Legislative Action
Learn about the status of legislation introduced on Beacon Hill that would impact you, your dental practice, and the oral health of the residents of the Commonwealth. Question? Contact advocacy@massdental.org.
Legislative Wins
PLEASE NOTE: Although the passage of these laws is a “win” for dentists and patients in Massachusetts, the work is not over. The bills instructed the State what to do; however, the State still needs to promulgate the rules and regulations that will put the new laws into use. A law does not take effect until this sometimes lengthy process has been completed. In the meantime, we ask that people refrain from contacting the Board of Registration in Dentistry (BORID) regarding these pending laws, as they cannot provide any assistance until the final regulations are in place. The MDS will closely monitor the process and provide input to the State when appropriate. We will keep members informed as the process progresses.
Dental Hygienist Reciprocal Licensure—SIGNED INTO LAW JANUARY 2025
An Act relative to dental hygienist reciprocal licensure | H.4842 (formerly H.3880)
This bill was signed by the Governor of Massachusetts in on January 10, 2025. In response to the growing shortage of hygienists, Representative Tackey Chan and MDS President Dr. Abe Abdul, worked hand in hand to craft legislation that expands the oral health workforce. This law provides a responsible and safe pathway for foreign-trained dentists to practice dental hygiene in Massachusetts. It’s a solution that protects access to care, ensures practices are adequately staffed, and extends opportunity to immigrant communities who are integral to the fabric of our state.
Dentist Diversion Program—SIGNED INTO LAW DECEMBER 2024
An Act establishing a dentist diversion program | H.300
Governor Maura Healey has signed into law H.5143, An Act Relative to Treatments and Coverage for Substance Use Disorder and Recovery Coach Licensure (which included language from bill H.300). This landmark legislation includes provisions to establish a dental diversion program within the Bureau of Health Professionals Licensure (BHPL), which oversees both the Massachusetts Board of Registration in Dentistry (BORID) and the Unified Recovery and Monitoring Program (URAMP) a key initiative first introduced through House Bill 300.
Bills Filed 2023 to 2025
An Act Relative to Dental Insurance Assignment of Benefits | H.1124
The Massachusetts Dental Society believes that all Massachusetts residents should have access to quality oral health care, and should be able to choose the dental provider that’s best for them. To preserve patient choice, An Act relative to dental insurance assignment of benefits would require all insurance carriers to permit a covered person to direct in writing that reimbursable benefits for covered services be paid directly to the treating dentist of their choice.
Preventing Cost Shifting Within the Delivery of Dental Care
An Act relative to financial services contracts for dental benefits corporations | H.1122
Status: Sent to study order**
This legislation, An Act relative to financial services contracts for dental benefits corporations, would prohibit carriers from contractually setting fees for services for which the carriers do not provide payment, except for services for which the carrier would have provided payment had the patient not reached a contractual limitation (i.e., frequency limitations, annual maximums, etc.).
Patients First Act
An Act further clarifying the delivery of health care | H.1123
Status: Sent to study order**
On January 1, 2022, Governor Baker signed the Patients First Act into law. This act requires health care providers, including dental providers, to tell patients how much they will pay for planned procedures in advance of the treatment– based on the patient’s specific dental insurance plan benefits. The Department of Public Health may fine providers who fail to comply with the requirements with a penalty of up to $2,500 for each non-compliance.
In July 2022, Massachusetts passed an amendment to the law to delay enforcement of the act until January 1, 2025. In February 2023, An Act to Further Clarify the Delivery of Health Care, was introduced to amend the law to exclude "any provider licensed to practice dentistry." The MDS will continue to work the legislators to clarify this issue.
BILLS SUPPORTED BY THE MASSACHUSETTS DENTAL SOCIETY
Dental Hygienist Reciprocal Licensure
An Act relative to dental hygienist reciprocal licensure | H.4842 (formerly H.3880)
STATUS: This law is waiting to be signed by the Governor of Massachusetts.
