By: Hirschi H.B. No. 2689
73R3510 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of dental hygienists and to the
1-3 creation, powers, and duties of the State Dental Hygiene Examiners
1-4 Board; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 9, Title 71, Revised Statutes, is
1-7 amended by adding Article 4551e-2 to read as follows:
1-8 Art. 4551e-2. STATE DENTAL HYGIENE EXAMINERS BOARD
1-9 Sec. 1. STATE DENTAL HYGIENE EXAMINERS BOARD. (a) The
1-10 State Dental Hygiene Examiners Board consists of:
1-11 (1) three members licensed as dental hygienists; and
1-12 (2) three members who are not licensed dental
1-13 hygienists to represent the public.
1-14 (b) Each member of the board is appointed by the governor.
1-15 To qualify for appointment as a dental hygienist member of the
1-16 board, an individual must have been licensed for at least five
1-17 years before the date of appointment to the board.
1-18 (c) Appointments to the board shall be made without regard
1-19 to the race, color, disability, sex, religion, age, or national
1-20 origin of the appointees.
1-21 (d) In this article, "board" means the State Dental Hygiene
1-22 Examiners Board.
1-23 Sec. 2. OFFICERS; MEETINGS; COMPENSATION. (a) The board
1-24 annually shall select a presiding officer, assistant presiding
2-1 officer, and secretary-treasurer.
2-2 (b) The board shall hold at least two regular meetings each
2-3 year at which time an examination for a license under a law
2-4 administered by the board shall be administered. Additional
2-5 meetings may be held on the call of the presiding officer or at the
2-6 written request of four members of the board.
2-7 (c) A member of the board is entitled to a per diem as set
2-8 by the General Appropriations Act for each day that the member
2-9 engages in the business of the board. A member may not receive any
2-10 compensation for travel expenses, including expenses for meals and
2-11 lodging, other than transportation expenses as provided by the
2-12 General Appropriations Act.
2-13 Sec. 3. TERMS. Members of the board serve staggered terms
2-14 of six years, with three members' terms expiring on February 1 of
2-15 each odd-numbered year. A board member may not serve more than one
2-16 term.
2-17 Sec. 4. PUBLIC MEMBERSHIP RESTRICTION. A person is not
2-18 eligible for appointment as a public member of the board if the
2-19 person or the person's spouse:
2-20 (1) is registered, certified, or licensed by an
2-21 occupational regulatory agency in the field of health care;
2-22 (2) is employed by or participates in the management
2-23 of a business entity or other organization regulated by the board
2-24 or receiving funds from the board;
2-25 (3) owns or controls, directly or indirectly, more
2-26 than 10 percent interest in a business entity or other organization
2-27 regulated by the board or receiving funds from the board; or
3-1 (4) uses or receives a substantial amount of tangible
3-2 goods, services, or funds from the board, other than compensation
3-3 or reimbursement authorized by law for board membership,
3-4 attendance, or expenses.
3-5 Sec. 5. CONFLICT OF INTEREST RESTRICTIONS. (a) An officer,
3-6 employee, or paid consultant of a Texas trade association in the
3-7 field of health care may not be a member or employee of the board
3-8 who is exempt from the state's position classification plan or is
3-9 compensated at or above the amount prescribed by the General
3-10 Appropriations Act for step 1, salary group 17, of the position
3-11 classification salary schedule.
3-12 (b) A person who is the spouse of an officer, manager, or
3-13 paid consultant of a Texas trade association in the field of health
3-14 care may not be a board member and may not be an employee of the
3-15 board who is exempt from the state's position classification plan
3-16 or is compensated at or above the amount prescribed by the General
3-17 Appropriations Act for step 1, salary group 17, of the position
3-18 classification salary schedule.
3-19 (c) For the purposes of this section, a Texas trade
3-20 association is a nonprofit, cooperative, and voluntarily joined
3-21 association of business or professional competitors in this state
3-22 designed to assist its members and its industry or profession in
3-23 dealing with mutual business or professional problems and in
3-24 promoting their common interest.
3-25 Sec. 6. EFFECT OF LOBBYING ACTIVITY. A person may not serve
3-26 as a member of the board or act as the general counsel to the board
3-27 if the person is required to register as a lobbyist under Chapter
4-1 305, Government Code, and its subsequent amendments, because of the
4-2 person's activities for compensation on behalf of a profession
4-3 related to the operation of the board.
