By Counts, Berlanga H.B. No. 1685
Substitute the following for H.B. No. 1685:
By Berlanga C.S.H.B. No. 1685
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and operation of the State Board of
1-3 Dental Examiners and to the regulation of the practice of dentistry
1-4 and dental hygiene; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 4543a, Revised Statutes, is amended by
1-7 amending Sections 1, 3, and 4 and adding Section 5 to read as
1-8 follows:
1-9 Sec. 1. (a)(1) The State Board of Dental Examiners, also
1-10 known as the Texas State Board of Dental Examiners, shall consist
1-11 of 15 members. Nine <Ten> members must be reputable, practicing
1-12 dentists who have resided in the State of Texas and have been
1-13 actively engaged in the practice of dentistry for five years <next>
1-14 preceding their appointment, none of whom shall be members of the
1-15 faculty of any dental or dental hygiene school or college or of the
1-16 dental or dental hygiene department of any medical school or
1-17 college or shall have a financial interest in any such school or
1-18 college. Two members must be reputable, practicing dental
1-19 hygienists who have resided in the State of Texas and have been
1-20 actively engaged in the practice of dental hygiene for five years
1-21 <next> preceding the appointment, who are not licensed to practice
1-22 dentistry in this state, and who shall not be a member of the
1-23 faculty of any dental or dental hygiene school or college or of the
1-24 dental or dental hygiene department of any medical school or
2-1 college or shall have a financial interest in any such school or
2-2 college. One member must be a certified dental technician who
2-3 holds a dental technician certificate under Article 4551f of this
2-4 article. Three members must be members of the general public. A
2-5 person is not eligible for appointment as a member if the person:
2-6 (A) has ever had his license to practice
2-7 dentistry or dental hygiene revoked by the Board, provided that the
2-8 revocation has not been subsequently overturned by final order of a
2-9 court of law, based upon acts which, in the opinion of the Board,
2-10 violated any provision of the statutes of the State of Texas
2-11 relating to the practice of dentistry, dental hygiene, or any
2-12 provision of this chapter; or
2-13 (B) is an adverse party in civil litigation
2-14 against the Board.
2-15 (2) A person is not eligible for appointment as a
2-16 public member if the person or the person's spouse:
2-17 (A) is registered, certified, or licensed by an
2-18 occupational regulatory agency in the field of health care;
2-19 (B) is employed by or participates in the
2-20 management of a business entity or other organization that is
2-21 regulated by the Board or receives funds from the Board <provides
2-22 health-care services or that sells, manufactures, or distributes
2-23 health-care supplies or equipment>;
2-24 (C) owns, controls, or has, directly or
2-25 indirectly, more than a 10 percent interest in a business entity or
2-26 other organization that is regulated by the Board or receives funds
2-27 from the Board; <provides health-care services or that sells,
3-1 manufactures, or distributes health-care supplies or equipment>; or
3-2 (D) uses or receives a substantial amount of
3-3 tangible goods, services, or funds from the Board, other than
3-4 compensation or reimbursement authorized by law for Board
3-5 membership, attendance, or expenses; or
3-6 (E) is employed by an individual serving as a
3-7 member of the Board.
3-8 (b) Appointments to the Board shall be made without regard
3-9 to the race, color, disability <creed>, sex, religion, age, or
3-10 national origin of the appointees. In making appointments under
3-11 this section, the Governor shall attempt to appoint members of
3-12 different minority groups including females, African-Americans,
3-13 Hispanic-Americans, Native Americans, and Asian-Americans.
3-14 (c) All members of the Board shall have full and identical
3-15 privileges, except that only dentist members may participate in
3-16 passing or failing applicants for a license to practice dentistry
3-17 during the clinical portion of the Board examinations for dentists.
3-18 Sec. 3. (a) An officer, employee, or paid consultant of a
3-19 Texas trade association in the field of health care may not be a
3-20 member or employee of the Board who is exempt from the state's
3-21 position classification plan or is compensated at or above the
3-22 amount prescribed by the General Appropriations Act for step 1,
3-23 salary group 17, of the position classification salary schedule.
3-24 (b) A person who is the spouse of an officer, manager, or
3-25 paid consultant of a Texas trade association in the field of health
3-26 care may not be a Board member and may not be a Board employee who
3-27 is exempt from the state's position classification plan or is
4-1 compensated at or above the amount prescribed by the General
4-2 Appropriations Act for step 1, salary group 17, of the position
4-3 classification salary schedule.
4-4 (c) A person may not serve as a member of the Board or act
4-5 as general counsel to the Board if the person is required to
4-6 register as a lobbyist under Chapter 305, Government Code, because
4-7 of the person's activities for compensation on behalf of a
4-8 profession related to the operation of the Board.
4-9 (d) For purposes of this section, a Texas trade association
4-10 is a nonprofit, cooperative, and voluntarily joined association of
4-11 business or professional competitors in this state designed to
4-12 assist its members and its industry or profession in dealing with
4-13 mutual business or professional problems and in promoting their
4-14 common interest. <A member or employee of the Board may not be an
4-15 officer, employee, or paid consultant of a trade association in the
4-16 dental industry. A member or employee of the Board may not be
4-17 related within the second degree by affinity or within the second
4-18 degree by consanguinity, as determined under Article 5996h, Revised
4-19 Statutes, to a person who is an officer, employee, or paid
4-20 consultant of a trade association in the regulated industry. A
4-21 person who is required to register as a lobbyist under Chapter 305,
4-22 Government Code, by virtue of the person's activities on behalf of
4-23 a trade or professional association in the profession regulated by
4-24 the Board, may not serve as a member of the Board or act as the
4-25 general counsel to the Board.>
4-26 Sec. 4. (a) It is a ground for removal from the Board if a
4-27 member:
5-1 (1) does not have at the time of appointment the
5-2 qualifications required by Section 1 of this article for
5-3 appointment to the Board;
5-4 (2) does not maintain during the service on the Board
5-5 the qualifications required by Section 1 of this article for
5-6 appointment to the Board;
5-7 (3) violates a prohibition established by Section 3 of
5-8 this article; <or>
5-9 (4) fails to attend at least one-half of the regularly
5-10 scheduled meetings that the member is eligible to attend during a
5-11 calendar <held each> year; or
5-12 (5) cannot discharge the member's duties for a
5-13 substantial part of the term for which the member is appointed
5-14 because of illness or disability.
5-15 (b) The validity of an action of the Board is not affected
5-16 by the fact that it was taken when a ground for removal of a member
5-17 of the Board existed.
5-18 (c) If the Executive Director or any member of the Board has
5-19 knowledge that a potential ground for removal exists, the Executive
5-20 Director or member of the board shall notify the Board of the
5-21 ground. The Board shall then notify the governor that a potential
5-22 ground for removal exists <informed in writing of a violation that
5-23 constitutes a ground under Subsection (a) of this section for the
5-24 removal of a member of the Board, the Board shall include on the
5-25 agenda of its next regularly scheduled meeting a review of the
5-26 alleged violation. After review, the Board shall report its
5-27 findings to the Governor for appropriate action consistent with
6-1 Article XV, Section 9, of the Texas Constitution>.
6-2 Sec. 5. (a) Each Board member shall comply with the Board
6-3 member training requirements established by any other state agency
6-4 that is given authority to establish the requirements for the
6-5 Board.
6-6 (b) The Board shall provide to its members and employees, as
6-7 often as necessary, information regarding their qualifications for
6-8 office or employment under this article and their responsibilities
6-9 under applicable laws relating to standards of conduct for state
6-10 officers or employees.
6-11 SECTION 2. Article 4543b, Revised Statutes, is amended to
6-12 read as follows:
6-13 Art. 4543b. Sunset Provision. The State Board of Dental
6-14 Examiners is subject to Chapter 325, Government Code (Texas Sunset
6-15 Act). Unless continued in existence as provided by that chapter,
6-16 the board is abolished September 1, 2005 <1993>.