This legislation, An Act relative to dental hygienist reciprocal licensure, would establish a process allowing for DENTISTS licensed and practicing in another jurisdiction (including a foreign country) for at least 5 years to be licensed to practice as a dental hygienist in the Commonwealth without additional examination.
Last month Massachusetts Dental Society (MDS) President Dr. Abe Abdul, DMD, and Ms. Amanda Berthiaume, RDH, CDA, MsDH, president of the Massachusetts Dental Hygienists’ Association (MDHA), met to discuss the current shortage of dental hygienists in the State and common goals that both associations share. The meeting focused on the MDS Bill 3880, which aims to increase the number of dental hygienists in Massachusetts by streamlining the process for foreign-trained dentists to obtain a dental hygienist license in the State. Following that meeting an amended version of the H3880 was submitted to the House Committee on Ways and Means. The amended language clarifies some ambiguity regarding testing. We are proud to share that the latest version of the bill is being presented with the full support of both the MDS and the MDHA. This bill now includes language requiring foreign-trained dentists to pass a board examination before obtaining a dental hygiene license in the Commonwealth.
Dentist Diversion Program
An Act establishing a dentist diversion program | H.300
STATUS: Signed into law in December 2024 as part of House Bill H.5143, An Act Relative to Treatments and Coverage for Substance Abuse Disorder and Recovery Coach Licensure.
The Act establishing a dentist diversion program legislation had new sections added. Sections 52H and 52I to GL Chapter 112, regulating the registration of dentists and dental hygienists, by establishing a dentist diversion program; directs the Board of Registration of Dentistry (BORID) to develop and regulate the implementation of remediation programs for licensed dental professionals at risk of losing their licenses due to illness, substance use or other mental health disorders. This legislation allows use of such programs as alternatives to traditional disciplinary actions.
On June 13, 2024, the Massachusetts House of Representatives passed H.4758, sweeping legislation to address the opioid crisis in the Commonwealth which seeks to take on the issue from several directions including treatment and diversion. This bill contains language to create a Dentist Diversion program, an issue we have been advocating for through our own HB 300.
BILLS OPPOSED BY THE MASSACHUSETTS DENTAL SOCIETY
Ban on Public Water Fluoridation—MDS Opposes
An Act instituting a ban on fluoride supplementation of public water supplies | S.460
Status: Sent to study order**
The Massachusetts Dental Society opposes this legislation, An Act instituting a ban on fluoride supplementation of public water supplies.
**When a bill receives a "study order," it means the bill is unlikely to move forward during the remainder of the legislative session, and the issue will need to be readdressed by filing a bill in the next legislative session.
New DLR Regulation
Dental Loss Ratio (DLR), sometimes referred to as Medical Loss Ratio (MLR), ensures that dental plans are more transparent and accountable to the patients they serve. This regulation requires dental insurance companies to spend at least 83% of patient premium dollars on patient care. After winning a landslide victory at the ballot box in November 2022, the legislation was passed into law on April 12, 2024, and dental insurers will begin reporting their data to the Massachusetts Department of Insurance (DOI) in 2025.
Patients First Bill Update 12.04.14—DELAYED
On Wednesday, December 4, 2024, Massachusetts Governor Maura Healey signed House Bill 5077, which, thanks in part to the advocacy of the Massachusetts Dental Society (MDS) and our colleagues at the Massachusetts Medical Society (MMS), included provisions that will delay the enactment of the Patients First Act until 2027!
This delay will provide the MDS with additional time to advocate on behalf of its members in opposition to the law's inclusion of dental care providers. This effort will entail a two-pronged approach:- The MDS will file legislation again in 2025 aimed at excluding dental care from the provisions of the Patients First Act if/when it is enacted and enforced in 2027.
- The MDS Government Affairs staff will continue to work with the Massachusetts Department of Public Health to understand the Patients First Act better and convey members' questions and concerns regarding compliance with the law should it be enacted.