4-4 Sec. 7. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a ground
4-5 for removal from the board if a member:
4-6 (1) does not have at the time of appointment the
4-7 qualifications required by Section 1 of this article;
4-8 (2) does not maintain during service on the board the
4-9 qualifications required by Section 1 of this article;
4-10 (3) violates a prohibition established by Section 4,
4-11 5, or 6 of this article;
4-12 (4) cannot discharge the member's term for a
4-13 substantial part of the term for which the member is appointed
4-14 because of illness or disability; or
4-15 (5) is absent from more than half of the regularly
4-16 scheduled board meetings that the member is eligible to attend
4-17 during a calendar year unless the absence is excused by majority
4-18 vote of the board.
4-19 (b) The validity of an action of the board is not affected
4-20 by the fact that it is taken when a ground for removal of a board
4-21 member exists.
4-22 (c) If the director has knowledge that a potential ground
4-23 for removal exists, the director shall notify the presiding officer
4-24 of the board of the ground. The presiding officer shall then
4-25 notify the governor that a potential ground for removal exists.
4-26 Sec. 8. STAFF. (a) The board shall employ a director and
4-27 administrative and clerical employees as necessary to carry out the
5-1 board's functions.
5-2 (b) The board shall develop and implement policies that
5-3 clearly define the respective responsibilities of the board and the
5-4 staff of the board.
5-5 Sec. 9. EXPENDITURES; AUDIT. (a) The board may authorize,
5-6 from funds appropriated to it, all necessary disbursements to
5-7 implement this article.
5-8 (b) The financial transactions of the board are subject to
5-9 audit by the state auditor in accordance with Chapter 321,
5-10 Government Code, and its subsequent amendments.
5-11 Sec. 10. ANNUAL FINANCIAL REPORT. The board shall file
5-12 annually with the governor and the presiding officer of each house
5-13 of the legislature a complete and detailed written report
5-14 accounting for all funds received and disbursed by the board during
5-15 the preceding fiscal year. The annual report must be in the form
5-16 and reported in the time provided by the General Appropriations
5-17 Act.
5-18 Sec. 11. PERSONNEL POLICIES. (a) The director or the
5-19 director's designee shall develop an intra-agency career ladder
5-20 program. The program shall require intra-agency posting of all
5-21 nonentry level positions concurrently with any public posting.
5-22 (b) The director or the director's designee shall develop a
5-23 system of annual performance evaluations based on measurable job
5-24 tasks. All merit pay for board employees must be based on the
5-25 system established under this subsection.
5-26 Sec. 12. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
5-27 director or the director's designee shall prepare and maintain a
6-1 written policy statement to ensure implementation of a program of
6-2 equal employment opportunity under which all personnel transactions
6-3 are made without regard to race, color, disability, sex, religion,
6-4 age, or national origin. The policy statement must include:
6-5 (1) personnel policies, including policies relating to
6-6 recruitment, evaluation, selection, application, training, and
6-7 promotion of personnel that are in compliance with the Commission
6-8 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
6-9 and its subsequent amendments;
6-10 (2) a comprehensive analysis of the board workforce
6-11 that meets federal and state guidelines;
6-12 (3) procedures by which a determination can be made of
6-13 significant underuse in the board workforce of all persons for whom
6-14 federal or state guidelines encourage a more equitable balance; and
6-15 (4) reasonable methods to appropriately address those
6-16 areas of underuse.
6-17 (b) A policy statement prepared under Subsection (a) of this
6-18 section must cover an annual period, be updated annually, be
6-19 reviewed by the Commission on Human Rights for compliance with
6-20 Subsection (a)(1) of this section, and be filed with the governor's
6-21 office.
6-22 (c) The governor's office shall deliver a biennial report to
6-23 the legislature based on the information received under Subsection
6-24 (b) of this section. The report may be made separately or as part
6-25 of other biennial reports to the legislature.
6-26 Sec. 13. PUBLIC INTEREST INFORMATION. (a) The board shall
6-27 prepare information of public interest describing the functions of
7-1 the board and the board's procedures by which complaints are filed
7-2 with and resolved by the board. The board shall make the
7-3 information available to the public and appropriate state agencies.
