June 2013 TDA Today

JUNE 2013

CONTENTS •

• • • • • • • • •

VOLUME 14, ISSUE 6

2013 Gold Medal for Distinguished Service – Dr Paul Stubbs Dr Paul E. Stubbs of Georgetown (left) is this year’s recipient of TDA’s highest honor a Gold Medal for Distinguished Service. Dr Stubbs, a general dentist, has held countless leadership positions throughout his career. These include serving as president of the TDA (1990-91) and chairing the TDA Building Committee (2003-present). He also served on the ADA Council on Access, Prevention, and Interprofessional Relations (1994-1998), as a member of the Texas State Board of Dental Examiners (2001-2007), and as president of the Western Region Examining Board (2008). He is the 2013 president of the International College of Dentists (USA Section). He continues to practice dentistry full time in Georgetown and remains active in community volunteer work. Presenting the award is TDA President Dr Michael L. Stuart. Read about other awards presented at the TDA House of Delegates on pages 2-3.

Gold Medal for Distinguished Service - Dr Paul Stubbs, Georgetown Affordable Care Act, Part 1 Star of the South Dental Meeting TEXAS Meeting Awards Medicaid Update TDA Perks TDA Smiles Foundation TSBDE Rule Update President’s Statement Editorial: Thoughts from Your ED

June Texas Dental Journal El Paso Dental Conference

Around the State

AVAILABLE ON TDA.ORG

83rd Texas Legislature: TDA Achieves Goals

June 21 - Austin - TDA Leadership Conference - TDA Component Presidents Committee - Council/Committee/Affiliate Training & Strategic Planning June 22 - Austin - TDA Board Meeting

The Texas Legislature concluded its 83rd regular session on May 27, 2013, and against great odds, the TDA achieved a majority of its goals. Approximately 6,000 bills were filed this session — more than 300 of which affected dentistry favorably, unfavorably, or some combination of both. The TDA legislative team, consisting of TDA Department of Legislative and Regulatory Affairs staff and contract legislative consultants, analyzes every bill filed and works with members of the TDA Council on Legislative and Regulatory Affairs and Association leadership to determine the course of action for each. This is a time-consuming, cumbersome process that requires extensive analysis and thoughtful, delicate strategy. In the end, the legislative team successfully advocated passage of numerous bills that benefit dentistry and prevented passage of others that harm it.

The following bills are examples of legislation the TDA team successfully navigated through the legislative process. These bills passed both chambers and await action by Governor Rick Perry. The Governor has until June 16, 2013, to sign legislation into law, allow it to become law without his signature, or veto it.

June 28 - 29 - Amarillo - Texas Mission of Mercy

Using your smart phone, scan this QR code to access the TDA Today on TDA.org.

• • • • •

HB 500 – Makes permanent the $1 million exemption to the franchise tax.

HB 3201 – Defines in law dental service organizations and the service agreements they make with dentists.

HB 2483 – Requires oral health education to be included in health program for elementary, middle, and junior high students.

SB 1803 – Enhances rights, protections, and due processes for dentists who serve Medicaid patients.

HB 1491 – Creates temporary charitable license for out-of-state dentists to provide charitable care in Texas.

The TDA membership is well represented at the State Capitol where it has a strong, thoughtful voice. TDA will mail a comprehensive legislative summary report card to all Texas dentists in July.

Outstanding Senior Dental Student Awards

Ms Sarah Kinard (left) of UTHSC San Antonio Dental School is presented the TDA Outstanding Senior Dental Student award for her student leadership, academic accomplishments, professionalism, ethical conduct, and volunteer activities promoting dentistry. Presenting the award is Dr David Cox, assistant professor, department of Comprehensive Dentistry. (Photo courtesy Ms Dora J. Smith, UTHSCSA Dental School.)

Mr Wade Ryan Barker (right) of TAMHSC BCD is presented the TDA Outstanding Senior Dental Student award for his leadership, academic accomplishments, professionalism, ethical conduct, and volunteer activities promoting dentistry. Presenting the award is Dr Lawrence Wolinsky, dean of the dental school. (Photo courtesy Ms Moira Allen, TAMHSC BCD.)

