By: Counts H.B. No. 1685
73R4152 JD-D
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. Eight <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. Five <Three> members must be members of the general
2-3 public. A person is not eligible for appointment as a member if
2-4 the person:
2-5 (A) has ever had his license to practice
2-6 dentistry or dental hygiene revoked by the Board, provided that the
2-7 revocation has not been subsequently overturned by final order of a
2-8 court of law, based upon acts which, in the opinion of the Board,
2-9 violated any provision of the statutes of the State of Texas
2-10 relating to the practice of dentistry, dental hygiene, or any
2-11 provision of this chapter; or
2-12 (B) is an adverse party in civil litigation
2-13 against the Board.
2-14 (2) A person is not eligible for appointment as a
2-15 public member if the person or the person's spouse:
2-16 (A) is registered, certified, or licensed by an
2-17 occupational regulatory agency in the field of health care;
2-18 (B) is employed by or participates in the
2-19 management of a business entity or other organization that is
2-20 regulated by the Board or receives funds from the Board <provides
2-21 health-care services or that sells, manufactures, or distributes
2-22 health-care supplies or equipment>;
2-23 (C) owns, controls, or has, directly or
2-24 indirectly, more than a 10 percent interest in a business entity or
2-25 other organization that is regulated by the Board or receives funds
2-26 from the Board <provides health-care services or that sells,
2-27 manufactures, or distributes health-care supplies or equipment>; or
3-1 (D) uses or receives a substantial amount of
3-2 tangible goods, services, or funds from the Board, other than
3-3 compensation or reimbursement authorized by law for Board
3-4 membership, attendance, or expenses <is employed by an individual
3-5 serving as a member of the Board>.
3-6 (b) Appointments to the Board shall be made without regard
3-7 to the race, color, disability <creed>, sex, religion, age, or
3-8 national origin of the appointees. In making appointments under
3-9 this section, the Governor shall attempt to appoint members of
3-10 different minority groups including females, African-Americans,
3-11 Hispanic-Americans, Native Americans, and Asian-Americans.
3-12 (c) All members of the Board shall have full and identical
3-13 privileges, except that only dentist members may participate in
3-14 passing or failing applicants for a license to practice dentistry
3-15 during the clinical portion of the Board examinations for dentists.
3-16 Sec. 3. (a) An officer, employee, or paid consultant of a
3-17 Texas trade association in the field of health care may not be a
3-18 member or employee of the Board who is exempt from the state's
3-19 position classification plan or is compensated at or above the
3-20 amount prescribed by the General Appropriations Act for step 1,
3-21 salary group 17, of the position classification salary schedule.
3-22 (b) A person who is the spouse of an officer, manager, or
3-23 paid consultant of a Texas trade association in the field of health
3-24 care may not be a Board member and may not be a Board employee who
3-25 is exempt from the state's position classification plan or is
3-26 compensated at or above the amount prescribed by the General
3-27 Appropriations Act for step 1, salary group 17, of the position
4-1 classification salary schedule.
4-2 (c) A person may not serve as a member of the Board or act
4-3 as general counsel to the Board if the person is required to
4-4 register as a lobbyist under Chapter 305, Government Code, because
4-5 of the person's activities for compensation on behalf of a
4-6 profession related to the operation of the Board.
4-7 (d) For purposes of this section, a Texas trade association
4-8 is a nonprofit, cooperative, and voluntarily joined association of
4-9 business or professional competitors in this state designed to
4-10 assist its members and its industry or profession in dealing with
4-11 mutual business or professional problems and in promoting their
4-12 common interest. <A member or employee of the Board may not be an
4-13 officer, employee, or paid consultant of a trade association in the
4-14 dental industry. A member or employee of the Board may not be
4-15 related within the second degree by affinity or within the second
4-16 degree by consanguinity, as determined under Article 5996h, Revised
4-17 Statutes, to a person who is an officer, employee, or paid
4-18 consultant of a trade association in the regulated industry. A
4-19 person who is required to register as a lobbyist under Chapter 305,
4-20 Government Code, by virtue of the person's activities on behalf of
4-21 a trade or professional association in the profession regulated by
4-22 the Board, may not serve as a member of the Board or act as the
4-23 general counsel to the Board.>
4-24 Sec. 4. (a) It is a ground for removal from the Board if a
4-25 member:
4-26 (1) does not have at the time of appointment the
4-27 qualifications required by Section 1 of this article for
5-1 appointment to the Board;
5-2 (2) does not maintain during the service on the Board
5-3 the qualifications required by Section 1 of this article for
5-4 appointment to the Board;
5-5 (3) violates a prohibition established by Section 3 of
5-6 this article; <or>
5-7 (4) fails to attend at least one-half of the regularly
5-8 scheduled meetings that the member is eligible to attend during a
5-9 calendar <held each> year, unless the absence is excused by
5-10 majority vote of the Board; or
5-11 (5) cannot discharge the member's duties for a
5-12 substantial part of the term for which the member is appointed
5-13 because of illness or disability.
5-14 (b) The validity of an action of the Board is not affected
5-15 by the fact that it was taken when a ground for removal of a member
5-16 of the Board existed.
5-17 (c) If the Executive Director of the Board has knowledge
5-18 that a potential ground for removal exists, the Executive Director
5-19 shall notify the President of the Board of the ground. The
5-20 President shall then notify the governor that a potential ground
5-21 for removal exists <informed in writing of a violation that
5-22 constitutes a ground under Subsection (a) of this section for the
5-23 removal of a member of the Board, the Board shall include on the
5-24 agenda of its next regularly scheduled meeting a review of the
5-25 alleged violation. After review, the Board shall report its
5-26 findings to the Governor for appropriate action consistent with
5-27 Article XV, Section 9, of the Texas Constitution>.
6-1 Sec. 5. (a) Each Board member shall comply with the Board
6-2 member training requirements established by any other state agency
6-3 that is given authority to establish the requirements for the
6-4 Board.
6-5 (b) The Board shall provide to its members and employees, as
6-6 often as necessary, information regarding their qualifications for
6-7 office or employment under this article and their responsibilities
6-8 under applicable laws relating to standards of conduct for state
6-9 officers or employees.
6-10 SECTION 2. Article 4543b, Revised Statutes, is amended to
6-11 read as follows:
6-12 Art. 4543b. Sunset Provision. The State Board of Dental
6-13 Examiners is subject to Chapter 325, Government Code (Texas Sunset
6-14 Act). Unless continued in existence as provided by that chapter,
6-15 the board is abolished September 1, 2005 <1993>.
6-16 SECTION 3. Sections 1 and 5, Article 4544, Revised Statutes,
6-17 are amended to read as follows:
6-18 Sec. 1. (a) It shall be the duty of the Board to examine
6-19 all applicants for license to practice dentistry in this State.