7-4 (b) The board by rule shall establish methods by which
7-5 consumers and service recipients are notified of the name, mailing
7-6 address, and telephone number of the board for the purpose of
7-7 directing complaints to the board. The board may provide for that
7-8 notification:
7-9 (1) on each registration form, application, or written
7-10 contract for services of an individual or entity regulated by the
7-11 board;
7-12 (2) on a sign prominently displayed in the place of
7-13 business of each individual or entity regulated by the board; or
7-14 (3) in a bill for service provided by an individual or
7-15 entity regulated by the board.
7-16 (c) The board shall list along with its regular telephone
7-17 number the toll-free telephone number that may be called to present
7-18 a complaint about a health professional if the toll-free number is
7-19 established under other state law.
7-20 Sec. 14. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
7-21 shall develop and implement policies that provide the public with a
7-22 reasonable opportunity to appear before the board and to speak on
7-23 any issue under the jurisdiction of the board.
7-24 Sec. 15. PROGRAM ACCESSIBILITY. The board shall prepare and
7-25 maintain a written plan that describes how a person who does not
7-26 speak English can be provided reasonable access to the board's
7-27 programs. The board shall also comply with federal and state laws
8-1 for program and facility accessibility.
8-2 Sec. 16. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
8-3 Each board member shall comply with the board member training
8-4 requirements established by any other state agency that is given
8-5 authority to establish the requirements for the board.
8-6 (b) The board shall provide to its members and employees, as
8-7 often as necessary, information regarding their qualifications for
8-8 office or employment under this article and their responsibilities
8-9 under applicable laws relating to standards of conduct for state
8-10 officers or employees.
8-11 Sec. 17. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
8-12 board is subject to:
8-13 (1) the open meetings law, Chapter 271, Acts of the
8-14 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
8-15 Texas Civil Statutes), and its subsequent amendments; and
8-16 (2) the Administrative Procedure and Texas Register
8-17 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
8-18 subsequent amendments.
8-19 Sec. 18. SUNSET PROVISION. The State Dental Hygiene
8-20 Examiners Board is subject to Chapter 325, Government Code (Texas
8-21 Sunset Act), and its subsequent amendments. Unless continued in
8-22 existence as provided by that chapter, the board is abolished and
8-23 this article expires September 1, 2005.
8-24 Sec. 19. LICENSE REQUIRED. Except as otherwise provided by
8-25 this article, a person may not act as a dental hygienist as
8-26 described by Sections 29 and 30 of this article unless the person
8-27 is licensed as a dental hygienist by the board.
9-1 Sec. 20. GENERAL POWERS AND DUTIES OF BOARD. (a) The board
9-2 may adopt and enforce rules as necessary for the performance of the
9-3 board's duties and to ensure compliance with laws relating to the
9-4 practice of dental hygiene to protect the public health and safety.
9-5 (b) The board by rule may define additional duties that are
9-6 logical extensions of duties specified in this article to be
9-7 performed by dental hygienists. Duties prohibited by this article
9-8 may not be included. The board shall determine by rule the level
9-9 of supervision required for each additional duty and may require
9-10 successful completion of a specific educational requirement or
9-11 competence test before a dental hygienist may perform the
9-12 additional duty.
9-13 (c) The board shall prepare a plan to remedy the issue of
9-14 underserved populations for dental hygiene care, including those
9-15 populations underserved for reasons of economics, geography, or
9-16 institutionalization. The board may adopt rules relating to the
9-17 duties and supervision of a dental hygienist serving underserved
9-18 populations.
9-19 (d) The board shall administer this article.
9-20 (e) The board shall adopt rules, including rules of
9-21 professional conduct for dental hygienists.
9-22 Sec. 21. RECORDS. The board shall keep a record of the
9-23 name, residence, and place of business of each person licensed to
9-24 practice dental hygiene. Each dental hygienist registered with the
9-25 board shall notify the board not later than the 60th day after the
9-26 date of:
9-27 (1) a change of address of the place of business of
10-1 the dental hygienist; or
10-2 (2) a change of employers by the dental hygienist.
10-3 Sec. 22. FEES AND EXPENSES. (a) The board shall establish
10-4 reasonable and necessary fees so that the fees, in the aggregate,
10-5 produce sufficient revenue to cover the cost of administering this
10-6 article.
10-7 (b) The board may authorize an additional annual fee of $1
10-8 from each license holder to establish a peer assistance program and
10-9 may authorize an additional annual fee of $1 from each license
10-10 holder to establish a scholarship program to forgive the
10-11 educational loans of license holders who practice in an underserved
10-12 area.