6-17 SECTION 3. Sections 1 and 5, Article 4544, Revised Statutes,
6-18 are amended to read as follows:
6-19 Sec. 1. (a) It shall be the duty of the Board to provide
6-20 for the examination of <examine> all applicants for license to
6-21 practice dentistry in this State. Each person applying for an
6-22 examination shall pay to said Board a fee set by the Board and
6-23 shall be granted a license to practice dentistry in this State upon
6-24 his satisfactorily passing an examination provided for <given> by
6-25 said Board on subjects and operations pertaining to dentistry which
6-26 shall include Anatomy, Physiology, Anaesthesia, Biochemistry,
6-27 Dental Materials, Diagnosis, Treatment Planning, Ethics,
7-1 Jurisprudence, Hygiene, Pharmacology, Operative Dentistry, Oral
7-2 Surgery, Orthodontia, Periodontia, Prosthetic Dentistry, Pathology,
7-3 Microbiology, and such other subjects as are regularly taught in
7-4 reputable Dental Schools as the Board may in its discretion
7-5 require. The examination shall be given either orally or in
7-6 writing, or by giving a practical demonstration of the applicant's
7-7 skill, or by any combination of such methods or subjects as the
7-8 Board may in its discretion require. The Board shall contract with
7-9 an independent testing service for any required clinical
7-10 examination. The Board shall have the written portion of the
7-11 examination validated by an independent testing professional.
7-12 (b) The Board by rule shall set the number of and conditions
7-13 for examination retakes. The Board may require an applicant who
7-14 fails the examination to meet additional education requirements set
7-15 by the Board.
7-16 Sec. 5. (a) The Board shall develop a mandatory continuing
7-17 education program.
7-18 (b) The Board by rule shall:
7-19 (1) establish the minimum hours of continuing
7-20 education required for license renewal;
7-21 (2) identify the key factors that lead to the
7-22 competent performance of professional duties under this Act;
7-23 (3) develop a process to evaluate and approve
7-24 continuing education courses; and
7-25 (4) develop a process to assess a licensee's
7-26 participation and performance in continuing education courses that
7-27 will enable the Board to evaluate the overall effectiveness of the
8-1 program.
8-2 (c) The Board is authorized to assess the continuing
8-3 education needs of licensees and may require licensees to attend
8-4 continuing education courses specified by the Board <may recognize,
8-5 prepare, or carry out continuing education programs for persons it
8-6 licenses or certifies. Participation in the programs is
8-7 voluntary>.
8-8 SECTION 4. Article 4545a, Revised Statutes, is amended to
8-9 read as follows:
8-10 Art. 4545a. LICENSING BY CREDENTIALS: LICENSING OF
8-11 FOREIGN-TRAINED DENTISTS <RECIPROCAL ARRANGEMENTS>. Sec. 1. (a)
8-12 The State Board of Dental Examiners <may, in the discretion of the
8-13 Board in each instance>, upon payment by the applicant <for
8-14 registration> of a fee set by the Board, shall grant a license to
8-15 practice dentistry or dental hygiene to any reputable dentist or
8-16 dental hygienist who:
8-17 (1) is licensed in good standing as a dentist or
8-18 dental hygienist in another state, the District of Columbia, or a
8-19 territory of the United States that has licensing requirements that
8-20 are substantially equivalent to the requirements of this Act;
8-21 (2) has not been the subject of final or pending
8-22 disciplinary action in any state in which the dentist or dental
8-23 hygienist is or has been licensed;
8-24 (3) has graduated from a dental or dental hygiene
8-25 school accredited by the Commission on Dental Accreditation of the
8-26 American Dental Association;
8-27 (4) has passed a national or other examination
9-1 recognized by the Board relating to dentistry or dental hygiene;
9-2 (5) has successfully completed the Board's
9-3 jurisprudence examination;
9-4 (6) has submitted documentation of current
9-5 cardiopulmonary resuscitation certification; and
9-6 (7) has practiced dentistry or dental hygiene:
9-7 (A) for a minimum of five years immediately
9-8 prior to applying,
9-9 (B) as a dental educator for a minimum of five
9-10 years, or
9-11 (C) has completed two years of obligated service
9-12 in the state under the National Health Service Corps or other
9-13 federal scholarship or loan repayment program.
9-14 (b) The board must complete the processing of an application
9-15 for a license not later than the 180th day after all documentation
9-16 and examination results required by this section have been received
9-17 by the board, or grant a license to the applicant.
9-18 Sec. 2. (a) The board, upon payment by the applicant of a
9-19 fee set by the board, shall grant a license to a dentist or dental
9-20 hygienist who has not graduated from a dental or dental hygiene
9-21 school accredited by the Commission on Dental Accreditation of the
9-22 American Dental Association if:
9-23 (1) the dentist or dental hygienist has practiced for
9-24 a minimum of five years immediately prior to applying;
9-25 (2) the dentist or dental hygienist has not been the
9-26 subject of final or pending disciplinary action in any jurisdiction
9-27 in which the dentist or dental hygienist is or has been licensed;
10-1 (3) the board, through a procedure adopted by rule,
10-2 has determined that the educational qualifications are equivalent
10-3 to those required to practice dentistry in the state; and
10-4 (4) the dentist or dental hygienist has completed all
10-5 examinations required by the board for licensure.
10-6 (b) The board must complete the processing of an application
10-7 for a license not later than the 180th day after all documentation,
10-8 the determination of educational equivalency, and examination
10-9 results required by this section have been received by the Board,
10-10 or grant a license to the applicant. <license to practice
10-11 dentistry to any reputable dentist who is a graduate of a reputable
10-12 dental college or has qualified on examination for the certificate
10-13 of dental qualification for a commission as a dentist in the Armed
10-14 Forces of the United States and to licentiates of other States or
10-15 territories having requirements for dental registration and
10-16 practice equal to those established by this law. Applications for
10-17 license under the provisions of this Article shall be in writing
10-18 and upon a form to be prescribed by the State Board of Dental
10-19 Examiners. Said application shall be accompanied by a diploma or a
10-20 photograph thereof, awarded to the applicant by a reputable dental
10-21 college, or a certified transcript of the certificate or license or
10-22 commission issued to the applicant by the Armed Forces of the
10-23 United States, or by a license or a certified copy of license to
10-24 practice dentistry, lawfully issued to the applicant by some other
10-25 State or territory; and shall also be accompanied by an affidavit
10-26 from an executive officer of the Armed Forces of the United States,
10-27 the President or Secretary of the Board of Dental Examiners who
11-1 issued the said license, or by a legally constituted dental
11-2 registration officer of the State or territory in which the
11-3 certificate or license was granted upon which the applications for
11-4 dental registration in Texas is based. Said affidavit shall recite
11-5 that the accompanying certificate or license has not been cancelled
11-6 or revoked except by honorable discharge by the Armed Forces of the
11-7 United States, and that the statement of qualifications made in the
11-8 application for dental registration in Texas is true and correct.
11-9 Applicants for license under the provisions of this Article shall
11-10 subscribe to an oath in writing which shall be a part of said
11-11 application, stating that the license, certificate, or authority
11-12 under which the applicant practiced dentistry in the State or
11-13 territory from which the applicant removed, was at the time of such
11-14 removal in full force and not suspended or canceled; that the
11-15 applicant is the identical person to whom the said certificate,
11-16 license, or commission and the said dental diploma were issued, and
11-17 that no proceeding was pending at the time of such removal, or is
11-18 at the present time pending against the applicant for the
11-19 cancellation of such certificate, license or authority to practice
11-20 dentistry in the State or territory in which the same was issued,
11-21 and that no prosecution was then, or is at the time of the
11-22 application, pending against the applicant in any State or Federal
11-23 Court for any offense which under the law of Texas is a felony>.
11-24 SECTION 5. Section 1(a), Article 4548f, Revised Statutes, is
11-25 amended to read as follows:
11-26 (a) It shall be unlawful for any person, firm, or
11-27 corporation to engage in false, misleading, or deceptive
12-1 advertising arising out of or in connection with the practice of
12-2 dentistry. The Board may not adopt rules restricting competitive
12-3 bidding or advertising by a person regulated by the Board except to
12-4 prohibit false, misleading, or deceptive practices by the person.
12-5 The Board may not include in its rules to prohibit false,
12-6 misleading, or deceptive practices by a person regulated by the
12-7 Board a rule that:
12-8 (1) restricts the use of any medium for advertising;
12-9 (2) restricts the person's personal appearance or use
12-10 of the person's voice in an advertisement;
12-11 (3) relates to the size or duration of an
12-12 advertisement by the person; or
12-13 (4) restricts the person's advertisement under a trade
12-14 name.