6-20 Each person applying for an examination shall pay to said Board a
6-21 fee set by the Board and shall be granted a license to practice
6-22 dentistry in this State upon his satisfactorily passing an
6-23 examination given by said Board on subjects and operations
6-24 pertaining to dentistry which shall include Anatomy, Physiology,
6-25 Anaesthesia, Biochemistry, Dental Materials, Diagnosis, Treatment
6-26 Planning, Ethics, Jurisprudence, Hygiene, Pharmacology, Operative
6-27 Dentistry, Oral Surgery, Orthodontia, Periodontia, Prosthetic
7-1 Dentistry, Pathology, Microbiology, and such other subjects as are
7-2 regularly taught in reputable Dental Schools as the Board may in
7-3 its discretion require. The examination shall be given either
7-4 orally or in writing, or by giving a practical demonstration of the
7-5 applicant's skill, or by any combination of such methods or
7-6 subjects as the Board may in its discretion require. The Board
7-7 shall have the written portion of the examination validated by an
7-8 independent testing professional.
7-9 (b) The Board by rule shall set the number of and conditions
7-10 for examination retakes. The Board may require an applicant who
7-11 fails the examination to meet additional education requirements set
7-12 by the Board.
7-13 Sec. 5. (a) The Board shall develop a mandatory continuing
7-14 education program.
7-15 (b) The Board by rule shall:
7-16 (1) establish the minimum hours of continuing
7-17 education required for license renewal;
7-18 (2) identify the key factors that lead to the
7-19 competent performance of professional duties under this Act;
7-20 (3) develop a process to evaluate and approve
7-21 continuing education courses; and
7-22 (4) develop a process to assess a licensee's
7-23 participation and performance in continuing education courses that
7-24 will enable the Board to evaluate the overall effectiveness of the
7-25 program.
7-26 (c) The Board is authorized to assess the continuing
7-27 education needs of licensees and may require licensees to attend
8-1 continuing education courses specified by the Board <may recognize,
8-2 prepare, or carry out continuing education programs for persons it
8-3 licenses or certifies. Participation in the programs is
8-4 voluntary>.
8-5 SECTION 4. Article 4545a, Revised Statutes, is amended to
8-6 read as follows:
8-7 Art. 4545a. PROVISIONAL LICENSE <RECIPROCAL ARRANGEMENTS>.
8-8 (a) The State Board of Dental Examiners may, in the discretion of
8-9 the Board in each instance, upon payment by the applicant for
8-10 registration of a fee set by the Board, grant a provisional license
8-11 to an applicant who presents proof of current licensure in another
8-12 state, including the District of Columbia, or territory of the
8-13 United States that maintains professional standards considered by
8-14 the Board to be equivalent to those set forth in this Act. An
8-15 applicant for a provisional license under this article must:
8-16 (1) be licensed in good standing as a dentist or
8-17 dental hygienist in another state, the District of Columbia, or a
8-18 territory of the United States that has licensing requirements that
8-19 are substantially equivalent to the requirements of this Act;
8-20 (2) have passed a national or other examination
8-21 recognized by the Board relating to dentistry or dental hygiene;
8-22 and
8-23 (3) be sponsored by a person licensed by the Board
8-24 under this Act with whom the provisional license holder may
8-25 practice under this article.
8-26 (b) An applicant for a provisional license may be excused
8-27 from the requirement of Section (a)(3) of this article if the Board
9-1 determines that compliance with that section constitutes a hardship
9-2 to the applicant.
9-3 (c) A provisional license is valid until the date the Board
9-4 approves or denies the provisional license holder's application for
9-5 a license. The Board shall issue a license under this Act to the
9-6 holder of a provisional license under this article if:
9-7 (1) the provisional license holder passes the
9-8 examination required by this Act;
9-9 (2) the Board verifies that the provisional license
9-10 holder has the academic and experience requirements for a license
9-11 under this Act; and
9-12 (3) the provisional license holder satisfies any other
9-13 license requirements under this Act.
9-14 (d) The Board must complete the processing of a provisional
9-15 license holder's application for a license not later than the 180th
9-16 day after the date the provisional license is issued <license to
9-17 practice dentistry to any reputable dentist who is a graduate of a
9-18 reputable dental college or has qualified on examination for the
9-19 certificate of dental qualification for a commission as a dentist
9-20 in the Armed Forces of the United States and to licentiates of
9-21 other States or territories having requirements for dental
9-22 registration and practice equal to those established by this law.
9-23 Applications for license under the provisions of this Article shall
9-24 be in writing and upon a form to be prescribed by the State Board
9-25 of Dental Examiners. Said application shall be accompanied by a
9-26 diploma or a photograph thereof, awarded to the applicant by a
9-27 reputable dental college, or a certified transcript of the
10-1 certificate or license or commission issued to the applicant by the
10-2 Armed Forces of the United States, or by a license or a certified
10-3 copy of license to practice dentistry, lawfully issued to the
10-4 applicant by some other State or territory; and shall also be
10-5 accompanied by an affidavit from an executive officer of the Armed
10-6 Forces of the United States, the President or Secretary of the
10-7 Board of Dental Examiners who issued the said license, or by a
10-8 legally constituted dental registration officer of the State or
10-9 territory in which the certificate or license was granted upon
10-10 which the applications for dental registration in Texas is based.
10-11 Said affidavit shall recite that the accompanying certificate or
10-12 license has not been cancelled or revoked except by honorable
10-13 discharge by the Armed Forces of the United States, and that the
10-14 statement of qualifications made in the application for dental
10-15 registration in Texas is true and correct. Applicants for license
10-16 under the provisions of this Article shall subscribe to an oath in
10-17 writing which shall be a part of said application, stating that the
10-18 license, certificate, or authority under which the applicant
10-19 practiced dentistry in the State or territory from which the
10-20 applicant removed, was at the time of such removal in full force
10-21 and not suspended or cancelled; that the applicant is the identical
10-22 person to whom the said certificate, license, or commission and the
10-23 said dental diploma were issued, and that no proceeding was pending
10-24 at the time of such removal, or is at the present time pending
10-25 against the applicant for the cancellation of such certificate,
10-26 license or authority to practice dentistry in the State or
10-27 territory in which the same was issued, and that no prosecution was
11-1 then, or is at the time of the application, pending against the
11-2 applicant in any State or Federal Court for any offense which under
11-3 the law of Texas is a felony>.
11-4 SECTION 5. Chapter 9, Title 71, Revised Statutes, is amended
11-5 by adding Article 4545b to read as follows:
11-6 Art. 4545b. TEMPORARY LICENSE; INACTIVE STATUS. (a) The
11-7 Board by rule may provide for the issuance of a temporary license.
11-8 (b) The Board by rule may provide for a person who holds a
11-9 license under this Act to be placed on inactive status. Rules
11-10 adopted under this article shall include a time limit for a
11-11 licensee to remain on inactive status.
