDUCATION" SHALL MEAN THE GOVERNING BOARD OF ANY
PUBLIC SCHOOL DISTRICT DEFINED IN PARAGRAPH B OF THIS SUBDIVISION.
D. THE TERM "DENTAL HEALTH PROFESSIONAL" SHALL INCLUDE A DENTIST OR
DENTAL HYGIENIST AS PROVIDED IN ARTICLE ONE HUNDRED THIRTY-THREE OF THIS
CHAPTER.
E. THE TERM "YEAR OF SERVICE" SHALL MEAN TEN MONTHS OF CONTINUOUS
SERVICE AS A DENTAL HEALTH PROFESSIONAL DURING A SCHOOL YEAR, GENERALLY
OCCURRING BETWEEN SEPTEMBER FIRST AND JUNE THIRTIETH.
F. THE TERM "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF EDUCATION.
2. APPLICATION AND FUNDING. A. GRANTS SHALL BE MADE TO SCHOOL
DISTRICTS FOR RECRUITMENT AND RETENTION ACTIVITIES NECESSARY TO INCREASE
THE SUPPLY OF DENTAL HEALTH PROFESSIONALS IN SHORTAGE AREAS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09525-01-3
A. 6029 2
B. SUCH GRANTS SHALL BE AWARDED TO SCHOOL DISTRICTS, WITHIN THE LIMITS
OF FUNDS APPROPRIATED THEREFOR, THROUGH A COMPETITIVE PROCESS THAT TAKES
INTO CONSIDERATION THE MAGNITUDE OF ANY SHORTAGE OF DENTAL HEALTH
PROFESSIONALS IN THE SCHOOL DISTRICT, THE FISCAL CAPACITY AND POPULATION
DENSITY OF THE DISTRICT, AND THE PERCENTAGE OF PATIENT POPULATION
RECEIVING MEDICAID, FEDERALLY SUBSIDIZED CHILD HEALTH INSURANCE PROGRAM
FUNDS OR NO DENTAL HEALTH COVERAGE. GRANTS PROVIDED PURSUANT TO THIS
SECTION SHALL BE USED ONLY FOR THE PURPOSES ENUMERATED IN THIS SECTION.
C. NOT MORE THAN SIXTY PERCENT OF THE FUNDS ALLOCATED PURSUANT TO THIS
SECTION SHALL BE MADE AVAILABLE TO ANY ONE SCHOOL DISTRICT.
D. IN ALLOCATING GRANTS PURSUANT TO THIS SECTION, THE COMMISSIONER
SHALL GIVE PRIORITY TO DISTRICTS THAT ARE LOCATED IN SHORTAGE AREAS.
E. ANY SCHOOL DISTRICT RECEIVING FUNDS UNDER THIS SECTION SHALL MAIN-
TAIN ANY LOCAL EFFORT IN THE CURRENT YEAR EQUIVALENT TO SUCH EFFORT IN
THE BASE YEAR FOR ANY LOCAL PROGRAM RELATED TO THE RECRUITMENT OR
RETENTION OF DENTAL HEALTH PROFESSIONALS OR ANY PROGRAM THAT HAS
PURPOSES THAT ARE SIMILAR TO ANY PURPOSE OF THIS SECTION OR THE DISTRICT
SHALL PROVIDE A LOCAL MATCH TO STATE FUNDS RECEIVED PURSUANT TO THIS
SECTION. STATE FUNDS PROVIDED PURSUANT TO THIS SECTION SHALL NOT
SUPPLANT LOCAL FUNDS FOR ANY PURPOSE SIMILAR TO THE PURPOSES OF THIS
SECTION.
F. APPLICATIONS BY A SCHOOL DISTRICT FOR FUNDING PURSUANT TO THIS
SECTION SHALL BE FILED WITH THE COMMISSIONER, IN A FORM DETERMINED BY
THE COMMISSIONER, BY JUNE FIRST OF THE BASE YEAR AND SCHOOL DISTRICTS
SHALL BE NOTIFIED OF THEIR GRANT AWARD BY JUNE THIRTIETH OF THE BASE
YEAR, PROVIDED THAT IN ANY YEAR SUCH APPLICATION AND AWARD DATES MAY BE
MODIFIED BY THE COMMISSIONER FOR THE REASONABLE ADMINISTRATION OF THE
PROGRAM. SUCH APPLICATION SHALL INCLUDE A PLAN BY THE SCHOOL DISTRICT
FOR THE EXPENDITURE OF THE FUNDS AND SUCH EXPENDITURES SHALL BE CONSIST-
ENT WITH SUCH PLAN AND THE PROVISIONS OF THIS SECTION.