12-15 (5) Except that in (4) above of this Section, an
12-16 advertisement under a trade name shall also include the name(s) of
12-17 the dental owner(s) of the practice. <Provided, however, nothing
12-18 herein shall be construed to restrict or prohibit:>
12-19 <(1) the type of advertising medium;>
12-20 <(2) the size or duration of any advertisement;>
12-21 <(3) the truthful advertising of prices for any type
12-22 of dental services;>
12-23 <(4) the use of agents or employees in advertising;>
12-24 <(5) a person's personal appearance or use of his
12-25 personal voice in an advertisement.>
12-26 SECTION 6. Article 4548h, Revised Statutes, is amended to
12-27 read as follows:
13-1 Art. 4548h. COMPLAINTS; REFUSING, REVOKING, CANCELLING, AND
13-2 SUSPENDING LICENSES
13-3 Sec. 1. <AUTHORITY TO GRANT LICENSE.> (a) The State Board
13-4 of Dental Examiners shall keep an information file about each
13-5 complaint filed with the Board. The Board's information file shall
13-6 be kept current and contain a record for each complaint of:
13-7 (1) all persons contacted in relation to the
13-8 complaint;
13-9 (2) a summary of findings made at each step of the
13-10 complaint process;
13-11 (3) an explanation of the legal basis and reason for a
13-12 complaint that is dismissed; and
13-13 (4) other relevant information.
13-14 (b) If a written complaint is filed with the Board that the
13-15 Board has authority to resolve, the Board, at least as frequently
13-16 as quarterly and until final disposition of the complaint, shall
13-17 notify the parties to the complaint of the status of the complaint
13-18 unless the notice would jeopardize an undercover investigation.
13-19 (c) The Board by rule shall adopt a form to standardize
13-20 information concerning complaints made to the Board. The Board by
13-21 rule shall prescribe information to be provided to a person when
13-22 the person files a complaint with the Board.
13-23 (d) The Board shall provide reasonable assistance to a
13-24 person who wishes to file a complaint with the Board.
13-25 (e) The Board shall adopt rules concerning the investigation
13-26 of a complaint filed with the Board. The rules adopted under this
13-27 subsection shall:
14-1 (1) distinguish between categories of complaints;
14-2 (2) ensure that complaints are not dismissed without
14-3 appropriate consideration;
14-4 (3) require that the Board be advised of a complaint
14-5 that is dismissed and that a letter be sent to the person who filed
14-6 the complaint explaining the action taken on the dismissed
14-7 complaint;
14-8 (4) ensure that the person who filed the complaint has
14-9 an opportunity to explain the allegations made in the complaint;
14-10 and
14-11 (5) require that all investigators used by the Board
14-12 shall be state employees.
14-13 (f) The Board shall dispose of all complaints in a timely
14-14 manner. The Board shall establish a schedule for conducting each
14-15 phase of a complaint that is under the control of the Board. The
14-16 schedule shall be kept in the information file for the complaint.
14-17 A change in the schedule must be noted in the complaint information
14-18 file.
14-19 (g) The Executive Director of the Board shall notify the
14-20 Board of the number of complaints that extend beyond a two-year
14-21 time frame for resolution. The Executive Director shall provide
14-22 the Board with an explanation of the reasons that the complaints
14-23 have not been resolved. The notice and explanation required shall
14-24 be provided to the board periodically at regularly scheduled Board
14-25 meetings.
14-26 (h) The Board by rule shall adopt procedures governing:
14-27 (1) informal disposition of a contested case under
15-1 Section 13(e), Administrative Procedure and Texas Register Act
15-2 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
15-3 subsequent amendments; and
15-4 (2) informal proceedings held in compliance with
15-5 Section 18(c), Administrative Procedure and Texas Register Act
15-6 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
15-7 subsequent amendments.
15-8 (i) Rules adopted under this section must provide the
15-9 complainant, where applicable and permitted by law, an opportunity
15-10 to be heard, must provide the licensee an opportunity to be heard,
15-11 and must require the presence of an attorney to advise the Board or
15-12 Board's employees. The attorney must be a member of the Board's
15-13 legal staff, if the Board has a legal staff. If the Board does not
15-14 have a legal staff, the attorney must be an employee of the office
15-15 of the attorney general.
15-16 (j) The Board by rule shall develop a system for monitoring
15-17 license holders' compliance with the requirements of this Act.
15-18 Rules adopted under this section shall include procedures for
15-19 monitoring a license holder who is ordered by the Board to perform
15-20 certain acts to ascertain that the license holder performs the
15-21 required acts and to identify and monitor license holders who
15-22 represent a risk to the public <be and they are hereby authorized
15-23 to refuse to grant a license to practice dentistry to any person or
15-24 persons who have been guilty, in the opinion of said Board, of
15-25 violating any of the provisions of the Statutes of the State of
15-26 Texas relating to the practice of dentistry, or any provisions of
15-27 Chapter 9, Title 71, Revised Civil Statutes of Texas, 1925, as
16-1 amended, within twelve (12) months prior to the filing of an
16-2 application for such license>.
16-3 Sec. 2. <REVOCATION, CANCELLATION, OR SUSPENSION OF
16-4 LICENSE.> (a) The <State> Board <of Dental Examiners> shall
16-5 revoke, cancel or suspend any license or licenses that may have
16-6 been issued by such Board, place on probation a person whose
16-7 license has been suspended, or reprimand a licensee if in the
16-8 opinion of a majority of such Board, any person or persons to whom
16-9 a license has been issued by said Board to practice dentistry or
16-10 dental hygiene in this State, shall have, after the issuance of
16-11 such license, violated any of the provisions of the Statutes of the
16-12 State of Texas relating to the practice of dentistry or dental
16-13 hygiene in this State, or any of the provisions of Chapter 9, Title
16-14 71, Revised Civil Statutes of Texas, 1925, as amended, or any
16-15 amendments that may hereafter be made thereto, or a rule of the
16-16 Board. All revocations, cancellations or suspensions of licenses
16-17 by the Texas State Board of Dental Examiners shall be made in the
16-18 manner provided by the Administrative Procedure and Texas Register
16-19 Act (Article 6252-13a, Vernon's Texas Civil Statutes).
16-20 (b) All complaints to be considered by the Board under this
16-21 article shall be made in writing and<, subscribed and sworn to by
16-22 the person presenting such complaint, which complaint> shall set
16-23 out the alleged violations of such Statutes or rules <and declaring
16-24 it to be the opinion of the person presenting such complaint that
16-25 the person or persons so accused have so violated said Statutes>.
16-26 (c) All complaints under this article as received shall be
16-27 filed with the Secretary of the Board or an authorized employee of
17-1 the Board. All <When a> complaints filed with the Board shall be
17-2 reviewed to determine jurisdiction, and if jurisdiction exists, <is
17-3 made by a member of the Board, its agents or employees, the
17-4 Secretary of the Board shall cause such complaint to be docketed on
17-5 its records in the name of the Texas State Board of Dental
17-6 Examiners versus the person against whom such complaint has been
17-7 made, and shall mail a copy of such docketed complaint by
17-8 registered mail to the accused person under the jurisdiction of the
17-9 Texas State Board of Dental Examiners charged with having violated
17-10 such Statutes. When a complaint is made by others than the members
17-11 of the Board, its agents or employees, the Board or its duly
17-12 authorized representative> the Secretary of the Board or designee
17-13 shall cause an investigation of such complaint to be made to
17-14 determine the facts in such case.<, and> I<i>f the facts as
17-15 determined by such investigation<, in the discretion of the
17-16 Secretary of the Board,> justify further action, the disposition of
17-17 the complaint shall comply with this article <the docketing of such
17-18 complaint for hearing before the Board, then the Secretary of the
17-19 Board shall cause such complaint to be docketed on its records in
17-20 the name of the Texas State Board of Dental Examiners versus the
17-21 person against whom such complaint has been made, and shall mail a
17-22 copy of such docketed complaint by registered mail to the accused
17-23 person under the jurisdiction of the Texas State Board of Dental
17-24 Examiners charged with having violated such Statutes>.
17-25 (d) If a licensee suspension is probated, the Board may
17-26 require the practitioner:
17-27 (1) to report regularly to the Board on matters that
18-1 are the basis of the probation;
18-2 (2) to limit practice to the areas prescribed by the
18-3 Board; or
18-4 (3) to continue or review professional education until
18-5 the practitioner attains a degree of skill satisfactory to the
18-6 Board in those areas that are the basis of the probation.