11-12 SECTION 6. Section 1(a), Article 4548f, Revised Statutes, is
11-13 amended to read as follows:
11-14 (a) It shall be unlawful for any person, firm, or
11-15 corporation to engage in false, misleading, or deceptive
11-16 advertising arising out of or in connection with the practice of
11-17 dentistry. The Board may not adopt rules restricting competitive
11-18 bidding or advertising by a person regulated by the Board except to
11-19 prohibit false, misleading, or deceptive practices by the person.
11-20 The Board may not include in its rules to prohibit false,
11-21 misleading, or deceptive practices by a person regulated by the
11-22 Board a rule that:
11-23 (1) restricts the use of any medium for advertising;
11-24 (2) restricts the person's personal appearance or use
11-25 of the person's voice in an advertisement;
11-26 (3) relates to the size or duration of an
11-27 advertisement by the person; or
12-1 (4) restricts the person's advertisement under a trade
12-2 name. <Provided, however, nothing herein shall be construed to
12-3 restrict or prohibit:>
12-4 <(1) the type of advertising medium;>
12-5 <(2) the size or duration of any advertisement;>
12-6 <(3) the truthful advertising of prices for any type
12-7 of dental services;>
12-8 <(4) the use of agents or employees in advertising;>
12-9 <(5) a person's personal appearance or use of his
12-10 personal voice in an advertisement.>
12-11 SECTION 7. Article 4548h, Revised Statutes, is amended to
12-12 read as follows:
12-13 Art. 4548h. COMPLAINTS; REFUSING, REVOKING, CANCELLING, AND
12-14 SUSPENDING LICENSES
12-15 Sec. 1. <AUTHORITY TO GRANT LICENSE.> (a) The State Board
12-16 of Dental Examiners shall keep an information file about each
12-17 complaint filed with the Board. The Board's information file shall
12-18 be kept current and contain a record for each complaint of:
12-19 (1) all persons contacted in relation to the
12-20 complaint;
12-21 (2) a summary of findings made at each step of the
12-22 complaint process;
12-23 (3) an explanation of the legal basis and reason for a
12-24 complaint that is dismissed; and
12-25 (4) other relevant information.
12-26 (b) If a written complaint is filed with the Board that the
12-27 Board has authority to resolve, the Board, at least as frequently
13-1 as quarterly and until final disposition of the complaint, shall
13-2 notify the parties to the complaint of the status of the complaint
13-3 unless the notice would jeopardize an undercover investigation.
13-4 (c) The Board by rule shall adopt a form to standardize
13-5 information concerning complaints made to the Board. The Board by
13-6 rule shall prescribe information to be provided to a person when
13-7 the person files a complaint with the Board.
13-8 (d) The Board shall provide reasonable assistance to a
13-9 person who wishes to file a complaint with the Board.
13-10 (e) The Board shall adopt rules concerning the investigation
13-11 of a complaint filed with the Board. The rules adopted under this
13-12 subsection shall:
13-13 (1) distinguish between categories of complaints;
13-14 (2) ensure that complaints are not dismissed without
13-15 appropriate consideration;
13-16 (3) require that the Board be advised of a complaint
13-17 that is dismissed and that a letter be sent to the person who filed
13-18 the complaint explaining the action taken on the dismissed
13-19 complaint;
13-20 (4) ensure that the person who filed the complaint has
13-21 an opportunity to explain the allegations made in the complaint;
13-22 and
13-23 (5) prescribe guidelines concerning the categories of
13-24 complaints that require the use of a private investigator and the
13-25 procedures for the Board to obtain the services of a private
13-26 investigator.
13-27 (f) The Board shall dispose of all complaints in a timely
14-1 manner. The Board shall establish a schedule for conducting each
14-2 phase of a complaint that is under the control of the Board not
14-3 later than the 30th day after the date the complaint is received by
14-4 the Board. The schedule shall be kept in the information file for
14-5 the complaint and all parties shall be notified of the projected
14-6 time requirements for pursuing the complaint. A change in the
14-7 schedule must be noted in the complaint information file and all
14-8 parties to the complaint must be notified not later than the
14-9 seventh day after the date the change is made.
14-10 (g) The Executive Director of the Board shall notify the
14-11 Board of a complaint that extends beyond the time prescribed by the
14-12 Board for resolving the complaint so that the Board may take
14-13 necessary action on the complaint.
14-14 (h) The Board by rule shall adopt procedures governing:
14-15 (1) informal disposition of a contested case under
14-16 Section 13(e), Administrative Procedure and Texas Register Act
14-17 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
14-18 subsequent amendments; and
14-19 (2) informal proceedings held in compliance with
14-20 Section 18(c), Administrative Procedure and Texas Register Act
14-21 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
14-22 subsequent amendments.
14-23 (i) Rules adopted under this section must provide the
14-24 complainant and the licensee an opportunity to be heard and must
14-25 require the presence of a representative of the office of the
14-26 attorney general to advise the Board or Board's employees <be and
14-27 they are hereby authorized to refuse to grant a license to practice
15-1 dentistry to any person or persons who have been guilty, in the
15-2 opinion of said Board, of violating any of the provisions of the
15-3 Statutes of the State of Texas relating to the practice of
15-4 dentistry, or any provisions of Chapter 9, Title 71, Revised Civil
15-5 Statutes of Texas, 1925, as amended, within twelve (12) months
15-6 prior to the filing of an application for such license>.
15-7 Sec. 2. <REVOCATION, CANCELLATION, OR SUSPENSION OF
15-8 LICENSE.> (a) The <State> Board <of Dental Examiners> shall
15-9 revoke, cancel or suspend any license or licenses that may have
15-10 been issued by such Board, place on probation a person whose
15-11 license has been suspended, or reprimand a licensee if in the
15-12 opinion of a majority of such Board, any person or persons to whom
15-13 a license has been issued by said Board to practice dentistry in
15-14 this State, shall have, after the issuance of such license,
15-15 violated any of the provisions of the Statutes of the State of
15-16 Texas relating to the practice of dentistry in this State, or any
15-17 of the provisions of Chapter 9, Title 71, Revised Civil Statutes of
15-18 Texas, 1925, as amended, or any amendments that may hereafter be
15-19 made thereto, or a rule of the Board. All revocations,
15-20 cancellations or suspensions of licenses by the Texas State Board
15-21 of Dental Examiners shall be made in the manner provided by the
15-22 Administrative Procedure and Texas Register Act (Article 6252-13a,
15-23 Vernon's Texas Civil Statutes).
15-24 (b) All complaints to be considered by the Board under this
15-25 article shall be made in writing, subscribed and sworn to by the
15-26 person presenting such complaint, which complaint shall set out the
15-27 alleged violations of such Statutes or rules and declaring it to be
16-1 the opinion of the person presenting such complaint that the person
16-2 or persons so accused have so violated said Statutes or rules.