10-13 Sec. 23. FUNDS. (a) All funds collected by the board shall
10-14 be deposited in the state treasury to the credit of a fund known
10-15 as the dental hygiene registration fund to be used for the
10-16 administration of this article.
10-17 (b) Funds specifically collected for either a peer
10-18 assistance program or a dental hygiene scholarship program shall be
10-19 segregated and may be used only for the purpose for which the funds
10-20 were collected.
10-21 Sec. 24. QUALIFICATIONS OF APPLICANTS. An applicant for a
10-22 dental hygiene license must be at least 18 years of age, a graduate
10-23 of an accredited high school or holder of a certificate of high
10-24 school equivalency, and a graduate of a dental hygiene program that
10-25 is accredited by a national accrediting agency recognized by the
10-26 board. The dental hygiene program must include a course of
10-27 instruction that is the equivalent of at least two terms of eight
11-1 months of dental hygiene instruction provided by an institution of
11-2 higher education. An applicant must also pass an examination given
11-3 by the board and shall comply with the provisions of this article
11-4 and the rules of the board.
11-5 Sec. 25. EXAMINATION AND OTHER TESTING REQUIREMENTS. (a)
11-6 The board shall designate the time and place for examining
11-7 qualified applicants for licensing as dental hygienists. Each
11-8 applicant for examination shall pay a fee set by the board and
11-9 shall apply to the board, furnishing information the board may
11-10 require to determine the applicant's qualifications.
11-11 (b) An applicant must attach to the application proof that
11-12 the applicant has successfully completed a course in
11-13 cardiopulmonary resuscitation approved by the American Heart
11-14 Association or American Red Cross less than one year before the
11-15 date the applicant submits the application or, in the event that
11-16 the applicant is not physically capable of successfully completing
11-17 that training, a written statement executed by a licensed physician
11-18 or an instructor in cardiopulmonary resuscitation approved by the
11-19 American Heart Association or American Red Cross that describes the
11-20 incapacity.
11-21 (c) The examination shall be taken by applicants on subjects
11-22 and operations pertaining to dental hygiene that are regularly
11-23 taught in accredited schools of dental hygiene.
11-24 (d) The examination shall be given orally, in writing, or by
11-25 a practical demonstration of the applicant's skill or a combination
11-26 of testing methods. The board shall grade each applicant on the
11-27 various phases of the examination and shall report the grades to
12-1 the applicant within a reasonable time after examination. The
12-2 board may adopt a standardized test, including the national written
12-3 dental hygiene examination administered by the Joint Commission on
12-4 Dental Examinations as all or part of the written examination and
12-5 may enter into agreements with a regional agency to provide for the
12-6 practical testing of applicants or accept completion of a regional
12-7 practical examination as all or part of the practical examination.
12-8 Sec. 26. LICENSE RENEWAL. (a) To renew a license issued
12-9 under this article, a license holder must submit to the board
12-10 before the expiration of the license:
12-11 (1) the license renewal fee;
12-12 (2) proof of completion of continuing education
12-13 requirements under Section 28 of this article;
12-14 (3) proof of successful completion of a course in
12-15 cardiopulmonary resuscitation given or approved by the American
12-16 Heart Association or American Red Cross less than two years before
12-17 the date of submitting the proof to the board; and
12-18 (4) other information required by the board.
12-19 (b) A license holder residing in a country other than the
12-20 United States may satisfy the requirement under Subsection (a)(3)
12-21 of this section by submitting proof of residence in the foreign
12-22 country on the date of application for renewal.
12-23 (c) On application by a license holder, the board may waive
12-24 requirements for a license renewal for good cause.
12-25 (d) If a person's license has been expired for 90 days or
12-26 less, the person may renew the license by paying to the board the
12-27 required renewal fee and a fee that is one-half of the examination
13-1 fee for the license.
13-2 (e) If a person's license has been expired for longer than
13-3 90 days but less than two years, the person may renew the license
13-4 by paying to the board all unpaid renewal fees and a fee that is
13-5 equal to the examination fee for the license.
13-6 (f) If a person's license has been expired for two years or
13-7 longer, the person may not renew the license. The person may
13-8 obtain a new license by submitting to reexamination and complying
13-9 with the requirements and procedures for obtaining an original
13-10 license.
13-11 (g) At least 30 days before the expiration of a person's
13-12 license, the board shall send written notice of the impending
13-13 license expiration to the person at the person's last known address
13-14 according to the records of the board.