18-7 (e) If the Board or an executive committee of the Board
18-8 determines from the evidence or information presented to it that a
18-9 person licensed under this Act by continuation in practice would
18-10 constitute a clear, imminent, or continuing threat to the public
18-11 welfare, the Board or the executive committee of the Board shall
18-12 temporarily suspend the license of that person. The license may be
18-13 suspended under this section without notice or hearing on the
18-14 complaint, provided institution of proceedings for a hearing held
18-15 by the State Offices of Administrative Hearings is initiated
18-16 simultaneously with the temporary suspension. A hearing shall be
18-17 held not later than fourteen (14) days after the date of the
18-18 suspension unless a continuance is requested by the licensee. A
18-19 second hearing on the suspension shall be held by the State Office
18-20 of Administrative Hearings within sixty (60) days after the date
18-21 the suspension was ordered or after the date specified in the
18-22 continuance requested by the licensee. The time requirements in
18-23 this subsection must be adhered to or the suspension is lifted
18-24 without further order or action.
18-25 (f) All complaints considered by the Board must be filed
18-26 with the Board within four years after the date on which the act
18-27 occurred or within four years after a complainant discovered or in
19-1 the exercise of reasonable diligence should have discovered, the
19-2 occurrence of the act.
19-3 Sec. 3. <Appeal to Court.> (a) A person aggrieved by a
19-4 ruling, order, or decision of the Board under this article has the
19-5 right to appeal to a district court in the county of his residence
19-6 or in the county where the alleged offense occurred within thirty
19-7 (30) days from the service of notice of the action of the <State>
19-8 Board <of Dental Examiners>.
19-9 (b) The appeal having been properly filed, the court may
19-10 request of the Board and the Board on receiving the request shall
19-11 within thirty (30) days prepare and transmit to the court a
19-12 certified copy of its entire record in the matter in which the
19-13 appeal has been taken. The appeal shall be tried in accordance
19-14 with the Texas Rules of Civil Procedure.
19-15 (c) <In the event an appeal is taken by a licensee, the
19-16 appeal shall act as a supersedeas providing the appealing party
19-17 files a bond as the court may direct, and the court shall dispose
19-18 of the appeal and enter its decision promptly.>
19-19 <(d)> If an aggrieved person fails to perfect an appeal as
19-20 provided in this section, the Board's ruling shall become final.
19-21 (d) <(e)> Review by the court shall be by the substantial
19-22 evidence rule and not de novo.
19-23 Sec. 4. <Additional Offices.> No statute relating to the
19-24 practice of dentistry in this State shall be construed to prohibit
19-25 any duly authorized, licensed, and registered dentist from
19-26 maintaining any number of offices in this State, provided said
19-27 dentist assumes full legal responsibility and liability for the
20-1 dental services rendered in such offices and further provided that
20-2 the dentist complies with such requirements as may be prescribed by
20-3 the Board in its Rules <and Regulations> for the purpose of
20-4 protecting the health and safety of the patients receiving dental
20-5 care at such offices.
20-6 SECTION 7. Article 4548i, Revised Statutes, is amended to
20-7 read as follows:
20-8 Art. 4548i. PUNISHMENT. (a) Any person who shall violate
20-9 any provision of Chapter Nine, Title 71, Revised Statutes, commits
20-10 an offense. An offense under this section is a Class A
20-11 misdemeanor. If it is shown at a trial of an offense under this
20-12 section that the defendant was previously convicted under this
20-13 section of any misdemeanor or the offense involves practicing
20-14 without an appropriate license issued by the Board, the offense is
20-15 a felony of the third degree. Each day of such violation shall be
20-16 a separate offense.
20-17 (b) Any person who shall violate a provision of Chapter
20-18 Nine, Title 71, Revised Statutes, is liable to the state for a
20-19 civil penalty in an amount not to exceed $2,500. Each day a
20-20 violation continues or occurs is a separate violation for the
20-21 purpose of imposing a penalty. On request of the board, the
20-22 attorney general or the county attorney or district attorney of the
20-23 county in which the violation is alleged to have occurred shall
20-24 file suit to collect the penalty. A civil penalty collected under
20-25 this section shall be deposited in the state treasury to the credit
20-26 of the General Revenue Fund.
20-27 SECTION 8. Chapter 9, Title 71, Revised Statutes, is amended
21-1 by adding Article 4548j to read as follows:
21-2 Art. 4548j. ADMINISTRATIVE PENALTY. (a) The board may
21-3 impose an administrative penalty against a person licensed or
21-4 regulated under this Act who violates this Act or a rule or order
21-5 adopted under this Act.
21-6 (b) The penalty for a violation may be in an amount not to
21-7 exceed $5,000. Each day a violation continues or occurs is a
21-8 separate violation for purposes of imposing a penalty.
21-9 (c) The Executive Director of the board or a subcommittee of
21-10 the board shall determine the amount of the penalty based on a
21-11 standardized penalty schedule. Any subcommittee of the board shall
21-12 consist of at least one public member of the board. The penalty
21-13 schedule shall be developed by the board, through rule, and shall
21-14 be based on the following criteria:
21-15 (1) the seriousness of the violation, including but
21-16 not limited to the nature, circumstances, extent, and gravity of
21-17 the prohibited acts, and the hazard or potential hazard created to
21-18 the health, safety, or welfare of the public;
21-19 (2) the economic damage to property or the environment
21-20 caused by the violation;
21-21 (3) the history of previous violations;
21-22 (4) the amount necessary to deter future violations;
21-23 (5) efforts to correct the violation; and
21-24 (6) any other matter that justice may require.
21-25 (d) An executive director or a subcommittee of the board who
21-26 determines that a violation has occurred may issue to the board a
21-27 report that states the facts on which the determination is based
22-1 and the director's or the subcommittee's recommendation on the
22-2 imposition of a penalty, including a recommendation on the amount
22-3 of the penalty.
22-4 (e) Within 14 days after the date the report is approved by
22-5 the board, the executive director shall give written notice of the
22-6 report to the person. The notice may be given by certified mail.
22-7 The notice must include a notice of all the alleged violations and
22-8 a statement of the amount of the recommended penalty and must
22-9 inform the person that the person has a right to a hearing on the
22-10 occurrence of the violation, the amount of the penalty, or both the
22-11 occurrence of the violation and the amount of the penalty.
22-12 (f) Within 20 days after the date the person receives the
22-13 notice, the person in writing may accept the determination and
22-14 recommended penalty of the executive director or subcommittee or
22-15 may make a written request for a hearing on the occurrence of the
22-16 violation, the amount of the penalty, or both the occurrence of the
22-17 violation and the amount of the penalty.
22-18 (g) If the person accepts the determination and recommended
22-19 penalty of the executive director or subcommittee, the board by
22-20 order shall approve the determination and impose the recommended
22-21 penalty.
22-22 (h) If the person requests a hearing or fails to respond
22-23 timely to the notice, the executive director shall set a hearing
22-24 and give notice of the hearing to the person. The hearing shall be
22-25 held by an administrative law judge of the State Office of
22-26 Administrative Hearings. The administrative law judge shall make
22-27 findings of fact and conclusions of law and promptly issue to the
23-1 board a proposal for a decision about the occurrence of the
23-2 violation and the amount of a proposed penalty. Based on the
23-3 findings of fact, conclusions of law, and proposal for a decision,
23-4 the board by order may find that a violation has occurred and
23-5 impose a penalty or may find that no violation occurred.
23-6 (i) The notice of the board's order given to the person
23-7 under the Administrative Procedure and Texas Register Act (Article
23-8 6252-13a, Vernon's Texas Civil Statutes), and its subsequent
23-9 amendments must include a statement of the right of the person to
23-10 judicial review of the order.
23-11 (j) Within 30 days after the date the board's order is final
23-12 as provided by Section 16(c), Administrative Procedure and Texas
23-13 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
23-14 its subsequent amendments, the person shall:
23-15 (1) pay the amount of the penalty;
23-16 (2) pay the amount of the penalty and file a petition
23-17 for judicial review contesting the occurrence of the violation, the
23-18 amount of the penalty, or both the occurrence of the violation and
23-19 the amount of penalty; or
23-20 (3) without paying the amount of the penalty, file a
23-21 petition for judicial review contesting the occurrence of the
23-22 violation, the amount of the penalty, or both the occurrence of the
23-23 violation and the amount of the penalty.