16-3 (c) All complaints under this article as received shall be
16-4 filed with the Secretary of the Board or an authorized employee of
16-5 the Board. When a complaint is made by a member of the Board, its
16-6 agents or employees, the Secretary of the Board shall cause such
16-7 complaint to be docketed on its records in the name of the Texas
16-8 State Board of Dental Examiners versus the person against whom such
16-9 complaint has been made, and shall mail a copy of such docketed
16-10 complaint by registered mail to the accused person under the
16-11 jurisdiction of the Texas State Board of Dental Examiners charged
16-12 with having violated such Statutes or rules. When a complaint is
16-13 made by others than the members of the Board, its agents or
16-14 employees, the Board or its duly authorized representative shall
16-15 cause an investigation of such complaint to be made to determine
16-16 the facts in such case, and if the facts as determined by such
16-17 investigation, in the discretion of the Secretary of the Board,
16-18 justify the docketing of such complaint for hearing before the
16-19 Board, then the Secretary of the Board shall cause such complaint
16-20 to be docketed on its records in the name of the Texas State Board
16-21 of Dental Examiners versus the person against whom such complaint
16-22 has been made, and shall mail a copy of such docketed complaint by
16-23 registered mail to the accused person under the jurisdiction of the
16-24 Texas State Board of Dental Examiners charged with having violated
16-25 such Statutes or rules.
16-26 (d) If a licensee suspension is probated, the Board may
16-27 require the practitioner:
17-1 (1) to report regularly to the Board on matters that
17-2 are the basis of the probation;
17-3 (2) to limit practice to the areas prescribed by the
17-4 Board; or
17-5 (3) to continue or review professional education until
17-6 the practitioner attains a degree of skill satisfactory to the
17-7 Board in those areas that are the basis of the probation.
17-8 (e) If the Board or an executive committee of the Board
17-9 determines from the evidence or information presented to it that a
17-10 person licensed under this Act by continuation in practice would
17-11 constitute a continuing threat to the public welfare, the Board or
17-12 the executive committee of the Board shall temporarily suspend the
17-13 license of that person. The license may be suspended under this
17-14 section without notice or hearing on the complaint, provided
17-15 institution of proceedings for a hearing before the Board is
17-16 initiated simultaneously with the temporary suspension and provided
17-17 that a hearing is held as soon as can be accomplished under the
17-18 Administrative Procedure and Texas Register Act (Article 6252-13a,
17-19 Vernon's Texas Civil Statutes), and its subsequent amendments, and
17-20 this Act.
17-21 Sec. 3. <Appeal to Court.> (a) A person aggrieved by a
17-22 ruling, order, or decision of the Board under this article has the
17-23 right to appeal to a district court in the county of his residence
17-24 or in the county where the alleged offense occurred within thirty
17-25 (30) days from the service of notice of the action of the <State>
17-26 Board <of Dental Examiners>.
17-27 (b) The appeal having been properly filed, the court may
18-1 request of the Board and the Board on receiving the request shall
18-2 within thirty (30) days prepare and transmit to the court a
18-3 certified copy of its entire record in the matter in which the
18-4 appeal has been taken. The appeal shall be tried in accordance
18-5 with the Texas Rules of Civil Procedure.
18-6 (c) <In the event an appeal is taken by a licensee, the
18-7 appeal shall act as a supersedeas providing the appealing party
18-8 files a bond as the court may direct, and the court shall dispose
18-9 of the appeal and enter its decision promptly.>
18-10 <(d)> If an aggrieved person fails to perfect an appeal as
18-11 provided in this section, the Board's ruling shall become final.
18-12 (d) <(e)> Review by the court shall be by the substantial
18-13 evidence rule and not de novo.
18-14 Sec. 4. <Additional Offices.> No statute relating to the
18-15 practice of dentistry in this State shall be construed to prohibit
18-16 any duly authorized, licensed, and registered dentist from
18-17 maintaining any number of offices in this State, provided said
18-18 dentist assumes full legal responsibility and liability for the
18-19 dental services rendered in such offices and further provided that
18-20 the dentist complies with such requirements as may be prescribed by
18-21 the Board in its Rules <and Regulations> for the purpose of
18-22 protecting the health and safety of the patients receiving dental
18-23 care at such offices.
18-24 SECTION 8. Article 4548i, Revised Statutes, is amended to
18-25 read as follows:
18-26 Art. 4548i. PUNISHMENT. Any person who shall violate any
18-27 provision of Chapter Nine, Title 71, Revised Statutes, commits an
19-1 offense. An offense under this section is a <Class A misdemeanor.
19-2 If it is shown at a trial of an offense under this section that the
19-3 defendant was previously convicted under this section of any
19-4 misdemeanor, the offense is a> felony of the third degree. Each
19-5 day of such violation shall be a separate offense.
19-6 SECTION 9. Chapter 9, Title 71, Revised Statutes, is amended
19-7 by adding Article 4548j to read as follows:
19-8 Art. 4548j. ADMINISTRATIVE PENALTY. (a) If a person
19-9 licensed or regulated under this Act violates a provision of this
19-10 Act or a rule or order adopted by the Board under this Act, the
19-11 Board may assess an administrative penalty against the person as
19-12 provided by this article.
19-13 (b) The penalty for each violation may be in an amount not
19-14 to exceed $5,000. Each day a violation continues or occurs may be
19-15 considered a separate violation for purposes of penalty
19-16 assessments.
19-17 (c) In determining the amount of the penalty, the Executive
19-18 Director of the Board shall consider:
19-19 (1) the seriousness of the violation, including but
19-20 not limited to the nature, circumstances, extent, and gravity of
19-21 the prohibited acts, and the hazard or potential hazard created to
19-22 the health or safety of the public;
19-23 (2) the economic damage to property or the environment
19-24 caused by the violation;
19-25 (3) the history of previous violations;
19-26 (4) the amount necessary to deter future violations;
19-27 (5) efforts to correct the violation; and
20-1 (6) any other matter that justice may require.
20-2 (d) If, after investigation of a possible violation and the
20-3 facts surrounding that possible violation, the Executive Director
20-4 determines that a violation has occurred, the Executive Director
20-5 may issue a violation report stating the facts on which the
20-6 conclusion that a violation occurred is based, recommending that an
20-7 administrative penalty under this article be imposed on the person
20-8 charged, and recommending the amount of that proposed penalty. The
20-9 Executive Director shall base the recommended amount of the
20-10 proposed penalty on the seriousness of the violation determined by
20-11 consideration of the factors set forth in Section (c) of this
20-12 article.
20-13 (e) Not later than the 14th day after the date on which the
20-14 report is issued, the Executive Director shall give written notice
20-15 of the report to the person charged. The notice shall include a
20-16 brief summary of the charges, a statement of the amount of the
20-17 penalty recommended, and a statement of the right of the person
20-18 charged to a hearing on the occurrence of the violation or the
20-19 amount of the penalty, or both the occurrence of the violation and
20-20 the amount of the penalty.