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Ms Cynthia Anne Corral (left) of UT School of Dentistry at Houston is presented the TDA Outstanding Senior Dental Student award for her student leadership, academic accomplishments, professionalism, ethical conduct, and volunteer activities promoting dentistry. Presenting the award is Dr H. Phillip Pierpont, the associate dean for student affairs.

(Photo courtesy Mr Brian Schnupp, UT School of Dentistry at Houston.)

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Texas Dental Program Medicaid/CHIP The 83rd Regular Session of the Texas Legislature adjourned sine die on May 27, 2013, and the TDA once again successfully advocated on behalf of dentists participating in Medicaid and CHIP. The Association’s advocacy efforts helped preserve funding for Medicaid/CHIP dental programs, helped reduce Medicaid’s administrative burdens, and helped create transparency, clarity, and neutrality regarding investigation and enforcement activities of the Office of Inspector General (OIG) of the Health and Human Services Commission (HHSC).

2013 Annual Session Award Highlights Narrative by Paul H. Schlesinger; Photos by Goen South Photography and Paul H. Schlesinger 2013 TDA Awards Committee

Dr Jean E. Bainbridge, Chair, Senior Director, Northeast Division • Dr Yvonne E. Maldonado, Senior Director, Southwest Division Dr Gregory K. Oelfke, Senior Director, Southeast Division • Dr David C. Woodburn, Senior Director, Northwest Division

New Dentist Leadership Award Dr Misti P. James of Austin (left) is TDA’s outstanding new dentist leader of the year. She graduated from Indiana University School of Dentistry in 2003. Shortly thereafter she went into private practice in Indiana, and with her husband Dr Brian James, relocated to Austin in 2006. Dr James is extremely active on the local level as well as within the community. She is president of the Capital Area Dental Society for 2013-14. She has also served as an alternate delegate to the TDA, and on numerous committees for Capital Area. She continues to operate her general dentistry practice in Austin. She and Brian have a son Grayson, born Halloween 2010.

Dr James enjoys outdoor activities, running, boating, is an active member in her church, and volunteers for Mobile Loaves and Fishes. Presenting the award is Dr David Woodburn.

To read more, please visit tinyurl.com/Medicaid-CHIP.

Outgoing Council Members

Outgoing Vice Presidents

Perks 2012 Contributions to TDA Exceed a Half Million TDA Perks Program (Perks) contributed a total of $568,047 to TDA in 2012. TDA Perks Program is the “brand name” of wholly-owned TDA affiliate, TDA Financial Services, Inc. (FSI).

Perks enabled FSI to provide $349,792 to the TDA. It also contributed financially to TDA last year by paying for or sponsoring the following: human resources ($92,690), TEXAS Meeting ($43,782), lease ($43,101), TDA advertising ($25,690), TDA Leadership Conference ($9,200) and access to the TDA membership database ($3,792).

Perks/FSI serves dual functions to negotiate discounts or other benefits with endorsed vendors for TDA members and to generate non-dues revenue for TDA. When TDA members participate in Perks programs, these peer-reviewed vendors (partners) provide a marketing fee or royalty to Perks. More than 90% of the profit goes to TDA.

From left: Drs William M. Walton, Council on Constitution & Bylaws; Frank L. Higginbottom, Council on Annual Session; David L. Ward, Council on Dental Economics; Stephen R. Wright, Council on Membership; David R. Cox, Council on Peer Review; Ronald L. Lee, Council on Dental Education, Trade, & Ancillaries; and Roy N. Burk, Council on Ethics & Judicial Affairs.

From left: Drs Rita M. Cammarata of Houston, Michael J. Goulding of Fort Worth, Arthur C. Morchat of Kilgore, and T. Beth Vance of Weslaco each served on the TDA Board of Directors from 2010-2013.

