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New State and Federal Regulations in Effect July 18, 2016

Below is a summary of NJ State Board of Dentistry regulations that went into effect on July 18, 2016.  Additionally, the United States Office ​for Civil Rights has released a new non-discrimination posting requirement.  Read the summary below for links to sample wording for these notices, as well as links to ​Frequently Asked Questions.​ 

If you have any other questions or concerns, please feel free to contact NJDA at 732-821-9400 for either Arthur Meisel, Esq., Executive Director, or Joan Monaco, Director of Dental Benefits Programs.

State Board Requires Written Emergency Protocol

Effective July 18, 2016, the New Jersey State Board of Dentistry adopted a regulation that requires each dental office, facility, dental clinic or institution at which there is patient contact to: “1. Have a written protocol for managing medical or dental emergencies; 2. Have equipment to maintain adult and pediatric airways; 3. Have an ambu bag (bag-valve-mask resuscitator); and 4. Ensure that all staff are trained upon hire, and at least annually thereafter, to implement the emergency protocol.”  Click here. Emergency protocol regulations begin on page 93. 

State Board Adopts Regulation Governing General Supervision of Dental Hygienists

In the same notice that imposed “emergency protocols,” the State Board adopted a regulation (1) expanding and clarifying the procedures that can be performed by dental hygienists under direct supervision and (2) governing the scope of practice of licensed dental hygienists under general supervision. It also lists the procedures that can be performed under general supervision.  To obtain a complete copy of the regulation, Click Here.  General supervision regulations begin on page 16.

HHS Requires Covered Entities to Post Notice of Consumer Civil Rights

In a regulation which became effective July 18, 2016, the United States Department of Health and Human Services (“HHS”) required all “covered entities,” including doctors who accept Medicaid, to post a notice of consumer civil rights. 

Also, it requires covered entities with 15 or more employees to adopt a civil rights grievance procedure and to designate an employee to coordinate its compliance efforts. 

Further, covered entities must post information telling consumers with disabilities and consumers with limited English proficiency about the right to receive communication assistance, and to post taglines in at least the top 15 non-English languages spoken in the State in which the entity is located or does business, advising consumers of the availability of free language assistance services.  The regulation applies to every health program or activity that receives HHS funding, every health program or activity administered by HHS and every health program or activity administered by an entity created by Title 1 of the Affordable Care Act. 

For a sample notice of civil rights prepared by the United State Office ​for Civil Rights (“OCR”) that covered entities can use informing individuals about nondiscrimination and accessibility requirements, and a sample nondiscrimination statements, Click Here.  For a sample Grievance Procedure prepared by OCR, Click Here.  For a sample notice regarding communication assistance and taglines prepared by OCR, Click Here.  For a list of sample Notices of Discrimination, Statements of Nondiscrimination and taglines in approximately 70 languages published by HHS, Click Here. For a list of Frequently Asked Questions published by HHS, Click Here.

Two Federal Poster Revisions Effective August 1

The US Department of Labor has announced 2 revisions to their posters.  Please be sure that you post these versions of the posters: Employee polygraph notice 8-1-2016 and the Fair Labor Standards Act Aug. 1, 2016. The new posters are mandatory as of August 1, 2016.

The EPPA notice has very minor revisions, but the new FLSA poster has substantive changes.  It advises that nursing mothers must be provided reasonable break time to express breast milk and a  private place to do so, other than a bathroom.  The  new poster also includes additional information about FLSA enforcement, and  the misclassification of employees as independent contractors.