20-21 (f) Not later than the 20th day after the date on which
20-22 notice is received, the person charged may accept the determination
20-23 of the Executive Director made under Section (d) of this article,
20-24 including the recommended penalty, or make a written request for a
20-25 hearing on the determination.
20-26 (g) If the person charged with the violation accepts the
20-27 determination of the Executive Director, the Board shall issue an
21-1 order approving the determination and ordering the payment of the
21-2 recommended penalty.
21-3 (h) If the person charged requests a hearing or fails to
21-4 timely respond to the notice, the Executive Director shall set a
21-5 hearing and give notice of the hearing. The hearing shall be held
21-6 by the State Office of Administrative Hearings. The State Office
21-7 of Administrative Hearings shall make findings of fact and
21-8 conclusions of law and promptly issue to the Board a proposal for
21-9 decision as to the occurrence of the violation, including a
21-10 recommendation as to the amount of the proposed penalty if a
21-11 penalty is warranted. Based on the findings of fact, conclusions
21-12 of law, and recommendations of the hearing examiner, the Board by
21-13 order may find a violation has occurred and may assess a penalty or
21-14 may find that no violation has occurred. All proceedings under
21-15 this section are subject to the Administrative Procedure and Texas
21-16 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
21-17 its subsequent amendments.
21-18 (i) The Executive Director shall give notice of the Board's
21-19 order to the person charged. The notice shall include:
21-20 (1) the findings of fact and conclusions of law
21-21 separately stated;
21-22 (2) the amount of the penalty ordered, if any;
21-23 (3) a statement of the right of the person charged to
21-24 judicial review of the Board's order, if any; and
21-25 (4) other information required by law.
21-26 (j) Within the 30-day period immediately following the day
21-27 on which the order becomes final as provided by Section 16(c),
22-1 Administrative Procedure and Texas Register Act (Article 6252-13a,
22-2 Vernon's Texas Civil Statutes), and its subsequent amendments, the
22-3 person charged with the penalty shall:
22-4 (1) pay the penalty in full; or
22-5 (2) if the person files a petition for judicial review
22-6 contesting either the amount of the penalty or the fact of the
22-7 violation or contesting both the fact of the violation and the
22-8 amount of the penalty:
22-9 (A) forward the amount to the Executive Director
22-10 for placement in an escrow account; or
22-11 (B) in lieu of payment into escrow, post with
22-12 the Executive Director a supersedeas bond in a form approved by the
22-13 Executive Director for the amount of the penalty, the bond to be
22-14 effective until all judicial review of the order or decision is
22-15 final.
22-16 (k) If a person charged is financially unable to either
22-17 forward the amount of the penalty for placement in an escrow
22-18 account or post a supersedeas bond for the amount of the penalty,
22-19 the person may satisfy the requirements of Section (j)(2) of this
22-20 article by filing with the Executive Director an affidavit sworn by
22-21 the person charged, stating that the person is financially unable
22-22 to either forward the amount of the penalty or post a bond.
22-23 (l) Failure to forward the money to or to post the bond or
22-24 file the affidavit with the Executive Director within the time
22-25 provided by Section (j) of this article results in a waiver of all
22-26 legal rights to judicial review. Also, if the person charged fails
22-27 to pay the penalty in full as provided under Section (j)(1) of this
23-1 article or forward the money, post the bond, or file the affidavit
23-2 as provided by Section (j) or (k) of this article, the Executive
23-3 Director may forward the matter to the attorney general for
23-4 enforcement.
23-5 (m) Judicial review of the order or decision of the Board
23-6 assessing the penalty shall be under the substantial evidence rule
23-7 and shall be instituted by filing a petition with a district court
23-8 in Travis County, as provided by Section 19, Administrative
23-9 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
23-10 Civil Statutes), and its subsequent amendments.
23-11 (n) If the penalty is reduced or not assessed by the court,
23-12 the Executive Director shall remit to the person charged the
23-13 appropriate amount plus accrued interest if the penalty has been
23-14 paid or shall execute a release of the bond if a supersedeas bond
23-15 has been posted. The accrued interest on amounts remitted by the
23-16 Executive Director under this section shall be paid at a rate equal
23-17 to the rate charged on loans to depository institutions by the New
23-18 York Federal Reserve Bank and shall be paid for the period
23-19 beginning on the date the penalty is paid to the Executive Director
23-20 under Section (j) of this article and ending on the date the
23-21 penalty is remitted.
23-22 (o) A penalty collected under this article for a violation
23-23 by a person licensed or regulated under this Act shall be deposited
23-24 in the state general revenue fund.
23-25 SECTION 10. Article 4549, Revised Statutes, is amended to
23-26 read as follows:
23-27 Art. 4549. REFUSAL TO EXAMINE OR ISSUE LICENSE; JUDICIAL
24-1 SUSPENSIONS AND REVOCATIONS <DISCIPLINARY ACTIONS>
24-2 Sec. 1. The <Texas> State Board of Dental Examiners shall
24-3 have authority to refuse to examine any person or refuse to issue a
24-4 dental license or a dental hygienist license to any person for any
24-5 one or more of the following causes:
24-6 (a) Proof of presentation to the Board of any
24-7 dishonest or fake evidence of qualification, or being guilty of any
24-8 illegality, fraud or deception in the process of examination, or
24-9 for the purpose of securing a license or certificate.
24-10 (b) Proof of chronic or habitual intoxication or
24-11 addiction to drugs on the part of the applicant.
24-12 (c) Proof that the applicant has been guilty of
24-13 dishonest or illegal practices in or connected with the practice of
24-14 dentistry or dental hygiene.
24-15 (d) Proof of conviction of the applicant of a felony
24-16 involving moral turpitude under the laws of this State or any other
24-17 State or of the United States.
24-18 (e) Proof that the applicant violated any of the
24-19 provisions of the Statutes of the State of Texas relating to the
24-20 practice of dentistry, or any provisions of Chapter 9, Title 71,
24-21 Revised Statutes, and its subsequent amendments, within 12 months
24-22 before the filing of an application for the license.
24-23 Sec. 2. <The provisions of this Article relating to the
24-24 suspension or revocation of a license do not apply to a person
24-25 convicted of a felony under Chapter 481, Health and Safety Code,
24-26 Section 485.033, Health and Safety Code, or Chapter 483, Health and
24-27 Safety Code.>
25-1 <Sec. 3.> The <Texas State Board of Dental Examiners and
25-2 the> District Courts of this State shall have <concurrent>
25-3 jurisdiction and authority, after notice and hearing <as
25-4 hereinafter provided>, to suspend or revoke a dental license or a
25-5 dental hygienist license, to place on probation a person whose
25-6 license or certificate is suspended, or to reprimand a licensee or
25-7 certificate holder, and in addition to or in lieu of said
25-8 suspension, revocation, probation, or reprimand, to assess a fine
25-9 in an amount not to exceed $2,500 payable to the dental
25-10 registration fund for any one or more of the following causes:
25-11 (a) Proof of insanity of the holder of a license or
25-12 certificate, as adjudged by the regularly constituted authorities.