13-15 (h) Subsections (e)-(g) of this section do not apply to a
13-16 license holder who is on active duty with the armed forces of the
13-17 United States and is not engaged in private or civilian practice.
13-18 Sec. 27. STAGGERED RENEWAL OF LICENSE. The board by rule
13-19 may adopt a system under which licenses expire on various dates
13-20 during the year. For the year in which the license expiration date
13-21 is changed, license fees payable on February 1 shall be prorated so
13-22 that each license holder pays only that portion of the license fee
13-23 that is allocable to the number of months during which the license
13-24 is valid. On renewal of the license on the new expiration date,
13-25 the total license renewal fee is payable.
13-26 Sec. 28. CONTINUING EDUCATION. The board shall require a
13-27 license holder to complete 20 hours of professional continuing
14-1 education during each licensing period. The board by rule shall
14-2 adopt a process to evaluate and approve continuing education
14-3 courses.
14-4 Sec. 29. PERSONS PRACTICING DENTAL HYGIENE. (a) A person
14-5 practicing dental hygiene may:
14-6 (1) use the title of "dental hygienist," or "RDH," or
14-7 any other letters, titles, terms, or descriptive matter that
14-8 represents the person as being able to practice dental hygiene; or
14-9 (2) perform:
14-10 (A) prophylaxis, or the removal of accumulated
14-11 matter, calculus, deposits, accretions, or stains from the natural
14-12 and restored surfaces of the human teeth and restorations of human
14-13 teeth in the human mouth and the polishing of those surfaces;
14-14 (B) root planing, or the smoothing of roughened
14-15 root surfaces;
14-16 (C) the application of therapeutic or preventive
14-17 agents to the surfaces of the teeth; or
14-18 (D) a preliminary examination and evaluation of
14-19 a person's periodontal condition.
14-20 (b) A person is not considered to be practicing dental
14-21 hygiene as described by Subsection (a) of this section if the
14-22 person is:
14-23 (1) a student enrolled in a nationally accredited
14-24 dental or dental hygiene school or program who performs an activity
14-25 without compensation, except for actual cost of materials, and
14-26 under the direct personal supervision of a demonstrator or teacher
14-27 who is a member of the faculty of the school or program;
15-1 (2) a dentist authorized to practice dentistry in this
15-2 state;
15-3 (3) a person who is a member of an established church
15-4 and practices healing by prayer only;
15-5 (4) a dental hygienist licensed by another state or
15-6 foreign country who performs clinical procedures only for
15-7 professional and technical education demonstration purposes, if the
15-8 dental hygienist first obtains a temporary license from the board;
15-9 (5) a physician or surgeon authorized to practice
15-10 medicine; or
15-11 (6) an employee of a dentist who makes dental X-rays
15-12 in the dental office and under the supervision of a dentist.
15-13 Sec. 30. ADDITIONAL SERVICES DENTAL HYGIENISTS MAY PERFORM;
15-14 REQUIRED SUPERVISION; PRACTICE SETTINGS. (a) In addition to
15-15 performing dental hygiene as described in Section 29 of this
15-16 article, a dental hygienist may make dental X-rays and perform a
15-17 dental hygiene service prescribed by the board or a dental service
15-18 prescribed by the State Board of Dental Examiners, except that a
15-19 dental hygienist may not perform:
15-20 (1) comprehensive examination or final diagnosis and
15-21 treatment planning;
15-22 (2) a surgical or cutting procedure on hard or soft
15-23 tissue other than incidental curettage during a root planing
15-24 procedure;
15-25 (3) the prescription of a drug, medication, or work
15-26 authorization;
15-27 (4) the taking of an impression for a final
16-1 restoration, appliance, or prosthesis;
16-2 (5) the making of an intraoral occlusal adjustment;
16-3 (6) the performance of direct pulpcapping, pulpotomy,
16-4 or any other endodontic procedure;
16-5 (7) the placement of any final restoration; or
16-6 (8) the administration of a parenteral or inhalational
16-7 sedative agent or general anesthetic agent.
16-8 (b) A dental hygienist may perform a service, task, or
16-9 procedure only on the verbal or written authorization and under the
16-10 supervision of a licensed dentist if:
16-11 (1) the dental hygienist is licensed to perform the
16-12 function; and
16-13 (2) the supervising dentist examines the patient at
16-14 the time the dental hygiene procedure is performed or not longer
16-15 than 12 months before the date of the performance of the procedure.