50-year Members

Top row, from left: Drs Richard Joseph Saad, Frank L. Gusemano, Albert L. Delaney Jr, Carl Matthew Trepagnier, Warren G. Kolar, Alton Lavoy Flynn Jr, Burton Jerry Kunik, Jerry Allyn Marshall, and Carroll D. Shelton. Bottom row, from left: Drs Cecil Edward Alumbaugh Jr, Henry S. Hammer, Richard Gene Dyck, George A. Richards, Don Wilton Plunkett, Michael Wetzel, and Zoel Glen Allen.

Life Members

For more information regarding TDA Perks Program, please visit tdaperks.com, or call 512-443-3675 and ask for Perks.

Dental Board Adopts Rule Amendments The Texas State Board of Dental Examiners (TSBDE) recently published several rule changes in the May 24, 2013, issue of the Texas Register. The effective date for the amended rules is May 29, 2013.

Top row, from left: Drs Tommy Harold Dunn, Norman E. Hillegeist II, Ralph Flores III, William Ewing Hyden, Craig Alan Mabrito, Mickey J. Calverly, Gary Lionel Koehl, Stephen Mark Kralicke, Walter B. Satterfield, James P. Ferguson, and Richard B. Novick. Middle row, from left: Daniel R. McClain, Robert E. Sears, Richard L. Gore, Charles E. Dyer III, Stanley Kaj Coss, Patrick M. Ohlenforst, Durrell Padgitt Smith, Ronald L. Proctor, Jack Edwin Beeler, John J. Graves, and Gary Ray Pillers. Bottom row, from left: David Franklin Lovett, Michael L. Boland, Michael R. Ellis, Thomas L. Douthit, Duncan G. Foulds, Sheryl A. Beltrane, V. Wayne McEntire, Ronald L. Knight, Jack Monroe Neagle, and Philip J. Cullen.

happy healthy smiles... that’s our mission!

The TSBDE’s amendments to rules governing dental licensure and dental hygiene licensure revise inconsistent language throughout those sections of the the Texas Administrative Code.

TDA Smiles thanks the 2013 Healthy Smiles Golf Classic Title Sponsor, Straumann!

Without their support, the Golf Classic would not be possible!

Thank you, Straumann!

The TSBDE also amended the rule governing dental records to include an oral pathology examination as part of a dental record. This amendment does not require a dentist to perform an oral pathology examination on every patient; it simply requires the dentist to document results from the oral pathology examination if one is performed.

The amended rules may be found at 22 Texas Administrative Code (TAC) §§101.1 – 101.7, 101.9, 22 TAC §§ 103.1 – 103.8, and 22 TAC § 108.8.

JUNE 2013 • TDA Today • 2

Amarillo TMOM

On June 28-29, 2013, Amarillo will host its second Texas Mission of Mercy (TMOM) event. At Amarillo’s first TMOM, almost 100 dentists volunteered their time at the Amarillo TMOM to treat almost 1,200 patients, delivering more than $700,000 worth of charitable care. Dentists came from as close as Canyon and as far as Houston, to help relieve pain and restore patients to oral health.

Texarkana TMOM

On August 9-10, 2013, Texarkana will host its second TMOM event. This 20-chair, 2-day TMOM will be supported by CHRISTUS St. Michael, continuing a partnership that began in 2011. At the first Texarkana TMOM, 44 dentists from all over Texas volunteered to treat 532 patients, providing more than $438,000 worth of charitable care.

Abilene TMOM

On October 4-5, 2013, Abilene will host its first TMOM event. Please consider signing up for this exciting, 40-chair, 2-day event!

TMOM events depend on the generous involvement of Texas dentists. To sign up to volunteer for upcoming TMOM events, or to make a monetary contribution to support TDASF’s efforts, please visit tdasmiles.org.

Outgoing President’s Award Certificates of Merit

Incoming President’s Award

Dr David A. Duncan of Amarillo (right) assumes the presidency of the TDA at the Sunday House of Delegates. Turning the office over to him is outgoing president Dr Michael L. Stuart of Sunnyvale.