23-24 (k) Within the 30-day period, a person who acts under
23-25 Subsection (j)(3) of this section may:
23-26 (1) stay enforcement of penalty by:
23-27 (A) paying the amount of the penalty to the
24-1 court for placement in an escrow account; or
24-2 (B) giving to the court a supersedeas bond that
24-3 is approved by the court for the amount of the penalty and that is
24-4 effective until all judicial review of the board's order is final;
24-5 or
24-6 (2) request the court to stay enforcement of the
24-7 penalty by:
24-8 (A) filing with the court a sworn affidavit of
24-9 the person stating that the person is financially unable to pay the
24-10 amount of the penalty and is financially unable to give the
24-11 supersedeas bond; and
24-12 (B) giving a copy of the affidavit to the
24-13 executive director by certified mail.
24-14 (l) An executive director who receives a copy of an
24-15 affidavit under Subsection (k)(2) of this section may file with the
24-16 court, within five days after the date the copy is received, a
24-17 contest to the affidavit. The court shall hold a hearing on the
24-18 facts alleged in the affidavit as soon as practicable and shall
24-19 stay the enforcement of the penalty on finding that the alleged
24-20 facts are true. The person who files an affidavit has the burden
24-21 of proving that the person is financially unable to pay the amount
24-22 of the penalty and to give the supersedeas bond.
24-23 (m) If the person does not pay the amount of the penalty and
24-24 the enforcement of the penalty is not stayed, the executive
24-25 director may refer the matter to the attorney general for
24-26 collection of the amount of the penalty.
24-27 (n) Judicial review of the order of the board:
25-1 (1) is instituted by filing a petition as provided by
25-2 Section 19, Administrative Procedure and Texas Register Act
25-3 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
25-4 subsequent amendments; and
25-5 (2) is under the substantial evidence rule.
25-6 (o) If the court sustains the occurrence of the violation,
25-7 the court may uphold or reduce the amount of the penalty and order
25-8 the person to pay the full or reduced amount of the penalty. If
25-9 the court does not sustain the occurrence of the violation, the
25-10 court shall order that no penalty is owed.
25-11 (p) When the judgment of the court becomes final, the court
25-12 shall proceed under this subsection. If the person paid the amount
25-13 of the penalty and if that amount is reduced or is not upheld by
25-14 the court, the court shall order that the appropriate amount plus
25-15 accrued interest be remitted to the person. The rate of the
25-16 interest is the rate charged on loans to depository institutions by
25-17 the New York Federal Reserve Bank, and the interest shall be paid
25-18 for the period beginning on the date the penalty was paid and
25-19 ending on the date the penalty is remitted. If the person gave a
25-20 supersedeas bond and if the amount of the penalty is reduced, the
25-21 court shall order the release of the bond after the person pays the
25-22 amount.
25-23 (q) A penalty collected under this section shall be remitted
25-24 to the comptroller for deposit in the Dental Registration Account
25-25 in the general revenue fund. These funds may only be used to fund
25-26 an approved peer assistance program.
25-27 (r) All proceeding under this section are subject to the
26-1 Administrative Procedure and Texas Register Act (Article 6252-13a,
26-2 Vernon's Texas Civil Statutes) and its subsequent amendments.
26-3 (s) Nothing in this article shall be construed as preventing
26-4 the board from assessing an administrative penalty using an
26-5 informal proceeding governed by the requirements in Article 4548h
26-6 of this chapter.
26-7 SECTION 9. Article 4549, Revised Statutes, is amended to
26-8 read as follows:
26-9 Art. 4549. REFUSAL TO EXAMINE OR ISSUE LICENSE; JUDICIAL
26-10 SUSPENSIONS AND REVOCATIONS <DISCIPLINARY ACTIONS>
26-11 Sec. 1. The <Texas> State Board of Dental Examiners shall
26-12 have authority to refuse to examine any person or refuse to issue a
26-13 dental license or a dental hygienist license to any person for any
26-14 one or more of the following causes:
26-15 (a) Proof of presentation to the Board of any
26-16 dishonest or fake evidence of qualification, or being guilty of any
26-17 illegality, fraud or deception in the process of examination, or
26-18 for the purpose of securing a license or certificate.
26-19 (b) Proof of chronic or habitual intoxication or
26-20 addiction to drugs on the part of the applicant.
26-21 (c) Proof that the applicant has been guilty of
26-22 dishonest or illegal practices in or connected with the practice of
26-23 dentistry or dental hygiene.
26-24 (d) Proof of conviction of the applicant of a felony
26-25 involving moral turpitude under the laws of this State or any other
26-26 State or of the United States.
26-27 (e) Proof that the applicant violated any of the
27-1 provisions of the Statutes of the State of Texas relating to the
27-2 practice of dentistry, or any provisions of Chapter 9, Title 71,
27-3 Revised Statutes, and its subsequent amendments, within 12 months
27-4 before the filing of an application for the license.
27-5 Sec. 2. <The provisions of this Article relating to the
27-6 suspension or revocation of a license do not apply to a person
27-7 convicted of a felony under Chapter 481, Health and Safety Code,
27-8 Section 485.033, Health and Safety Code, or Chapter 483, Health and
27-9 Safety Code.>
27-10 <Sec. 3.> The Texas State Board of Dental Examiners <and the
27-11 District Courts of this State> shall have <concurrent> jurisdiction
27-12 and authority, after notice and hearing <as hereinafter provided>,
27-13 to suspend or revoke a dental license or a dental hygienist
27-14 license, to place on probation a person whose license or
27-15 certificate is suspended, or to reprimand a licensee or certificate
27-16 holder, and in addition to or in lieu of said suspension,
27-17 revocation, probation, or reprimand, to assess an administrative
27-18 penalty as provided for in Article 4548j <a fine in an amount not
27-19 to exceed $2,500 payable to the dental registration fund> for any
27-20 one or more of the following causes:
27-21 (a) Proof of insanity of the holder of a license or
27-22 certificate, as adjudged by the regularly constituted authorities.
27-23 (b) Proof of conviction of the holder of a license or
27-24 certificate of any felony or a misdemeanor involving fraud under
27-25 the laws of this State or any other State or of the United States.
27-26 (c) That the holder thereof has been or is guilty of
27-27 dishonorable conduct, malpractice or gross incompetency in the
28-1 practice of dentistry or dental hygiene.
28-2 (d) That the holder thereof has been or is guilty of
28-3 any deception or misrepresentation for the purpose of soliciting or
28-4 obtaining patronage.
28-5 (e) That the holder thereof procured a license or
28-6 certificate through fraud or misrepresentation.
28-7 (f) That the holder thereof is addicted to habitual
28-8 intoxication or the use of drugs.
28-9 (g) That a dentist employs or permits or has employed
28-10 or permitted persons to practice dentistry in the office or offices
28-11 under his control or management, who were not licensed to practice
28-12 dentistry.
28-13 (h) That the holder thereof has failed to use proper
28-14 diligence in the conduct of his practice or to safeguard his
28-15 patients against avoidable infections.
28-16 (i) That the holder thereof has failed or refused to
28-17 comply with any State law relating to the regulation of dentists or
28-18 dental hygienists.
28-19 (j) That the holder thereof has failed or refused to
28-20 comply with the adopted and promulgated rules and regulations of
28-21 the Board.
28-22 (k) That the holder thereof is physically or mentally
28-23 incapable of practicing with safety to dental patients.
28-24 (l) That the holder thereof has been negligent in the
28-25 performance of dental services which injured or damaged dental
28-26 patients.
28-27 (m) Proof of suspension, revocation, probation,
29-1 reprimand, or other restriction by another State of a license or
29-2 certificate to practice dentistry or dental hygiene based upon acts
29-3 by the licensee or certificate holder enumerated in this section.
29-4 (n) That the holder thereof has knowingly provided or
29-5 agreed to provide dental care in a manner which violates any
29-6 provision of federal or State law regulating a plan whereby any
29-7 person undertakes to provide, arrange for, pay for, or reimburse
29-8 any part of the cost of any dental care services or regulating the
29-9 business of insurance.
29-10 Sec. 3 <4>. (a) If the Board proposes to refuse to examine
29-11 a person, <to suspend or revoke a license or certificate, to place
29-12 on probation a person whose license or certificate has been
29-13 suspended, or to reprimand a licensee or certificate holder,> the
29-14 person is entitled to a hearing before the Board.
29-15 (b) The hearing under this section and an appeal from the
29-16 hearing under this section are governed by the Administrative
29-17 Procedure and Texas Register Act, as amended (Article 6252-13a,
29-18 Vernon's Texas Civil Statutes).
