BILL NUMBER: S6759
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the education law, in relation to authorizing the appli-
cation of topical fluoride varnish to a child's teeth by a parent or
legal guardian
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to improve children's dental health outcomes
by allowing a child's parent or legal guardian to apply fluoride varnish
to teeth when there is a prescription and under protocols of an author-
ized provider.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 6610 of the education law to allow for the
application of topical fluoride varnish to a child's teeth by a parent
or legal guardian under the direction and supervision of a licensed
practitioner authorized to apply such varnish.
Section 2 provides for an effective date.
 
JUSTIFICATION:
Applying fluoride varnish to the teeth of young children is proven to
reduce dental disease, but too few children in New York are receiving
treatments. Fluoride varnish application is a standard of care for
pediatric offices and for New York Medicaid.
Allowing additional persons to perform this service would bring New York
in line with other states and create more access points at which chil-
dren and adolescents enrolled in Medicaid can receive this preventive
service.
Dental disease in children has been called a "hidden epidemic." Hidden
because dental disease is not always apparent until the pain becomes
unendurable or until it creates an inability to eat, sleep, or concen-
trate in school. It is also hidden by poverty. Most children won't expe-
rience severe dental disease. Instead, the effects are felt primarily by
low-income children because it relates to many of the same social and
economic factors that drive other health disparities.
In 2021, more than 14% of children in New York reported one or more oral
health problems. In 2021, more than 14% of children in New York reported
one or more oral health problems. In 2020, only one in every three New
York children enrolled in Medicaid (32.8%) received a preventive dental
visit (national median 41.5%) which includes fluoride varnish applica-
tion. Persistent oral health disparities remain, with children who are
Black and Hispanic/Latino and children experiencing poverty most
affected by poor-dental health.
Fluoride varnish is a topical solution used to prevent tooth decay.
Like fluoridated toothpaste, fluoride varnish is used on the surface of
teeth and helps prevent cavities by making the tooth hard and helps
prevent cavities when they are just starting or barely visible. Fluor-
ide varnish is painted onto the front and back, top and bottom of the
teeth with a tiny brush where it hardens. as soon as it is touched by
saliva in the mouth. It takes less than two minutes to apply and
requires no special equipment or extensive training to master the tech-
nique.
There is high-quality evidence that fluoride varnish is effective in
preventing tooth decay in children at moderate to high risk for decay.
Studies show that children who receive fluoride varnish every three
months have fewer cavities than those who get it less often or not at
all. Fluoride varnish should be started early, even in infancy, when the
first tooth erupts, because it is most effective when applied before
tooth decay develops. New York Medicaid reimburses for up to four appli-
cations per child per year: dental providers can bill from birth up to
age 21 and medical providers from birth to age 6.
Allowing parents to apply the varnish under the direction and super-
vision of a licensed practitioner would provide families with much need-
ed flexibility, as it reduces common barriers such as travel and time
off from school or work.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S6759: 6610 education law