Host Society Chairs

Outgoing Past President’s Award

Dr J. Preston Coleman of San Antonio (right) served on the TDA Board of Directors as president-elect, president, and past president from 2010-2013.

Presenting the award is Dr David Woodburn.

Dr Michael L. Stuart of Sunnyvale (right) receives the Outgoing President’s Award from new TDA president Dr. David A. Duncan at the Sunday House of Delegates.

From left: Drs John B. Mason of Corpus Christi (15A/Nueces Valley District Dental Society) and Edward M. Wuensch of New Braunfels (24/River District Dental Society) are recognized for serving as host society chairs. They, along with the Guadalupe Valley (14), Rio Grande Valley (15B), and Laredo (23) District Dental Societies efficiently and graciously hosted TDA’s 143rd Annual Session.

President’s Awards

The San Antonio District Dental Society (SADDS) celebrates its 100th anniversary this year. Consisting of Atascosa, Bandera, Bexar, Edwards, Frio, Kendall, Kinney, Maverick, Medina, Real, Uvalde, Val Verde, Wilson, and Zavala Counties, SADDS has proven to be a valuable component to the TDA with its multiple Golden Apple Awards and annual contributions to the TEXAS Meeting. Dr Don W. Morgan, SADDS president (right), receives the award on behalf of the society from TDA President Dr Michael Stuart.

Dr Dennis Brender of Austin (left) receives a President’s Award from Dr Michael Stuart for his outstanding work on behalf of TDA. Ms Diane Rhodes of Austin (left, TDA Policy Manager) receives a President’s Award from Dr Michael Stuart for her outstanding work on behalf of TDA.

President’s S tatem e nt David A. Duncan, DDS, TDA President You have probably heard this quote from the movie The Hangover: “Do you mind if I take a look, I’m actually a doctor.”

“Yeah, you said that several times last night, but really, you’re just a dentist”.

Unfortunately that seems to be where dentists are finding themselves in the treatment of sleep disorders. In a proposed new rule from the State Board of Dental Examiners (SBDE), a sleep disorder is defined as a medical condition and that a dentist “shall not diagnose or independently treat a patient for obstructive respirations during sleep, defined as snoring, upper airway resistance syndrome and obstructive sleep apnea,” and “any dental treatment of a patient for a sleep disorder must be done in collaboration with a qualified, Texas licensed physician...”

Many Texas dentists are devoted to treating patients with such conditions. While many patients initially seek a dentist’s expertise for snoring, sleepless nights, and morning headaches (possibly due to bruxing), the proposed new rule would now require dentists to work with, and at, the direction of the patient’s chosen physician. You are not just a dentist, and the TDA is advocating for you as a doctor.

Ms Maria Perez, director of health services for the San Antonio North East Independent School District (NEISD) Health Service Department (left), accepts a Certificate of Merit on behalf of the department. The Health Service Department is recognized for its efforts to serve the dental health and welfare of the disadvantaged children in San Antonio’s NEISD. More than 10 years, NEISD has worked with the San Antonio District Dental Society to promote oral health care for the 65,000+ students in the district. Because of this partnership, all 47 campuses participate in ADA’s National Children’s Dental Health Month Campaign.

Presenting the award is Dr Greg Oelfke.

Certificates of Merit

Service Recognition Awards

Dr J. Preston Coleman of San Antonio (left) receives a President’s Award from Dr. Michael Stuart for his outstanding work on behalf of the TDA.

Mr Tony Martinez, director of dental services for Communities In Schools (CIS) of Houston (left), accepts a Certificate of Merit on behalf of the program. CIS is recognized for its efforts to serve the dental health and welfare of the disadvantaged children in the Houston area.

CIS, a campus-based dropout prevention program, works with the school system provide direct social services to at-risk students and connect them with available resources.

CIS community coordinates with both the Greater Houston Dental Society and the UT Houston School of Dentistry’s mobile dental van to help uninsured children receive no-cost dental care. Presenting the award is Dr Yvonne Maldonado.