29-19 <Sec. 5. (a) All complaints to be considered by the Board
29-20 shall be made in writing, subscribed and sworn to by the person
29-21 presenting such complaint, which complaint shall set out the
29-22 alleged violations of such Statutes or rules and declaring it to be
29-23 the opinion of the person presenting such complaint that the person
29-24 or persons so accused have so violated said Statutes or rules.>
29-25 <(b) All complaints as received shall be filed with the
29-26 Secretary of the Board or an authorized employee of the Board.
29-27 When a complaint is made by a member of the Board, its agents or
30-1 employees, the Secretary of the Board or its authorized employee
30-2 shall cause such complaint to be docketed on its records in the
30-3 name of the Texas State Board of Dental Examiners versus the person
30-4 against whom such complaint has been made, and shall mail a copy of
30-5 such docketed complaint by registered or certified mail to the
30-6 accused person under the jurisdiction of the Texas State Board of
30-7 Dental Examiners charged with having violated such Statutes or
30-8 rules. When a complaint is made by others than the members of the
30-9 Board, its agents or employees, the Board or its duly authorized
30-10 representative shall cause an investigation of such complaint to be
30-11 made to determine the facts in such case, and if the facts as
30-12 determined by such investigation, in the discretion of the
30-13 Secretary of the Board or its authorized employee, justify the
30-14 docketing of such complaint for hearing before the Board, then the
30-15 Secretary of the Board or its authorized employee shall cause such
30-16 complaint to be docketed on its records in the name of the Texas
30-17 State Board of Dental Examiners versus the person against whom such
30-18 complaint has been made, and shall mail a copy of such docketed
30-19 complaint by registered or certified mail to the accused person
30-20 under the jurisdiction of the Texas State Board of Dental Examiners
30-21 charged with having violated such Statutes or rules.>
30-22 <(c) The Board shall keep an information file about each
30-23 complaint filed with the Board relating to a licensee or
30-24 certificate holder. If a written complaint is filed with the Board
30-25 relating to a licensee or certificate holder, the Board, at least
30-26 as frequently as quarterly and until final disposition of the
30-27 complaint, shall notify the parties to the complaint of the status
31-1 of the complaint unless the notice would jeopardize an undercover
31-2 investigation.>
31-3 <(d) The Board may request a dental peer review or grievance
31-4 committee to submit information to the Board about the activities
31-5 of the committee.>
31-6 SECTION 10. Article 4549b, Revised Statutes, is amended to
31-7 read as follows:
31-8 Art. 4549b. Consumer information. (a) The Board shall
31-9 prepare information of public <consumer> interest describing the
31-10 <regulatory> functions of the Board and <describing> the Board's
31-11 procedures by which <consumer> complaints are filed with and
31-12 resolved by the Board. The Board shall make the information
31-13 available to the general public and appropriate state agencies.
31-14 (b) The Board by rule shall establish methods by which
31-15 consumers and service recipients are notified of the name, mailing
31-16 address, and telephone number of the Board for the purpose of
31-17 directing complaints to the Board. The Board may provide for that
31-18 notification:
31-19 (1) on each registration form, application, or written
31-20 contract for services of an individual or entity regulated under
31-21 this Act;
31-22 (2) on a sign prominently displayed in the place of
31-23 business of each individual or entity regulated under this Act; or
31-24 (3) in a bill for service provided by an individual or
31-25 entity regulated under this Act.
31-26 (c) The Board shall list along with its regular telephone
31-27 number the toll-free telephone number that may be called to present
32-1 a complaint about a health professional if the toll-free number is
32-2 established under other state law.
32-3 SECTION 11. Sections 1, 2, and 4, Article 4550a, Revised
32-4 Statutes, are amended to read as follows:
32-5 Sec. 1. It shall be the duty of all persons holding a dental
32-6 license or dental hygienist license issued by the State Board of
32-7 Dental Examiners, to annually apply and to be registered as such
32-8 practitioners with the State Board of Dental Examiners on or before
32-9 March 1st of each calendar year. Each person so registering shall
32-10 pay in connection with such annual registration for the receipt
32-11 hereinafter provided for, a fee as determined by said Board
32-12 according to the needs of said Board, such payment to be made by
32-13 each person to such Board, and every person so registering shall
32-14 file with said Board a written application setting forth such facts
32-15 as the Board may require. A person holding a dental hygienist
32-16 license must attach to the application proof of current
32-17 certification <that the person has successfully completed a course>
32-18 in cardiopulmonary resuscitation given or approved by the American
32-19 Heart Association or American Red Cross <not earlier than one year
32-20 before the date on which the license must be renewed or>, in the
32-21 event that the person is not physically capable of successfully
32-22 completing such training, a written statement executed by either a
32-23 licensed physician or an instructor in cardiopulmonary
32-24 resuscitation approved by the American Heart Association or
32-25 American Red Cross that describes such physical incapacity. In
32-26 lieu of this requirement for annual cardiopulmonary resuscitation
32-27 certification, a dental hygienist licensed by the Texas State Board
33-1 of Dental Examiners and residing in a country other than the United
33-2 States may satisfy this requirement by submitting proof of
33-3 residence upon the annual date of renewal. Upon receipt of such
33-4 applications, accompanied by such fees, said Board, after
33-5 ascertaining either from its records or other sources deemed by it
33-6 to be reliable, that the applicant holds a valid license or
33-7 certificate to practice in this State, shall issue to the applicant
33-8 an annual registration certificate or receipt certifying that he
33-9 has filed such application and has paid the required fee; provided,
33-10 that the filing of such application, the payment of such fee, and
33-11 the issuance of such receipt therefor, shall not entitle the holder
33-12 thereof to lawfully practice within the State of Texas unless he in
33-13 fact holds a license or certificate as such practitioner issued by
33-14 the State Board of Dental Examiners, as provided by this law, and
33-15 unless said license or certificate is in full force and effect; and
33-16 provided further, that in any prosecution for unlawful practice
33-17 such receipt showing payment of the annual registration fee
33-18 required by this chapter shall not be treated as evidence that the
33-19 holder thereof is lawfully entitled to practice.
33-20 Sec. 2. (a) If any person required to register as a
33-21 practitioner under the provisions hereof shall fail or refuse to
33-22 apply for such registration and pay such fee on or before the
33-23 specified date <March 1st> of each calendar year, as hereinabove
33-24 set forth, his license or certificate to practice issued to him,
33-25 shall thereafter stand suspended so that thereafter in practicing
33-26 he shall be subject to the penalties imposed by law upon any person
33-27 unlawfully practicing.
34-1 (b) A person may renew an unexpired license or certificate
34-2 by paying to the Board before the expiration of the license or
34-3 certificate the required renewal fee.
34-4 (c) If a person's license or certificate has been expired
34-5 for not longer than ninety (90) days, the person may renew it by
34-6 paying to the Board the required renewal fee and a fee that is
34-7 one-half of the examination fee for the license or certificate.
34-8 (d) If a person's license or certificate has been expired
34-9 for longer than ninety (90) days but less than one year <two
34-10 years>, the person may renew it by paying to the Board all unpaid
34-11 renewal fees and a fee that is equal to the examination fee for the
34-12 license or certificate.
34-13 (e) If a person's license or certificate has been expired
34-14 for one year <two years> or longer, the person may not renew it,
34-15 except as provided by Section 2A of this article. The person may
34-16 obtain a new license or certificate by submitting to reexamination
34-17 and complying with the requirements and procedures for obtaining an
34-18 original license or certificate. However, the Board may adopt
34-19 rules providing for renewal without reexamination an expired
34-20 license of a person who was licensed in this state, moved to
34-21 another state, and is currently licensed and has been in practice
34-22 in the other state for the two years preceding application. The
34-23 person must pay to the Board a fee that is equal to the examination
34-24 fee for the license.
34-25 (f) At least 30 days before the expiration of a person's
34-26 license, the <The> Board shall send written notice of the impending
34-27 license expiration to the person at the licensee's last known
35-1 address according to the records of the Board <must notify each
35-2 licensee in writing of that licensee's impending license expiration
35-3 30 days prior to said expiration and shall attempt to obtain from
35-4 the licensee signed receipt confirming receipt of notification>.
35-5 (g) Provided, however, that the requirements governing the
35-6 payment of the annual registration fees and penalties for late
35-7 registration shall not apply to licensees who are on active duty
35-8 with the Armed Forces of the United States of America, and are not
35-9 engaged in private or civilian practice.