16-16 (c) A dentist is not required to be on the premises when a
16-17 hygienist performs a function authorized under this article.
16-18 (d) This article does not prevent:
16-19 (1) a dentist from authorizing a dental hygienist to
16-20 instruct and educate a patient in good oral hygiene technique;
16-21 (2) a dental hygienist from providing a medication
16-22 ordered by a dentist; or
16-23 (3) a dentist from authorizing the incidental removal
16-24 of cementum by a dental hygienist during root planing.
16-25 (e) Work performed by a dental hygienist in the practice of
16-26 dental hygiene shall be performed:
16-27 (1) in the office of a dentist who employs the dental
17-1 hygienist;
17-2 (2) under the supervision of a supervising dentist in
17-3 an alternate setting, including a nursing home or the patient's
17-4 home; or
17-5 (3) a school, hospital, state institution, public
17-6 health clinic, or other institution approved by the board as a
17-7 proper location for the performance of a dental hygiene procedure.
17-8 Sec. 31. EMERGENCY CARE. A dental hygienist who administers
17-9 cardiopulmonary resuscitation or other emergency care in an
17-10 emergency is not liable for damages arising from providing that
17-11 care unless the emergency care is performed in a wilfully or
17-12 wantonly negligent manner.
17-13 Sec. 32. PRACTICE NOT IN VIOLATION OF DENTAL LAWS. A person
17-14 engaged in the practice of dental hygiene as described by and in
17-15 compliance with this article is not in violation of the laws of
17-16 this state regulating the practice of dentistry.
17-17 Sec. 33. DISPLAY OF LICENSE; DUPLICATE LICENSE. (a) A
17-18 dental hygienist shall place the license issued by the board in
17-19 plain view of patients at a location at which the dental hygienist
17-20 practices.
17-21 (b) If a license issued by the board is lost or destroyed,
17-22 the holder of the license is entitled to a duplicate license on
17-23 payment of a fee to and the filing of an application and affidavit
17-24 describing the loss of the license with the board. If the records
17-25 of the board fail to show that the applicant is licensed by the
17-26 board, the board may deny the request for a duplicate license.
17-27 Sec. 34. EMPLOYMENT RESTRICTIONS. (a) It is unlawful for a
18-1 person to practice or offer to practice dental hygiene or use the
18-2 title "RDH" without having first obtained a license from the board.
18-3 (b) It is unlawful to practice dental hygiene under a name
18-4 other than the name appearing on the license holder's license.
18-5 (c) A person may not be employed as a dental hygienist until
18-6 the person shows proof of having obtained a license. A person
18-7 whose license to practice dental hygiene or dentistry has been
18-8 revoked by a district court may not practice dental hygiene after
18-9 the revocation of the license.
18-10 Sec. 35. DISCIPLINARY ACTIONS. The board and the district
18-11 courts shall have concurrent jurisdiction and authority, after
18-12 notice and hearing, to suspend or revoke a dental hygiene license,
18-13 to place conditions or restrictions on a license, to place on
18-14 probation a person whose license is suspended, or to reprimand or
18-15 require community service of a license holder. A license may be
18-16 suspended or revoked for the following:
18-17 (1) the insanity of the holder of a license, as
18-18 adjudged by the regularly constituted authorities;
18-19 (2) the conviction of the holder of a license of any
18-20 felony or a misdemeanor involving fraud under the laws of this
18-21 state, any other state, or the United States;
18-22 (3) the holder has been or is guilty of dishonorable
18-23 conduct, malpractice, or gross incompetency in the practice of
18-24 dental hygiene;
18-25 (4) the holder has been or is guilty of any deception
18-26 or misrepresentation for the purpose of soliciting or obtaining
18-27 patronage;
19-1 (5) the holder obtained a license through fraud or
19-2 misrepresentation;
19-3 (6) the holder is addicted to alcohol or drugs;
19-4 (7) the holder aided or abetted a person not permitted
19-5 to do so under this article to practice dental hygiene;
19-6 (8) the holder failed to use proper diligence in the
19-7 conduct of the holder's practice or to safeguard patients against
19-8 avoidable infections or knowingly failed to comply with commonly
19-9 accepted national infection control standards such as those
19-10 established by the federal Centers for Disease Control, the
19-11 Occupational Safety and Health Administration, or the board;
19-12 (9) the holder has failed or refuses to comply with
19-13 the law relating to the regulation of dental hygienists;
19-14 (10) the holder has failed or refuses to comply with
19-15 rules of the board;
19-16 (11) the holder is physically or mentally incapable of
19-17 safely practicing;
19-18 (12) the holder has been negligent in the performance
19-19 of dental hygiene services that injured or damaged a patient;
19-20 (13) proof of suspension, revocation, probation,
19-21 reprimand, or other restriction by another state of a license to
19-22 practice dentistry or dental hygiene if the sanction is for conduct
19-23 similar to the conduct described by this section; or
19-24 (14) the holder has knowingly provided or agreed to
19-25 provide dental hygiene care in a manner that violates federal or
19-26 state law regulating a plan to provide, arrange for, pay for, or
19-27 reimburse the cost of dental hygiene care services or regulating
20-1 the business of insurance.
