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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 3201

House Author:  Kolkhorst

Effective:  See below

Senate Sponsor:  Nelson


            House Bill 3201 amends the Occupations Code to require the State Board of Dental Examiners to collect an additional $55 surcharge for dental license issuance and renewal fees with each surcharge collected to be deposited to the credit of the dental public assurance account in the general revenue fund and appropriated only to the board to pay for the board's enforcement program. The bill requires the board to collect and report on its use of certain information in conjunction with the issuance and renewal of each dental license regarding dentists employed by a license holder, a license holder's practice and status as a provider under the Medicaid or child health plan program, whether a license holder is employed by, contracts with, or owns all or part of a dental service organization, and whether a license holder or a license holder's practice is party to a dental service agreement. The bill requires a dental service organization to provide certain information to the board on request and provides for electronic submission of information required to be submitted to the board.

            House Bill 3201 requires the board to inform a license holder being investigated by the board of the specific allegations against the license holder, prohibits a board member from expressing an oral or written opinion or serving as an expert witness in certain civil actions, and establishes preliminary complaint investigation procedures to determine whether to officially proceed on a complaint. The bill requires the board by rule to provide for expert panels appointed by the board to assist with complaints and investigations relating to professional competency by acting as expert dentist and dental hygienist reviewers.  The bill establishes procedures for the review of a complaint by an expert panel and requirements for issuing a final written report on the matter. The bill authorizes the board to delegate the disposition of certain complaints and establishes notification, rebuttal, and recording requirements for an informal settlement conference to resolve a complaint.

House Bill 3201 authorizes the parent or guardian of a child younger than 18 years of age to be present in the treatment room during the child's treatment or procedure, except under certain circumstances. The bill authorizes the board to issue and establish the terms of a remedial plan to resolve the investigation of a complaint and establishes requirements regarding the contents of a plan, the circumstances under which a plan may not be imposed or issued, and the assessment of fees against a license holder participating in a plan. The bill takes effect January 1, 2014, except for provisions requiring the board to adopt rules necessary to implement changes made by the bill, information to be collected by the board in conjunction with license issuance and renewal, and additional surcharges to be collected for license issuance and renewal, which take effect September 1, 2013.