35-10 (h) The Board by rule may adopt a system under which
35-11 licenses expire on various dates during the year. For the year in
35-12 which the license expiration date is changed, license fees payable
35-13 on March 1 shall be prorated on a monthly basis so that each
35-14 licensee shall pay only that portion of the license fee that is
35-15 allocable to the number of months during which the license is
35-16 valid. On renewal of the license on the new expiration date, the
35-17 total license renewal fee is payable.
35-18 Sec. 4. (a) To aid the Board in performing its duties, the
35-19 Board is hereby authorized to employ an Executive <Secretary or>
35-20 Director who shall receive a salary to be fixed by the Board, and
35-21 who shall make and file a surety bond in a sum not less than Five
35-22 Thousand Dollars ($5,000) conditioned for the faithful performance
35-23 of all the duties of the <his> office and the safekeeping and
35-24 proper disbursement of said "Dental Registration Fund" and all
35-25 other funds received by the Executive Director <coming into his
35-26 hands>; such salary shall be paid out of said "Dental Registration
35-27 Fund" and shall not be in any way a charge upon the general revenue
36-1 of the State. The Executive Director, with the consent of the
36-2 Board, may employ an Assistant Executive Director who shall perform
36-3 all the duties required by law to be performed by the Executive
36-4 Director when said Executive Director is absent or unable to act
36-5 for any reason. Said Board shall employ and provide such other
36-6 employees as may be needed to assist the Executive <Secretary or>
36-7 Director in performing the Executive Director's <his> duties and in
36-8 carrying out the purposes of this Act, provided that their
36-9 compensation shall be paid only out of the said "Dental
36-10 Registration Fund." All disbursements from "Dental Registration
36-11 Fund" shall be made only upon the written approval of the President
36-12 of the Board, Secretary of said Board, or an employee designated by
36-13 the Board and upon warrants drawn by the Comptroller to be paid out
36-14 of said fund.
36-15 (b) The Executive Director or the Executive Director's <his>
36-16 designee shall develop <within one year of the effective date of
36-17 this Act> an intra-agency <intraagency> career ladder program. The
36-18 program shall require<, one part of which shall be> the
36-19 intra-agency <intraagency> posting of all nonentry level positions
36-20 concurrently with <for at least ten (10) days prior to> any public
36-21 posting.
36-22 (c) The Executive Director or the Executive Director's <his>
36-23 designee shall develop <within one year of the effective date of
36-24 this Act> a system of annual performance evaluations. All <based
36-25 on measurable job tasks. Within two years of the effective date of
36-26 this Act all> merit pay for Board employees <authorized by the
36-27 Executive Director> must be based on the system established under
37-1 <by> this section.
37-2 (d) The Executive Director or the Executive Director's
37-3 designee shall prepare and maintain a written policy statement to
37-4 ensure implementation of a program of equal employment opportunity
37-5 under which all personnel transactions are made without regard to
37-6 race, color, disability, sex, religion, age, or national origin.
37-7 The policy statement must include:
37-8 (1) personnel policies, including policies relating to
37-9 recruitment, evaluation, selection, appointment, training, and
37-10 promotion of personnel that are in compliance with requirements of
37-11 the Texas Commission on Human Rights Act;
37-12 (2) a comprehensive analysis of the Board work force
37-13 that meets federal and state guidelines;
37-14 (3) procedures by which a determination can be made of
37-15 significant underuse in the Board work force of all persons for
37-16 whom federal or state guidelines encourage a more equitable
37-17 balance; and
37-18 (4) reasonable methods to appropriately address those
37-19 areas of significant underuse.
37-20 (e) A policy statement prepared under Subsection (d) of this
37-21 section must cover an annual period, be updated annually and
37-22 reviewed by the Human Rights Commission for compliance with
37-23 Subsection (d)(1) of this section, and be filed with the governor's
37-24 office.
37-25 (f) The governor's office shall deliver a biennial report to
37-26 the legislature based on the information received under Subsection
37-27 (e) of this section. The report may be made separately or as a
38-1 part of other biennial reports made to the legislature.
38-2 (g) The Board shall develop and implement policies that
38-3 clearly define the respective responsibilities of the Board and the
38-4 staff of the Board.
38-5 (h) The Board shall prepare and maintain a written plan that
38-6 describes how a person who does not speak English can be provided
38-7 reasonable access to the Board's programs. The Board shall also
38-8 comply with federal and state laws for program and facility
38-9 accessibility.
38-10 (i) The Board shall develop and implement policies that
38-11 provide the public with a reasonable opportunity to appear before
38-12 the Board and to speak on any issue under the jurisdiction of the
38-13 Board.
38-14 SECTION 12. Section 3(c), Article 4550a, Revised Statutes,
38-15 is amended to read as follows:
38-16 (c) The <On or before the first day of January each year,
38-17 the> Board shall file annually with <make in writing a complete and
38-18 detailed report accounting for all funds received and disbursed by
38-19 the Board/commission during the preceding year to> the governor and
38-20 to the presiding officer of each house of the legislature a
38-21 complete and detailed written report accounting for all funds
38-22 received and disbursed by the Board during the preceding fiscal
38-23 year. The annual report must be in the form and reported in the
38-24 time provided by the General Appropriations Act.
38-25 SECTION 13. Article 4551(b), Revised Statutes, is amended to
38-26 read as follows:
38-27 (b) The Board shall establish reasonable and necessary fees
39-1 so that the fees, in the aggregate, produce sufficient revenue to
39-2 cover the cost of administering <for the administration of> this
39-3 Act <in amounts not to exceed:>
39-4 <(1) dental examination fee: $150;>
39-5 <(2) dental hygiene examination fee: $75;>
39-6 <(3) annual renewal fees:>
39-7 <dentists: $100,>
39-8 <dental hygienists: $70,>
39-9 <dental labs: $125;>
39-10 <(4) reciprocal registration fee: $200;>
39-11 <(5) duplicate license fee: $15;>
39-12 <(6) duplicate registration certificates: $15>.
39-13 The Board may not set a fee at an amount less than the amount
39-14 of that fee on September 1, 1993 <shall not maintain unnecessary
39-15 fund balances, and fee amounts shall be set in accordance with this
39-16 requirement>.
39-17 SECTION 14. Section (b), Article 4551d, Revised Statutes, is
39-18 amended to read as follows:
39-19 (b) Rules pertaining to regulation of licensed dental
39-20 hygienists must be proposed by the Dental Hygiene Advisory Council,
39-21 established pursuant to Article 4551e, Revised Statutes, before
39-22 being adopted by the Board. Nothing herein shall be construed to
39-23 prevent the Board from proposing rules to the council for
39-24 consideration. In addition, the Board may adopt, without the
39-25 council's approval, rules adopted pursuant to subsection (c) of
39-26 this Article. <If the appropriate standing committees of both
39-27 houses of the legislature acting under Subsection (g), Section 5,
40-1 Administrative Procedure and Texas Register Act, as amended
40-2 (Article 6252-13a, Vernon's Texas Civil Statutes), transmit to the
40-3 Board statements opposing adoption of a rule under that section,
40-4 the rule may not take effect, or if the rule has already taken
40-5 effect, the rule is repealed effective on the date the Board
40-6 receives the committee's statements.>
40-7 SECTION 15. Section 4A, Article 4551e, Revised Statutes, is
40-8 amended to read as follows:
40-9 (a) The Dental Hygiene Advisory Council <Committee> is
40-10 hereby established.
40-11 (b) The Dental Hygiene Advisory Council <Committee> shall be
40-12 composed <consist> of three <not more than eight> dental hygienists
40-13 appointed by the governor <Texas State Board of Dental Examiners>
40-14 to staggered six-year terms <A member of such advisory committee
40-15 shall serve for a term of three years expiring on May 1 of the
40-16 third year of the member's term. After the expiration of a
40-17 member's term, the member shall continue to serve until the date a
40-18 successor is appointed and has qualified. A person may not be
40-19 appointed to serve for more than one full term>.
40-20 (c) The advisory council <committee> shall advise the State
40-21 Board of Dental Examiners on matters relating to dental hygiene.
40-22 In order to assure that the advisory council <committee> is able to
40-23 exercise properly its advisory powers, the State Board of Dental
40-24 Examiners shall provide the advisory council <committee> with
40-25 timely notice of all Board meetings and a copy of the minutes of
40-26 all Board meetings. In addition, the Board shall not adopt any
40-27 rule relating to the practice of dental hygiene unless said
41-1 proposed rule has been submitted to the advisory council
41-2 <committee> for review and approved by the advisory council
41-3 <comment at least thirty (30) days> prior to the adoption of said
41-4 rule.