20-2 Sec. 36. UNPROFESSIONAL CONDUCT. (a) A person, firm, or
20-3 corporation that engages directly or indirectly in unprofessional
20-4 conduct pertaining to dental hygiene violates this article.
20-5 (b) "Unprofessional conduct" means:
20-6 (1) obtaining a fee by fraud or misrepresentation;
20-7 (2) aiding or permitting any unlicensed person to
20-8 perform dental hygiene services, except as authorized by this
20-9 article or the rules and regulations of the board;
20-10 (3) claiming or circulating any statement of
20-11 professional superiority or the performance of professional
20-12 services in a superior manner;
20-13 (4) forging, altering, or changing any diploma,
20-14 license, registration certificate, transcript, or other legal
20-15 document relating to the practice of dental hygiene, supplying or
20-16 using a false document, or making a false statement about the use
20-17 or possession of a false document;
20-18 (5) accepting employment as a dental hygienist under a
20-19 false, misleading, or deceptive referral scheme;
20-20 (6) advertising to perform dental hygiene work without
20-21 pain or discomfort to the patient; or
20-22 (7) advertising predictions of future satisfaction or
20-23 success of a dental hygiene service.
20-24 Sec. 37. REFUSAL TO ISSUE OR RENEW A LICENSE. The board may
20-25 refuse to examine or refuse to issue a dental hygiene license to a
20-26 person if the person:
20-27 (1) presents to the board a dishonest or fake evidence
21-1 of qualification or is guilty of any illegality, fraud, or
21-2 deception in the process of examination or for the purpose of
21-3 securing a license;
21-4 (2) is addicted to alcohol or drugs;
21-5 (3) is guilty of dishonest or illegal practices
21-6 connected with the practice of dental hygiene; or
21-7 (4) has been convicted of a felony under the laws of
21-8 this state, another state, or the United States.
21-9 Sec. 38. HEARING BEFORE THE BOARD. If the board proposes to
21-10 refuse to examine a person, to suspend or revoke a license, to
21-11 place on probation a person whose license has been suspended, or to
21-12 reprimand a license holder, the person is entitled to a hearing
21-13 before the board.
21-14 Sec. 39. REVOCATION AND SUSPENSION OF LICENSE FOR
21-15 DRUG-RELATED FELONY CONVICTION. On the finding of guilty in a
21-16 trial court of a person licensed by the board of a felony under
21-17 Chapter 481, Health and Safety Code, or Chapter 483, Health and
21-18 Safety Code, and their subsequent amendments, the board shall,
21-19 after a hearing in which the fact of the finding is determined,
21-20 suspend the person's license. On the person's final conviction,
21-21 the board shall revoke the person's license. The board may not
21-22 reinstate or reissue a license to a person whose license is
21-23 suspended or revoked under this section unless the board determines
21-24 from substantial evidence contained in an investigative report that
21-25 the issuance of a license is in the best interests of the public
21-26 and of the person whose license has been suspended or revoked.
21-27 Sec. 40. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
22-1 board shall adopt rules concerning the investigation of a complaint
22-2 filed with the board. The rules adopted under this subsection
22-3 shall:
22-4 (1) distinguish between categories of complaints;
22-5 (2) ensure that complaints are not dismissed without
22-6 appropriate consideration;
22-7 (3) require that the board be advised of a complaint
22-8 that is dismissed and that a letter be sent to the person who filed
22-9 the complaint explaining the action taken on the dismissed
22-10 complaint;
22-11 (4) ensure that the person who filed the complaint has
22-12 an opportunity to explain the allegations made in the complaint;
22-13 and
22-14 (5) prescribe guidelines concerning the categories of
22-15 complaints that require the use of a private investigator and the
22-16 procedures for the board to obtain the services of a private
22-17 investigator.
