AMENDED IN SENIOR SENATE OCTOBER 16, 2007
SENIOR SENATE PROPOSAL NO. 16
INTRODUCED BY SENIOR SENATOR WRIGHT
(COAUTHOR: SENIOR ASSEMBLY MEMBER GERBRACHT)
LEGISLATIVE COUNSEL'S DIGEST
SP 16: ORAL HYGIENE.
UNDER EXISTING LAW, WHEN AN INDIVIDUAL ENTERS A NURSING HOME, HIS OR HER HEALTH, INCLUDING HIS OR HER ORAL AND DENTAL STATUS, IS ASSESSED USING A FORM FOR NURSING HOME RESIDENT ASSESSMENT AND CARE SCREENING KNOWN AS THE MINIMUM DATA SET (MDS). THIS INFORMATION IS MADE AVAILABLE TO SURVEYORS OR EVALUATORS OF THE STATE DEPARTMENT OF PUBLIC HEALTH, AS NECESSARY, FOR PURPOSES OF LICENSING AND CERTIFICATION OF THE HEALTH FACILITIES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE LICENSING AND CERTIFICATION SURVEYORS OR EVALUATORS TO ASCERTAIN THAT THE ORAL HEALTH COMPONENT OF THE MDS HAS BEEN PROPERLY COMPLETED AND THAT THE APPROPRIATE REFERRALS TO DENTAL HEALTH PROFESSIONALS ARE MADE AND IF THE REFERRALS ARE NOT MADE, TO REPORT THAT FAILURE AS ELDER ABUSE; TO CHECK ON THE ORAL HEALTH STATUS OF NURSING HOME RESIDENTS ANNUALLY; AND TO CONSIDER AN ORAL EXAMINATION TO BE AS IMPORTANT AS THE REST OF THE PHYSICAL EXAMINATION.
VOTE: MAJORITY.
SP 16: RELATING TO ORAL HYGIENE IN NURSING HOMES
WHEREAS, NINETY PERCENT OF ALL ORAL CANCERS OCCUR IN INDIVIDUALS 45 YEARS OF AGE AND OLDER, THE AVERAGE BEING IN THEIR 60S, AND AN ACCURATE DENTAL EXAMINATION MAY DETECT THE PROBLEM SO THAT TREATMENT MAY BE STARTED THAT MAY PREVENT PREMATURE DEATH; AND
WHEREAS, FRAIL AND ELDERLY SENIORS ARE THE MOST VULNERABLE TO PHYSICALY DEBILITATING DENTAL PROBLEMS THAT MAY BE SOCIALLY DISTRESSING AND CAUSE DEPRESSION AND ISOLATION; AND
WHEREAS, INFECTIONS DUE TO DECAYED TEETH ALSO MAY CAUSE CARDIOVASCULAR PROBLEMS; AND
WHEREAS, TOOTH LOSS IS NOT AN INEVITABLE PROCESS OF AGING, BUT RATHER, MAY BE THE RESULT OF ECONOMIC FACTORS SUCH AS THE LOSS OF DENTAL INSURANCE AT THE AGE OF 65 YEARS OR DELAYED OR ELIMINATED PREVENTIVE REGIMENTS OF EXAMINATION AND CLEANING, OR AN INDIVIDUAL’S SYSTEMIC PROBLEMS, CERTAIN MEDICATIONS, NUTRITIONAL DEFICIENCIES, OR DEHYDRATION; AND
WHEREAS, AN ORAL DISORDER MAY UNDERMINE SELF-IMAGE AND SELF-ESTEEM, DISCOURAGING NORMAL INTERACTION AND RELATIONSHIPS AND CAUSING EMOTIONAL AND PHYSICAL PAIN; AND
WHEREAS, ELDER ABUSE AND NEGLECT IS A SERIOUS AND GROWING PROBLEM; AND
WHEREAS, A NURSING FACILITY IS DIRECTLY RESPONSIBLE FOR THE DENTAL CARE NEEDS OF ITS RESIDENTS AND, THEREFORE, IS ACCOUNTABLE FOR ENSURING RESIDENTS RECEIVE NECESSARY DENTAL CARE; AND
WHEREAS, AT THE TIME AN INDIVIDUAL ENTERS A NURSING HOME, HIS OR HER HEALTH IS ASSESSED USING KNOWN AS A NURSING HOME RESIDENT ASSESSMENT AND CARE SCREENING AND TRACKING FORM KNOWN AS, AND THE MDS INFORMATION IS MADE AVAILABLE TO THE SURVEYORS OR EVALUATORS OF THE STATE DEPARTMENT OF PUBLIC HEALTH, AS NECESSARY, FOR PURPOSES OF LICENSING AND CERTIFICATION OF THE HEALTH FACILITIES; AND
WHEREAS, THE NUMBER OF SURVEYORS OR EVALUATORS OF THE STATE DEPARTMENT OF PUBLIC HEALTH WAS INCREASED DURING THE 2006-07 FISCAL YEAR; NOW, THEREFORE, BE IT
WHEREAS, THE OMNIBUS BILL RECONCILIATION ACT (42 C.F.R. 48310 ET SEQ.) REQUIRES THAT NURSING FACILITIES MAINTAIN RESIDENTS AT THE HIGHEST PRACTICABLE MENTAL, PHYSICAL, AND PSYCHOSOCIAL STATUS.
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2007 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LICENSING AND CERTIFICATION SURVEYORS OR EVALUATORS OF THE STATE DEPARTMENT OF PUBLIC HEALTH ASCERTAIN THAT THE ORAL HEALTH COMPONENT OF THE MDS FORM HAS BEEN PROPERLY COMPLETED AND THAT A REFERRAL TO A REGISTERED DENTAL HYGIENIST OR DENTIST HAS BEEN MADE WHEN APPROPRIATE, AND IF A PROPER REFERRAL HAS NOT BEEN MADE, REPORT THE FAILURE AS AN INCIDENT OF ELDER ABUSE UNDER SECTION 15610 OF THE WELFARE AND INSTITUTIONS CODE; AND BE IT FURTHER
RESOLVED, THAT THE SURVEYORS EVALUATORS ANNUALLY CHECK THE STATUS OF THE ORAL HEALTH OF NURSING HOME RESIDENTS; AND BE IT FURTHER
RESOLVED, THAT THE SURVEYORS EVALUATORS CONSIDER AN ORAL EXAMINATION TO BE AS IMPORTANT AS THE REST OF THE PHYSICAL EXAMINATION BECAUSE OF THE POSSIBILITIES OF SERIOUS CONSEQUENCES THAT MAY RESULT FROM NEGLECTING ORAL HEALTH AND BECAUSE THE FAILURE OF A NURSING HOME TO ASSIST ITS RESIDENTS WITH PERSONAL HYGIENE, TO PROVIDE MEDICAL CARE TO ITS RESIDENTS, AND TO PROTECT ITS RESIDENTS FROM HEALTH AND SAFETY HAZARDS MAY CONSTITUTE ELDER ABUSE; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO
THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
GOVERNOR OF THE STATE OF CALIFORNIA.
RN20072378913
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