Tribal Oral Health Sovereignty Act
- Sponsor
- Rep. Bergman, Jack [R-MI-1]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Oct 6, 2026
Bottom line
The bill expands the authority of tribally certified dental therapists to practice in Indian health programs, overriding state licensure laws, to improve oral healthcare access in tribal communities.
What it actually does
This bill amends the Indian Health Care Improvement Act to explicitly allow dental therapists certified by the Community Health Aide Certification Board or a recognized Indian tribe to provide dental therapist services within Indian health programs. Crucially, it states that these services can be provided notwithstanding any conflicting state law regarding licensure, certification, or scope of practice. It also removes previous statutory language that could have restricted funding or the scope of dental therapist services under the Community Health Aide Program.
Proponents argue
Proponents argue that this legislation is a vital step towards enhancing tribal sovereignty over healthcare delivery and directly addresses severe oral health disparities prevalent in Indian Country. They contend that dental therapists are a proven, cost-effective solution to expand access to preventative and basic restorative care in underserved areas, and that tribal certification standards ensure high-quality, culturally competent care.
Opponents contend
Opponents, typically state dental associations, may argue that allowing dental therapists to practice outside state licensure frameworks could compromise patient safety and quality of care by creating inconsistent standards. They often advocate for uniform state-level regulation for all dental practitioners and express concerns about the scope of practice for non-dentist providers.
The bill is very short and clearly written, making its core provisions and implications readily understandable to any informed reader in a short amount of time.
Section 2, paragraphs (1) and (2)
Removal of Funding Reduction and Scope Restrictions for Community Health Aide Program
This section amends the Indian Health Care Improvement Act by striking previous language. Specifically, it removes a provision that might have allowed for a reduction in funding for the Community Health Aide Program when establishing a national program. It also eliminates a paragraph that likely contained specific restrictions on the provision of dental therapist services, thereby broadening the potential scope of the program.
Supporters argue
Supporters argue that these amendments are crucial for ensuring the Community Health Aide Program can operate effectively and expand its services, including dental therapy, without arbitrary funding cuts or undue federal restrictions. This allows the program to better meet the healthcare needs of tribal communities.
Critics contend
No specific opposition is typically raised against ensuring stable funding for existing health programs. However, if the removed paragraph (3) contained specific patient safety or quality of care provisions, critics might argue that their removal could weaken oversight, though the bill introduces new certification standards.
Tradeoffs
This provision balances the need for program flexibility and stability against potential concerns regarding the removal of previously established restrictions, the exact nature of which is not detailed in the bill text.
Section 2, paragraph (4)
Authorization of Dental Therapist Services Notwithstanding State Law
This provision explicitly authorizes individuals certified as dental therapists by the Community Health Aide Certification Board or by a recognized Indian tribe to provide dental therapist services within Indian health programs. Critically, it states that this authorization applies 'notwithstanding any provision of State law' related to the licensure, certification, registration, or scope of practice of dental practitioners. Services must still comply with the standards of the certifying body and existing requirements of subsection (b)(7) of the Indian Health Care Improvement Act.