Dr Michael Stuart of Sunnyvale (left) is recognized for his unparalleled leadership, service, and dedication to the TDA and dental profession while under adverse conditions. Over the past year, while undergoing treatment for cancer, Dr Stuart continued to serve his patients, attend every component society meeting in the state, chair of the TDA Executive Director Search Committee, and perform his duties as TDA President. Presenting the award (cufflink studs) is Dr Jean Bainbridge, awards chair.

Drs Jay Welch (left) and Debra Stewart (center), volunteers for the HOPE Clinic of Alvin, accept a Certificate of Merit on behalf of the Clinic. HOPE Clinic is recognized for its efforts to serve the dental health and welfare of the disadvantaged population in the Alvin and Greater Houston areas. Since opening in 2008, HOPE Clinic of Alvin has provided low or no-cost restorations, extractions, temporary partials, and cleanings more than 1,600 low-income, uninsured patients.

The clinic is staffed by volunteer dental professionals, including dentists and hygienists. The clinic is funded completely by these fees and donations from individuals, churches, businesses, and local service organizations.

Presenting the award is Dr Yvonne Maldonado.

Dr Caesar Collazo, a lead dentist for the St. David’s Foundation Dental Program, accepts a Certificate of Merit on behalf of the Program. St. David’s is recognized for efforts to serve the dental health and welfare of the disadvantaged population in the Austin area. St. David’s Foundation Dental Program offers preventive and restorative dental care to children in 6 school districts and families at safety net medical clinics. In 2012, St. David’s invested $5.6 million in direct service programs. St. David’s coordinates with the Capital Area Dental Foundation and the Health Alliance for Austin Musicians (HAAM) to provide dental care for low income musicians. Presenting the award is Dr David Woodburn.

Other Awards

Dr Claudia L. Cavazos of Laredo — Host Society Chair, Laredo (District 23).

ED

Dr Charles E. Rader of Victoria — Host Society Chair, Guadalupe Valley (District 14).

Dr James R. Foster of Weslaco — Host Society Chair, Rio Grande Valley (District 15B).

Mrs Diane Bogan of Houston — Alliance of the TDA Service Recognition Award, Alliance President 2012 – 2013.

itorial: Thoughts from Your ED

Aaron Washburn, TDA Executive Director

My first boss gave regular feedback to everyone: those who she managed, her superiors, and those outside the organization with whom she interacted. She would regularly write letters, send emails, or contact customer service to share her experience, note positives, or suggest improvements.

It is a habit I adopted as well, professionally and personally. This last week, rather than writing one of these customer service emails, I received one.

The doctor had been a long-time member and had contacted TDA for assistance, and the staff provided him the information he needed in a timely manner. In the doctor’s email to me, he noted how positive his experience was, and how much he appreciated his membership to TDA. Most of my emails to companies never receive a response. I don’t normally know whether the employee received the proper pat on the back, or had his or her performance problems noted.

Regardless of whether I receive any response, it is important that we provide feedback. Your experience determines your impression of a company, whether it’s TDA or another business. I hope all of our members feel positive every time they interact with TDA staff. If they don’t, then we need to know that, too. My email is aaron@tda.org.

TSBDE Rule Update

This recurring section is designed to help TDA members keep up with important Texas State Board of Dental Examiners (TSBDE) rules, other regulations, and state law affecting their practices.

In January the Texas State Board of Dental Examiners (TSBDE) adopted new Business Promotion (ie, advertising) rules. These rules will take effect September 1, 2013. This update is the fifth in a series of articles devoted to summarizing the new rules.