25-13 (b) Proof of conviction of the holder of a license or
25-14 certificate of any felony or a misdemeanor involving fraud under
25-15 the laws of this State or any other State or of the United States.
25-16 (c) That the holder thereof has been or is guilty of
25-17 dishonorable conduct, malpractice or gross incompetency in the
25-18 practice of dentistry or dental hygiene.
25-19 (d) That the holder thereof has been or is guilty of
25-20 any deception or misrepresentation for the purpose of soliciting or
25-21 obtaining patronage.
25-22 (e) That the holder thereof procured a license or
25-23 certificate through fraud or misrepresentation.
25-24 (f) That the holder thereof is addicted to habitual
25-25 intoxication or the use of drugs.
25-26 (g) That a dentist employs or permits or has employed
25-27 or permitted persons to practice dentistry in the office or offices
26-1 under his control or management, who were not licensed to practice
26-2 dentistry.
26-3 (h) That the holder thereof has failed to use proper
26-4 diligence in the conduct of his practice or to safeguard his
26-5 patients against avoidable infections.
26-6 (i) That the holder thereof has failed or refused to
26-7 comply with any State law relating to the regulation of dentists or
26-8 dental hygienists.
26-9 (j) That the holder thereof has failed or refused to
26-10 comply with the adopted and promulgated rules and regulations of
26-11 the Board.
26-12 (k) That the holder thereof is physically or mentally
26-13 incapable of practicing with safety to dental patients.
26-14 (l) That the holder thereof has been negligent in the
26-15 performance of dental services which injured or damaged dental
26-16 patients.
26-17 (m) Proof of suspension, revocation, probation,
26-18 reprimand, or other restriction by another State of a license or
26-19 certificate to practice dentistry or dental hygiene based upon acts
26-20 by the licensee or certificate holder enumerated in this section.
26-21 (n) That the holder thereof has knowingly provided or
26-22 agreed to provide dental care in a manner which violates any
26-23 provision of federal or State law regulating a plan whereby any
26-24 person undertakes to provide, arrange for, pay for, or reimburse
26-25 any part of the cost of any dental care services or regulating the
26-26 business of insurance.
26-27 Sec. 3 <4>. (a) If the Board proposes to refuse to examine
27-1 a person, <to suspend or revoke a license or certificate, to place
27-2 on probation a person whose license or certificate has been
27-3 suspended, or to reprimand a licensee or certificate holder,> the
27-4 person is entitled to a hearing before the Board.
27-5 (b) The hearing under this section and an appeal from the
27-6 hearing under this section are governed by the Administrative
27-7 Procedure and Texas Register Act, as amended (Article 6252-13a,
27-8 Vernon's Texas Civil Statutes).
27-9 <Sec. 5. (a) All complaints to be considered by the Board
27-10 shall be made in writing, subscribed and sworn to by the person
27-11 presenting such complaint, which complaint shall set out the
27-12 alleged violations of such Statutes or rules and declaring it to be
27-13 the opinion of the person presenting such complaint that the person
27-14 or persons so accused have so violated said Statutes or rules.>
27-15 <(b) All complaints as received shall be filed with the
27-16 Secretary of the Board or an authorized employee of the Board.
27-17 When a complaint is made by a member of the Board, its agents or
27-18 employees, the Secretary of the Board or its authorized employee
27-19 shall cause such complaint to be docketed on its records in the
27-20 name of the Texas State Board of Dental Examiners versus the person
27-21 against whom such complaint has been made, and shall mail a copy of
27-22 such docketed complaint by registered or certified mail to the
27-23 accused person under the jurisdiction of the Texas State Board of
27-24 Dental Examiners charged with having violated such Statutes or
27-25 rules. When a complaint is made by others than the members of the
27-26 Board, its agents or employees, the Board or its duly authorized
27-27 representative shall cause an investigation of such complaint to be
28-1 made to determine the facts in such case, and if the facts as
28-2 determined by such investigation, in the discretion of the
28-3 Secretary of the Board or its authorized employee, justify the
28-4 docketing of such complaint for hearing before the Board, then the
28-5 Secretary of the Board or its authorized employee shall cause such
28-6 complaint to be docketed on its records in the name of the Texas
28-7 State Board of Dental Examiners versus the person against whom such
28-8 complaint has been made, and shall mail a copy of such docketed
28-9 complaint by registered or certified mail to the accused person
28-10 under the jurisdiction of the Texas State Board of Dental Examiners
28-11 charged with having violated such Statutes or rules.>
28-12 <(c) The Board shall keep an information file about each
28-13 complaint filed with the Board relating to a licensee or
28-14 certificate holder. If a written complaint is filed with the Board
28-15 relating to a licensee or certificate holder, the Board, at least
28-16 as frequently as quarterly and until final disposition of the
28-17 complaint, shall notify the parties to the complaint of the status
28-18 of the complaint unless the notice would jeopardize an undercover
28-19 investigation.>
28-20 <(d) The Board may request a dental peer review or grievance
28-21 committee to submit information to the Board about the activities
28-22 of the committee.>
28-23 SECTION 11. Article 4549b, Revised Statutes, is amended to
28-24 read as follows:
28-25 Art. 4549b. Consumer information. (a) The Board shall
28-26 prepare information of public <consumer> interest describing the
28-27 <regulatory> functions of the Board and <describing> the Board's
29-1 procedures by which <consumer> complaints are filed with and
29-2 resolved by the Board. The Board shall make the information
29-3 available to the general public and appropriate state agencies.
29-4 (b) The Board by rule shall establish methods by which
29-5 consumers and service recipients are notified of the name, mailing
29-6 address, and telephone number of the Board for the purpose of
29-7 directing complaints to the Board. The Board may provide for that
29-8 notification:
29-9 (1) on each registration form, application, or written
29-10 contract for services of an individual or entity regulated under
29-11 this Act;
29-12 (2) on a sign prominently displayed in the place of
29-13 business of each individual or entity regulated under this Act; or
29-14 (3) in a bill for service provided by an individual or
29-15 entity regulated under this Act.
29-16 (c) The Board shall list along with its regular telephone
29-17 number the toll-free telephone number that may be called to present
29-18 a complaint about a health professional if the toll-free number is
29-19 established under other state law.
29-20 SECTION 12. Sections 2 and 4, Article 4550a, Revised
29-21 Statutes, are amended to read as follows:
29-22 Sec. 2. (a) If any person required to register as a
29-23 practitioner under the provisions hereof shall fail or refuse to
29-24 apply for such registration and pay such fee on or before the
29-25 specified date <March 1st> of each calendar year, as hereinabove
29-26 set forth, his license or certificate to practice issued to him,
29-27 shall thereafter stand suspended so that thereafter in practicing
30-1 he shall be subject to the penalties imposed by law upon any person
30-2 unlawfully practicing.