3. DENTAL HEALTH PROFESSIONAL RECRUITMENT INCENTIVE PROGRAM. DENTAL
HEALTH PROFESSIONAL RECRUITMENT INCENTIVE AWARDS MAY BE AVAILABLE TO
DENTISTS AND DENTAL HYGIENISTS PURSUANT TO THE PROVISIONS OF THIS SUBDI-
VISION TO RECRUIT AND RETAIN DENTAL HEALTH PROFESSIONALS TO SHORTAGE
AREAS.
A. ELIGIBILITY. (1) TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS
SUBDIVISION, A DENTIST APPLICANT SHALL:
(I) HAVE A LIMITED PERMIT OR PROFESSIONAL LICENSE AS PROVIDED IN ARTI-
CLE ONE HUNDRED THIRTY-THREE OF THIS CHAPTER;
(II) AGREE TO A SERVICE OBLIGATION OF AT LEAST ONE YEAR OF SERVICE IN
A SHORTAGE AREA AS A CONDITION OF RECEIVING AN AWARD PURSUANT TO THIS
SUBDIVISION; AND
(III) BE EMPLOYED FOR THE FIRST TIME AS A DENTIST IN THE PUBLIC SCHOOL
OR SCHOOL DISTRICT.
(2) TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVISION A DENTAL
HYGIENIST APPLICANT SHALL:
(I) HAVE A LIMITED PERMIT, OR LICENSE AS PROVIDED IN ARTICLE ONE
HUNDRED THIRTY-THREE OF THIS CHAPTER;
(II) AGREE TO A SERVICE OBLIGATION OF AT LEAST ONE YEAR OF SERVICE IN
A SHORTAGE AREA AS A CONDITION OF RECEIVING AN AWARD PURSUANT TO THIS
SUBDIVISION; AND
(III) BE EMPLOYED FOR THE FIRST TIME AS A DENTAL HYGIENIST IN THE
PUBLIC SCHOOL OR SCHOOL DISTRICT.
B. APPLICATION AND SELECTION. (1) THE BOARD OF EDUCATION SHALL DETER-
MINE THE FORM OF THE APPLICATION AND THE APPLICATION PROCESS FOR
DENTISTS AND DENTAL HYGIENISTS DEEMED ELIGIBLE FOR THE AWARD, AND SHALL
A. 6029 3
IN ITS DISCRETION SELECT THE NUMBER OF ELIGIBLE APPLICANTS WHO WILL
RECEIVE AN AWARD PURSUANT TO THIS SUBDIVISION.
(2) IF THE NUMBER OF ELIGIBLE APPLICANTS EXCEEDS THE NUMBER OF AWARDS
DETERMINED BY THE BOARD PURSUANT TO THIS SUBDIVISION, THE BOARD SHALL
USE AN OBJECTIVE COMPETITIVE PROCESS BASED ON EDUCATIONAL QUALIFICATIONS
TO DETERMINE WHICH ELIGIBLE APPLICANTS SHALL RECEIVE AWARDS.
C. PAYMENT OF AWARDS. (1) ANNUAL AWARDS FROM STATE AND LOCAL FUNDS
PROVIDED FOR THIS PURPOSE SHALL BE PAID BY THE BOARD OF EDUCATION TO THE
AWARD RECIPIENT. AWARD RECIPIENTS SHALL BE ENTITLED TO RECEIVE AWARDS
PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION AND SUCH AWARDS SHALL BE
IN ADDITION TO AND NOT PART OF ANY AWARD RECIPIENT'S BASE SALARY.