EDITORIAL STAFF Stephen R. Matteson, DDS, Editor Nicole Scott, Managing Editor Lauren Oakley, Publications Coordinator Barbara Donovan, Art Director Paul H. Schlesinger, Consultant

Advertising Requirements Solicitation, Referrals and Gift Schemes

Board of Directors David A. Duncan, DDS, DDS, President David H. McCarley, DDS , President-elect Michael L. Stuart, DDS, Immediate Past President Vice Presidents Jean E. Bainbridge, DDS, Northeast Gregory K. Oelfke, DDS, Southeast Yvonne E. Maldonado, DDS, Southwest David C. Woodburn, DDS, Northwest Senior Directors Jerry J. Hopson, DDS, Northeast William S. Nantz , DDS, Southeast Joshua A. Austin, DDS, Southwest Steven J. Hill, DDS, Northwest Directors William H. Gerlach, DDS, Northeast Karen A. Walters , DDS, Southeast John B. Mason, DDS, Southwest Charles W. Miller, DDS, Northwest

Dentists are prohibited from offering, dispensing, or distributing any item of value to a third party in exchange for securing or soliciting patients. However, dentists may offer a non-cash gift valued at no more than ten dollars directly to a potential patient to secure or solicit that patient. A dentist may also provide gifts of any value to current patients; however, those gifts may not be provided in gratitude for a patient referral.

Additionally, dentists may hire a company to advertise or market for the purpose of securing or soliciting patients provided that the payment for advertising or marketing services is set in advance, consistent with fair market value, and not based on the volume or value of any patient referrals. The “volume or value of any patient referrals” refers to the number of new patients who appoint and present in the dentist’s office for services. A “click” on an advertisement or the purchase of a voucher does not necessarily result in a new patient referral.

Discount voucher advertising (eg, Google Adwords and Groupon) is allowed and does not constitute prohibited feesplitting because the web service neither solicits the patient nor guarantees the purchaser will become a patient.

Moreover, the TSBDE considers such advertising permissible because the web service is not a professional colleague of the advertising dentist, nor is it providing patient referrals.

Ron Collins, DDS, Secretary-Treasurer John W. Baucum III DDS, Speaker of the House Michael D. Vaclav, DDS, Parliamentarian Stephen R. Matteson, DDS, Editor Aaron Washburn, Executive Director William H. Bingham, Legal Counsel

Record Keeping of Advertisements

Dentists are required to keep a pre-recorded copy of all broadcast advertisements, a copy of print advertisements and a copy of electronic advertisements for four years following the final communication of the advertisement.

In the event of a false or misleading advertisement, the dentist is required to document the date on which the he/she discovered the false or misleading advertisement as well as the date and substance of all corrective measures taken to rectify the false or misleading advertisement. The dentist must keep this documentation for 4 years following the final communication of the advertisement which the dentist discovered was inaccurate.

The information in this TSBDE Update came from 22 Texas Administrative Code §§108.58 and 108.60. For more information, please contact TDA Policy Manager Diane Rhodes at 512-443-3675, diane@tda.org.

JUNE 2013

VOLUME 14, ISSUE 6

AVAILABLE ON TDA.ORG

TDA Today (USPS 022-007) is published monthly except for December by the Texas Dental Association, 1946 S IH-35 Ste 400, Austin, Texas 78704-3698, 512-443-3675. Periodicals Postage Paid at Austin, Texas and at additional mailing offices. POSTMASTER: Send address changes to TDA TODAY, 1946 S IH-35 Ste 400, Austin, TX 78704-3698.

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Contributions: Manuscripts and news items of interest to the membership of the Association are solicited. Manuscripts should be typewritten, double spaced, and the original copy should be submitted.

Please refer to Instructions for Contributors in the annual September Directory of the Texas Dental Journal for more information. The Information for Contributors is available at tda.org. All statements of opinion and of supposed facts are published on authority of the writer under whose name they appear and are not to be regarded as the views of the Texas Dental Association, unless such statements have been adopted by the Association. Articles are accepted with the understanding that they have not been published previously. Authors must disclose any financial or other interests they may have in products or services described in their articles.

Advertisements: Publication of advertisements in this publication does not constitute a guarantee or endorsement by the Association of the quality of value of such product or of the claims made of it by its manufacturer.

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