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WHEREAS, the Health Department, in the exercise of its lawful duties has determined that Public Health Dental Hygiene services are essential to the operation of the Health Department in fulfilling its legal responsibilities; and

WHEREAS, the Employee, is available, willing, and qualified to perform these services.

NOW, THEREFORE, the Employee agrees to perform the following described services, which are

Hereinafter described in detail as follows:    

The Revised Dental Act of 2010 established the category of “Public Health Registered Dental Hygienist” to address access-to-care issues of Kentucky’s dentally underserved. Expectations and limitations of the public health hygienist are clearly defined in KRS 313.040 and 201 KAR 8:562, Section 15. A Public Health Registered Dental Hygienist provides primary preventive care to populations identified by the local health department.  This contract supports the relationship between a Registered Dental Hygienist that will act in the role of a “Public Health Registered Dental Hygienist” and perform the duties expected of this position as described in the Scope of Work.  The health department has the responsibility of assessing the efficiency and efficacy of this program and may make changes mid-contract with appropriate notification to the contract employee. 

PROVIDER CREDENTIALS:  Contracted Employee will obtain and maintain licensure as a Registered Dental Hygienist AND certification as a “Public Health Registered Dental Hygienist” throughout the terms of the contract.  Specific standards of licensure can be found in KRS 313 and 201 KAR 8:562.  It is not essential that this RDH have the certification before the contract begins, but must provide evidence of such before any preventive dental service can be provided. 

SCOPE OF WORK:  The position will provide primary preventive dental services to the populations identified by the contracting local health department.  The services provided will be limited to those set forth by KRS 313.040 (et al), 210 KAR 8:562, Section 15 and protocols that are supported by the Kentucky Department for Public Health and adopted by the Governing Board of Health of the contracting local health department. 

Additional responsibilities are at the discretion of the local health department and are as assigned.

The Dental Hygienist will be expected to work 37.5 hours per week at a starting rate of $32.25 per hour adjusted based on experience. The Dental Hygienist will be provided benefits including health and life insurance, sick leave and annual leave in accordance with 902 KAR 8:120 for the pay periods worked, enrollment in the Kentucky Employee Retirement System for the pay periods worked. The Dental Hygienist will be eligible for holiday pay when it is a LHD holiday. The Dental Hygienist will be reimbursed for travel use in accordance with local health department’s policies and procedures.

The Employee agrees to abide by the rules and regulations regarding the confidentiality of personal medical records as mandated by the Health Insurance Portability and Accountability Act (42 USC 1320d) and set forth in federal regulations at 45 CFR Parts 160 and 164. 

The Employee agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all implementing regulations and executive orders.  No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in relation to activities carried out under this contract on the basis of race, color, age, religion, sex, disability or national origin.  This includes the provision of language assistance services to individuals of limited English proficiency seeking and/or eligible for services under this contract.

Section 601 of Title VI of the Civil Rights Act of 1964, (42 U.S.C. 2000d), provides that no person shall "on the ground of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

In 1974 the Supreme Court (Lau v. Nichols, 414 U.S. 563) interpreted regulations promulgated by the former Department of Health, Education and Welfare (HHH's predecessor), 45 CFR 80.3 (b) (2), to hold that Title VI prohibits conduct that has a disproportionate effect on Limited English Proficient (LEP) persons because such conduct constitutes national-origin discrimination.  On August 11, 2000, Executive Order 13166 was issued, "Improving Access to Services for Persons with Limited English Proficiency (LEP)."

All referred statutes, regulations, and policies are adopted and incorporated by reference as part of this contract.  The parties to this contract acknowledge inclusion of those statutes, regulations, and policies and each party is responsible to review, be aware of, and comply with the referred statutes, regulations, and policies.

For the services described in this contract, the Health Department agrees to pay the Employee in the following manner: Bi-weekly

The Parties to this contract agree to comply with , Section 504 of the Rehabilitation Act of 1973, (P.L. 93-112) and the Kentucky Equal Employment Act of 1978 (H.B. 683) KRS 45.550 to 45.640, and Americans with Disabilities Act, (ADA), (P.L. 101-336).                                                                                  

The Health Department will withhold FICA (Social Security), and applicable federal, state and local taxes.                                                           

An Equal Opportunity Employer M/F/D