(2) THE INITIAL ANNUAL AWARD SHALL BE THE EQUIVALENT OF ONE THOUSAND
DOLLARS FOR EACH MONTH OF ELIGIBLE SERVICE PROVIDED IN THE SERVICE YEAR,
AND SUCH INITIAL AWARD MAY BE RENEWABLE EACH YEAR, FOR UP TO THREE ADDI-
TIONAL YEARS, PROVIDED THAT THE RECIPIENT AGREES TO ONE YEAR OF SERVICE
AS A DENTAL HEALTH PROFESSIONAL IN A SHORTAGE AREA FOR EACH YEAR OF A
RENEWED AWARD AND HAS PROVIDED SATISFACTORY SERVICE IN ANY PRIOR YEAR IN
WHICH AN INITIAL OR RENEWED AWARD WAS GRANTED TO THE RECIPIENT. NO
AWARDS SHALL BE MADE FOR LESS THAN ONE SCHOOL YEAR OF SERVICE AND THE
SUM OF ANY INITIAL AND RENEWED AWARD SHALL NOT EXCEED TEN THOUSAND
DOLLARS PER AWARD.
(3) THE BOARD OF EDUCATION SHALL DEVELOP AND SECURE FROM THE AWARD
RECIPIENT A WRITTEN AGREEMENT OUTLINING THE SERVICE OBLIGATION. SUCH
AGREEMENT SHALL INCLUDE PROVISIONS FOR THE RECIPIENT TO REPAY THE AMOUNT
OF THE AWARD TO THE SCHOOL DISTRICT IF THE RECIPIENT FAILS TO COMPLETE
THEIR SERVICE OBLIGATION IN ANY YEAR WHERE AN INITIAL OR RENEWED AWARD
IS GRANTED, AND SUCH REPAID AMOUNTS SHALL BE DEDUCTED FROM ANY GRANT
AMOUNTS DUE TO THE DISTRICT FROM THE STATE PURSUANT TO THIS SECTION.
UPON A WRITTEN APPEAL BY AN AWARD RECIPIENT, THE BOARD OF EDUCATION,
IN ITS DISCRETION, MAY PROVIDE A WAIVER OF REPAYMENT PROVISIONS FOR AN
AWARD RECIPIENT WHO FAILS TO COMPLETE HIS OR HER SERVICE REQUIREMENT FOR
DOCUMENTED REASONS OF HEALTH OR OTHER SEVERE HARDSHIP, AS DETERMINED BY
THE COMMISSIONER.
D. NOTIFICATION. THE BOARD OF EDUCATION SHALL NOTIFY BOTH SUCCESSFUL
AND UNSUCCESSFUL APPLICANTS BY SEPTEMBER FIRST OF ANY SCHOOL YEAR FOR
WHICH AN INITIAL OR RENEWED AWARD IS PROVIDED TO ONE OR MORE DENTAL
HEALTH PROFESSIONALS PURSUANT TO THIS SUBDIVISION.
4. REPORTING. BY NOVEMBER FIRST FOLLOWING THE COMPLETION OF EACH
SCHOOL YEAR, THE COMMISSIONER SHALL REPORT TO THE GOVERNOR AND THE
LEGISLATURE REGARDING THE DENTAL HEALTH IMPROVEMENT PROGRAM. A COPY OF
SUCH REPORT SHALL ALSO BE MADE AVAILABLE TO THE COMMISSIONER OF HEALTH.
SUCH REPORT SHALL LIST THE AMOUNT OF EACH SCHOOL DISTRICT'S TOTAL GRANT
PURSUANT TO THIS SECTION, THE NUMBER OF AWARDS GRANTED PURSUANT TO THIS
SECTION AND, IF APPLICABLE, THE NUMBER OF DENTISTS AND DENTAL HYGIENISTS
RECEIVING SUCH AWARDS, AS WELL AS AN ANALYSIS OF THE EFFECTIVENESS OF
THE PROGRAM IN RECRUITING DENTAL HEALTH PROFESSIONALS IN THE AREAS OF
THE STATE DESIGNATED AS SHORTAGE AREAS.
S 3. Early childhood caries study and report. 1. The commissioner of
health shall, within amounts made available therefor, conduct a study
that includes the following components: (a) identifies local public
health regions and districts containing children at high risk for early
childhood caries;
(b) collects, analyzes and disseminates data on early childhood caries
to local school districts; and
(c) develops public health education programs to prevent early child-
hood caries.
A. 6029 4
2. Such study shall be conducted and completed within eighteen months
of the effective date of this act.
3. Within twenty-four months of the effective date of this act, the
commissioner of health shall report to the legislature and the governor
on the results of the study on early childhood caries, and make recom-
mendations for expansion of the public health education component of the
early childhood caries study.
S 4. This act shall take effect immediately.