30-3 (b) A person may renew an unexpired license or certificate
30-4 by paying to the Board before the expiration of the license or
30-5 certificate the required renewal fee.
30-6 (c) If a person's license or certificate has been expired
30-7 for not longer than ninety (90) days, the person may renew it by
30-8 paying to the Board the required renewal fee and a fee that is
30-9 one-half of the examination fee for the license or certificate.
30-10 (d) If a person's license or certificate has been expired
30-11 for longer than ninety (90) days but less than one year <two
30-12 years>, the person may renew it by paying to the Board all unpaid
30-13 renewal fees and a fee that is equal to the examination fee for the
30-14 license or certificate.
30-15 (e) If a person's license or certificate has been expired
30-16 for one year <two years> or longer, the person may not renew it,
30-17 except as provided by Section 2A of this article. The person may
30-18 obtain a new license or certificate by submitting to reexamination
30-19 and complying with the requirements and procedures for obtaining an
30-20 original license or certificate. However, the Board may renew
30-21 without reexamination an expired license of a person who was
30-22 licensed in this state, moved to another state, and is currently
30-23 licensed and has been in practice in the other state for the two
30-24 years preceding application. The person must pay to the Board a
30-25 fee that is equal to the examination fee for the license.
30-26 (f) At least 30 days before the expiration of a person's
30-27 license, the <The> Board shall send written notice of the impending
31-1 license expiration to the person at the licensee's last known
31-2 address according to the records of the Board <must notify each
31-3 licensee in writing of that licensee's impending license expiration
31-4 30 days prior to said expiration and shall attempt to obtain from
31-5 the licensee signed receipt confirming receipt of notification>.
31-6 (g) The Board by rule shall establish a minimum number of
31-7 hours of continuing education required to renew a license under
31-8 this Act. The Board may assess the continuing education needs of
31-9 licensees and may require licensees to attend continuing education
31-10 courses specified by the Board. The Board by rule shall develop a
31-11 process to evaluate and approve continuing education courses.
31-12 (h) The Board shall identify the key factors for the
31-13 competent performance by a licensee of the licensee's professional
31-14 duties. The Board shall adopt a procedure to assess a licensee's
31-15 participation in continuing education programs.
31-16 (i) Provided, however, that the requirements governing the
31-17 payment of the annual registration fees and penalties for late
31-18 registration shall not apply to licensees who are on active duty
31-19 with the Armed Forces of the United States of America, and are not
31-20 engaged in private or civilian practice.
31-21 (j) The Board by rule may adopt a system under which
31-22 licenses expire on various dates during the year. For the year in
31-23 which the license expiration date is changed, license fees payable
31-24 on March 1 shall be prorated on a monthly basis so that each
31-25 licensee shall pay only that portion of the license fee that is
31-26 allocable to the number of months during which the license is
31-27 valid. On renewal of the license on the new expiration date, the
32-1 total license renewal fee is payable.
32-2 Sec. 4. (a) To aid the Board in performing its duties, the
32-3 Board is hereby authorized to employ an Executive <Secretary or>
32-4 Director who shall receive a salary to be fixed by the Board, and
32-5 who shall make and file a surety bond in a sum not less than Five
32-6 Thousand Dollars ($5,000) conditioned for the faithful performance
32-7 of all the duties of the <his> office and the safekeeping and
32-8 proper disbursement of said "Dental Registration Fund" and all
32-9 other funds received by the Executive Director <coming into his
32-10 hands>; such salary shall be paid out of said "Dental Registration
32-11 Fund" and shall not be in any way a charge upon the general revenue
32-12 of the State. The Executive Director, with the consent of the
32-13 Board, may employ an Assistant Executive Director who shall perform
32-14 all the duties required by law to be performed by the Executive
32-15 Director when said Executive Director is absent or unable to act
32-16 for any reason. Said Board shall employ and provide such other
32-17 employees as may be needed to assist the Executive <Secretary or>
32-18 Director in performing the Executive Director's <his> duties and in
32-19 carrying out the purposes of this Act, provided that their
32-20 compensation shall be paid only out of the said "Dental
32-21 Registration Fund." All disbursements from "Dental Registration
32-22 Fund" shall be made only upon the written approval of the President
32-23 of the Board, Secretary of said Board, or an employee designated by
32-24 the Board and upon warrants drawn by the Comptroller to be paid out
32-25 of said fund.
32-26 (b) The Executive Director or the Executive Director's <his>
32-27 designee shall develop <within one year of the effective date of
33-1 this Act> an intra-agency <intraagency> career ladder program. The
33-2 program shall require<, one part of which shall be> the
33-3 intra-agency <intraagency> posting of all nonentry level positions
33-4 concurrently with <for at least ten (10) days prior to> any public
33-5 posting.
33-6 (c) The Executive Director or the Executive Director's <his>
33-7 designee shall develop <within one year of the effective date of
33-8 this Act> a system of annual performance evaluations. All <based
33-9 on measurable job tasks. Within two years of the effective date of
33-10 this Act all> merit pay for Board employees <authorized by the
33-11 Executive Director> must be based on the system established under
33-12 <by> this section.
33-13 (d) The Executive Director or the Executive Director's
33-14 designee shall prepare and maintain a written policy statement to
33-15 ensure implementation of a program of equal employment opportunity
33-16 under which all personnel transactions are made without regard to
33-17 race, color, disability, sex, religion, age, or national origin.
33-18 The policy statement must include:
33-19 (1) personnel policies, including policies relating to
33-20 recruitment, evaluation, selection, appointment, training, and
33-21 promotion of personnel that are in compliance with requirements of
33-22 the Texas Commission on Human Rights Act;
33-23 (2) a comprehensive analysis of the Board work force
33-24 that meets federal and state guidelines;
33-25 (3) procedures by which a determination can be made of
33-26 significant underuse in the Board work force of all persons for
33-27 whom federal or state guidelines encourage a more equitable
34-1 balance; and
34-2 (4) reasonable methods to appropriately address those
34-3 areas of significant underuse.
34-4 (e) A policy statement prepared under Subsection (d) of this
34-5 section must cover an annual period, be updated annually and
34-6 reviewed by the Human Rights Commission for compliance with
34-7 Subsection (d)(1) of this section, and be filed with the governor's
34-8 office.
34-9 (f) The governor's office shall deliver a biennial report to
34-10 the legislature based on the information received under Subsection
34-11 (e) of this section. The report may be made separately or as a
34-12 part of other biennial reports made to the legislature.
34-13 (g) The Board shall develop and implement policies that
34-14 clearly define the respective responsibilities of the Board and the
34-15 staff of the Board.
34-16 (h) The Board shall prepare and maintain a written plan that
34-17 describes how a person who does not speak English can be provided
34-18 reasonable access to the Board's programs. The Board shall also
34-19 comply with federal and state laws for program and facility
34-20 accessibility.