41-5 (d) A member of the advisory council <committee> is entitled
41-6 to the compensatory per diem set by the General Appropriations Act
41-7 for each day that the member engages in council <committee>
41-8 business. Except for transportation expenses, a member is not
41-9 entitled to reimbursement for travel expenses. A member is
41-10 entitled to transportation expenses as provided by the General
41-11 Appropriations Act.
41-12 SECTION 16. Section 5, Article 4551e, Revised Statutes, is
41-13 amended to read as follows:
41-14 Sec. 5. Examination. The <Texas> State Board of Dental
41-15 Examiners shall hold meetings at such times and places as the Board
41-16 shall designate for the purpose of examining qualified applicants
41-17 for licensure as dental hygienists in this State. All applicants
41-18 for examination shall pay a fee set by the Board to said Board as
41-19 determined by said Board according to its needs and shall apply
41-20 upon forms furnished by the Board and shall furnish such other
41-21 information as the Board may in its discretion require to determine
41-22 any applicant's qualifications. An applicant must attach to the
41-23 application proof that the applicant has successfully completed a
41-24 current course in cardiopulmonary resuscitation given or approved
41-25 by the American Heart Association or American Red Cross <not
41-26 earlier than one year> before the date on which the applicant
41-27 submits the application or, in the event that the applicant is not
42-1 physically capable of successfully completing such training, a
42-2 written statement executed by either a licensed physician or an
42-3 instructor in cardiopulmonary resuscitation approved by the
42-4 American Heart Association or American Red Cross that describes
42-5 such physical incapacity. The Board shall have authority to employ
42-6 the services of such examiners and clerks as may be needed to aid
42-7 the Board in the performance of such duties. The examination shall
42-8 be taken by all applicants on such subjects and operations
42-9 pertaining to dentistry and dental hygiene which shall include
42-10 Dental Anatomy, Pharmacology, X-Ray, Ethics, Jurisprudence, and
42-11 Hygiene, and such other subjects as are regularly taught in
42-12 reputable schools of dentistry and dental hygiene, as the Board in
42-13 its discretion may require. The examination shall be given orally
42-14 or in writing, or by giving a practical demonstration of the
42-15 applicant's skill or by any combination of such methods or subjects
42-16 as the Board may in its discretion require. The Board shall grade
42-17 each applicant upon the various phases of the examination and shall
42-18 report such grades to the applicant within a reasonable time after
42-19 such examination, and each applicant who has satisfactorily passed
42-20 all phases of the examination as determined by the Board shall be
42-21 entitled to and shall be issued a license permitting such applicant
42-22 to practice dental hygiene in the State of Texas as is defined and
42-23 regulated by the law of this State.
42-24 SECTION 17. Section 7, Article 4551f, Revised Statutes, is
42-25 amended to read as follows:
42-26 Sec. 7. (a) In this section, "person" means an individual,
42-27 corporation, association, partnership, or other private legal
43-1 entity.
43-2 (b) A person other than a dental laboratory or dental
43-3 technician may not fill a prescription for the preparation or
43-4 repair of a dental prosthetic appliance that is to be delivered by
43-5 a licensed dentist to a dental patient. <At the time the dental
43-6 prosthetic appliance is delivered to the dentist, the dental
43-7 laboratory that prepared or repaired the appliance must provide the
43-8 dentist its registration number as assigned by the Board and the
43-9 expiration date of its certificate of registration. The dental
43-10 laboratory must provide the number in writing.>
43-11 (c) A person may not offer or undertake to operate a dental
43-12 laboratory or to provide the services described in Section (1) of
43-13 this article unless the person holds a certificate of registration
43-14 issued by the board.
43-15 (d) At the time the dental prosthetic appliance is delivered
43-16 to the dentist, the dental laboratory that prepared or repaired the
43-17 appliance must provide the dentist its registration number as
43-18 assigned by the Board and the expiration date of its certificate of
43-19 registration. The dental laboratory must provide the number in
43-20 writing.
43-21 (e) <(d)> A dentist may not knowingly prescribe, order, or
43-22 receive a dental prosthetic appliance that is to be prepared or has
43-23 been prepared by an unregistered dental laboratory. <A dentist who
43-24 violates this subsection commits an offense. Except as provided by
43-25 Subsection (f) of this section, an offense under this subsection is
43-26 a Class C misdemeanor.>
43-27 (f) <(e)> A person who violates a subsection <Subsection (b)
44-1 or (c)> of this section commits an offense. <Except as provided by
44-2 Subsection (f) of this section, an> An offense under <this>
44-3 S<s>ubsections (b) or (c) is a third degree felony. An offense
44-4 under Subsections (d) or (e) is a Class C misdemeanor.
44-5 (g) <(f)> If it is shown on the trial of an offense under
44-6 this section that the defendant has previously been convicted under
44-7 subsections (d) and (e) <this section>, an offense <under this
44-8 section> is a Class A misdemeanor.
44-9 SECTION 18. Chapter 9, Title 71, Revised Statutes, is
44-10 amended by adding Article 4551n to read as follows:
44-11 Art. 4551n. EMPLOYMENT OF DENTISTS. (a) The Board shall,
44-12 on a form and under rules adopted by the Board, approve and certify
44-13 any health organization to employ dentists upon application by the
44-14 organization and presentation of satisfactory proof to the Board
44-15 that the organization:
44-16 (1) is a nonprofit corporation under the Texas
44-17 Non-Profit Corporation Act (Article 1396-1.01, Vernon's Texas Civil
44-18 Statutes) and Section 501(c)(3), Internal Revenue Code; and
44-19 (2) is organized and operated as a migrant, community,
44-20 or homeless health center under the authority of and in compliance
44-21 with 42 U.S.C. Section 254(b) or (c), or 256, to contract with or
44-22 employ dentists licensed by the Board.
44-23 (b) Any dentist providing dental services under Subsection
44-24 (a) of this section shall provide those services free of charge or
44-25 at a reduced fee commensurate with the patient's ability to pay in
44-26 strict compliance with the applicable provisions of 42 U.S.C.
44-27 Section 254(b) or (c), or 256.
45-1 (c) The Board may, at its discretion, refuse to approve or
45-2 certify any such health organization making application to the
45-3 Board if in the Board's determination the applying nonprofit
45-4 corporation is established or organized or operated in
45-5 contravention to or with the intent to circumvent any provisions of
45-6 this Act.
45-7 SECTION 19. (a) This Act takes effect September 1, 1993.
45-8 (b) As the terms of members of the State Board of Dental
45-9 Examiners expire or as vacancies on the board occur, the governor
45-10 shall appoint members to the board to achieve, as soon as possible,
45-11 the membership plan prescribed for the board by Article 4543a,
45-12 Revised Statutes, as amended by this Act.
45-13 (c) As soon as possible on or after the effective date of
45-14 this Act, the governor shall appoint three members to the Dental
45-15 Hygiene Advisory Council. In making the appointments, the governor
45-16 shall designate one member for a term expiring February 1, 1995,
45-17 one member for a term expiring February 1, 1997, and one member for
45-18 a term expiring February 1, 1999.
45-19 (d) The changes in law made by this Act in the
45-20 qualifications of, and the prohibitions applying to, members of the
45-21 State Board of Dental Examiners do not affect the entitlement of a
45-22 member serving on the board immediately before the effective date
45-23 of this Act to continue to hold office on the board for the term
45-24 for which the member was appointed. The changes in law apply only
45-25 to a member appointed on or after September 1, 1993.
45-26 (e) The changes in law made by this Act relating to a
45-27 penalty that may be imposed apply only to a violation of the Dental
46-1 Practice Act (Article 4543 et seq., Revised Statutes) or a rule
46-2 adopted by the State Board of Dental Examiners that occurs on or
46-3 after the effective date of this Act. A violation occurs on or
46-4 after the effective date of this Act only if each element of the
46-5 violation occurs on or after that date. A violation that occurs
46-6 before the effective date of this Act is governed by the law in
46-7 effect on the date the violation occurred, and the former law is
46-8 continued in effect for this purpose.
46-9 SECTION 20. The importance of this legislation and the
46-10 crowded condition of the calendars in both houses create an
46-11 emergency and an imperative public necessity that the
46-12 constitutional rule requiring bills to be read on three several
46-13 days in each house be suspended, and this rule is hereby suspended.