34-21 (i) The Board shall develop and implement policies that
34-22 provide the public with a reasonable opportunity to appear before
34-23 the Board and to speak on any issue under the jurisdiction of the
34-24 Board.
34-25 SECTION 13. Section 3(c), Article 4550a, Revised Statutes,
34-26 is amended to read as follows:
34-27 (c) The <On or before the first day of January each year,
35-1 the> Board shall file annually with <make in writing a complete and
35-2 detailed report accounting for all funds received and disbursed by
35-3 the Board/commission during the preceding year to> the governor and
35-4 to the presiding officer of each house of the legislature a
35-5 complete and detailed written report accounting for all funds
35-6 received and disbursed by the Board during the preceding fiscal
35-7 year. The annual report must be in the form and reported in the
35-8 time provided by the General Appropriations Act.
35-9 SECTION 14. Article 4551(b), Revised Statutes, is amended to
35-10 read as follows:
35-11 (b) The Board shall establish reasonable and necessary fees
35-12 so that the fees, in the aggregate, produce sufficient revenue to
35-13 cover the cost of administering <for the administration of> this
35-14 Act <in amounts not to exceed:>
35-15 <(1) dental examination fee: $150;>
35-16 <(2) dental hygiene examination fee: $75;>
35-17 <(3) annual renewal fees:>
35-18 <dentists: $100,>
35-19 <dental hygienists: $70,>
35-20 <dental labs: $125;>
35-21 <(4) reciprocal registration fee: $200;>
35-22 <(5) duplicate license fee: $15;>
35-23 <(6) duplicate registration certificates: $15>.
35-24 The Board may not set a fee at an amount less than the amount
35-25 of that fee on September 1, 1993 <shall not maintain unnecessary
35-26 fund balances, and fee amounts shall be set in accordance with this
35-27 requirement>.
36-1 SECTION 15. Section 4A(b), Article 4551e, Revised Statutes,
36-2 is amended to read as follows:
36-3 (b) The Dental Hygiene Advisory Committee shall consist of
36-4 not more than eight dental hygienists appointed by the Texas State
36-5 Board of Dental Examiners to staggered terms. Before January 1,
36-6 1994, the Board shall adopt rules for the appointment of hygienists
36-7 to the committee and implement this requirement of staggered terms
36-8 as soon as practicable. A member of such advisory committee shall
36-9 serve for a term of three years expiring on May 1 of the third year
36-10 of the member's term. After the expiration of a member's term, the
36-11 member shall continue to serve until the date a successor is
36-12 appointed and has qualified. A person may not be appointed to
36-13 serve for more than one full term.
36-14 SECTION 16. Section 5, Article 4551e, Revised Statutes, is
36-15 amended to read as follows:
36-16 Sec. 5. Examination. The <Texas> State Board of Dental
36-17 Examiners shall hold meetings at such times and places as the Board
36-18 shall designate for the purpose of examining qualified applicants
36-19 for licensure as dental hygienists in this State. All applicants
36-20 for examination shall pay a fee set by the Board to said Board as
36-21 determined by said Board according to its needs and shall apply
36-22 upon forms furnished by the Board and shall furnish such other
36-23 information as the Board may in its discretion require to determine
36-24 any applicant's qualifications. An applicant must attach to the
36-25 application proof that the applicant has successfully completed a
36-26 course in cardiopulmonary resuscitation given or approved by the
36-27 American Heart Association or American Red Cross not earlier than
37-1 one year before the date on which the applicant submits the
37-2 application or, in the event that the applicant is not physically
37-3 capable of successfully completing such training, a written
37-4 statement executed by either a licensed physician or an instructor
37-5 in cardiopulmonary resuscitation approved by the American Heart
37-6 Association or American Red Cross that describes such physical
37-7 incapacity. The Board shall have authority to employ the services
37-8 of such examiners and clerks as may be needed to aid the Board in
37-9 the performance of such duties. The examination shall be taken by
37-10 all applicants on such subjects and operations pertaining to
37-11 dentistry and dental hygiene which shall include Dental Anatomy,
37-12 Pharmacology, X-Ray, Ethics, Jurisprudence, and Hygiene, and such
37-13 other subjects as are regularly taught in reputable schools of
37-14 dentistry and dental hygiene, as the Board in its discretion may
37-15 require. The examination shall be given orally or in writing, or
37-16 by giving a practical demonstration of the applicant's skill or by
37-17 any combination of such methods or subjects as the Board may in its
37-18 discretion require. The Board shall have the written portion of
37-19 the examination validated by an independent testing professional.
37-20 The Board shall grade each applicant upon the various phases of the
37-21 examination and shall report such grades to the applicant within a
37-22 reasonable time after such examination, and each applicant who has
37-23 satisfactorily passed all phases of the examination as determined
37-24 by the Board shall be entitled to and shall be issued a license
37-25 permitting such applicant to practice dental hygiene in the State
37-26 of Texas as is defined and regulated by the law of this State. The
37-27 Board by rule may provide for the issuance of a temporary license
38-1 and may provide for a person who holds a license under this Act to
38-2 be placed on inactive status. Rules adopted under this section
38-3 shall include a time limit for a licensee to remain on inactive
38-4 status.
38-5 SECTION 17. (a) This Act takes effect September 1, 1993.
38-6 (b) As the terms of members of the State Board of Dental
38-7 Examiners expire or as vacancies on the board occur, the governor
38-8 shall appoint members to the board to achieve, as soon as possible,
38-9 the membership plan prescribed for the board by Article 4543a,
38-10 Revised Statutes, as amended by this Act.
38-11 (c) The changes in law made by this Act in the
38-12 qualifications of, and the prohibitions applying to, members of the
38-13 State Board of Dental Examiners do not affect the entitlement of a
38-14 member serving on the board immediately before the effective date
38-15 of this Act to continue to hold office on the board for the term
38-16 for which the member was appointed. The changes in law apply only
38-17 to a member appointed on or after September 1, 1993.
38-18 (d) The changes in law made by this Act relating to a
38-19 penalty that may be imposed apply only to a violation of the Dental
38-20 Practice Act (Article 4543 et seq., Revised Statutes) or a rule
38-21 adopted by the State Board of Dental Examiners that occurs on or
38-22 after the effective date of this Act. A violation occurs on or
38-23 after the effective date of this Act only if each element of the
38-24 violation occurs on or after that date. A violation that occurs
38-25 before the effective date of this Act is governed by the law in
38-26 effect on the date the violation occurred, and the former law is
38-27 continued in effect for this purpose.
39-1 SECTION 18. The importance of this legislation and the
39-2 crowded condition of the calendars in both houses create an
39-3 emergency and an imperative public necessity that the
39-4 constitutional rule requiring bills to be read on three several
39-5 days in each house be suspended, and this rule is hereby suspended.