22-18 (b) The board shall dispose of all complaints in a timely
22-19 manner. The board shall establish a time for completing each phase
22-20 of the complaint procedure that is under the control of the board.
22-21 The process must be completed not later than the 30th day after the
22-22 date the complaint is received by the board. The schedule shall be
22-23 kept in the information file for the complaint and all parties
22-24 shall be notified of the projected time requirements for pursuing
22-25 the complaint. A change in the schedule must be noted in the
22-26 complaint information file and all parties to the complaint shall
22-27 be notified not later than the seventh day after the date the
23-1 change is made.
23-2 (c) The director shall notify the board of a complaint the
23-3 process for which extends beyond the time prescribed by the board
23-4 for resolving the complaint so that the board may take necessary
23-5 action on the complaint.
23-6 Sec. 41. JUDICIAL REVIEW. Judicial review of the order or
23-7 decision of the board assessing a penalty or disciplinary action is
23-8 as provided by Section 19, Administrative Procedure and Texas
23-9 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
23-10 its subsequent amendments.
23-11 Sec. 42. RESTRAINING PRACTICE IN VIOLATION OF LAW. (a) In
23-12 addition to any other action, proceeding, or remedy authorized by
23-13 law, the board may institute an action in its own name to obtain an
23-14 injunction prohibiting a violation of this article or a rule of the
23-15 board. For the board to sustain the action, alleging or proving
23-16 that an adequate remedy at law does not exist or that substantial
23-17 or irreparable damage would result from the continued violation is
23-18 unnecessary.
23-19 (b) In any proceeding for an injunction the defendant may
23-20 prove as a defense to the action that the actions or proceedings of
23-21 the board were:
23-22 (1) arbitrary or capricious;
23-23 (2) contrary to legal requirements; or
23-24 (3) conducted without due process of law.
23-25 (c) The board is not required to give any appeal bond in any
23-26 cause arising under this law.
23-27 Sec. 43. BOARD TO AID IN ENFORCING STATUTES. The board
24-1 shall aid in the enforcement of this article. A member of the
24-2 board may present to a prosecuting officer complaints relating to
24-3 violations of this article and the board may, through the board's
24-4 members, officers, and employees, assist in the trial of a case
24-5 involving alleged violations of this article, subject to the
24-6 control of the prosecuting officers.
24-7 Sec. 44. OFFENSE; PENALTY. (a) A person who violates any
24-8 provision of this article commits an offense.
24-9 (b) Except as provided by this section, an offense under
24-10 this section is a Class A misdemeanor.
24-11 (c) If it is shown in the trial of a person allegedly in
24-12 violation of this article that the person has once before been
24-13 convicted of a violation of this article, on conviction the person
24-14 shall be punished for a felony of the third degree.
24-15 (d) Each day that a violation continues is a separate
24-16 offense.
24-17 SECTION 2. (a) As soon as possible after the effective date
24-18 of this Act, the governor shall appoint the initial members of the
24-19 State Dental Hygiene Examiners Board in accordance with Article
24-20 4551e-2, Revised Statutes, as added by this Act. In making the
24-21 initial appointments, the governor shall designate members to serve
24-22 terms as follows:
24-23 (1) one public member and one member licensed as a
24-24 dental hygienist serve for terms expiring February 1, 1995;
24-25 (2) one member licensed as a dental hygienist and one
24-26 public member serve for terms expiring February 1, 1997; and
24-27 (3) one member licensed as a dental hygienist and one
25-1 public member serve for terms expiring February 1, 1999.
25-2 (b) The State Dental Hygiene Examiners Board may not take
25-3 any action and is not created until the day after the date that the
25-4 last appointee to the initial board takes office. On the date of
25-5 its creation, the board assumes its functions and:
25-6 (1) the Dental Hygiene Advisory Committee is
25-7 abolished;
25-8 (2) the obligations, rights, contracts, records and
25-9 other property, and personnel of, and unspent money appropriated to
25-10 or for, the abolished committee is transferred to the State Dental
25-11 Hygiene Examiners Board;
25-12 (3) the rules of the abolished committee are continued
25-13 in effect as rules of the State Dental Hygiene Examiners Board
25-14 until superseded by rule of the new board;
25-15 (4) the licenses in effect that were issued by the
25-16 abolished committee are continued in effect as licenses of the
25-17 State Dental Hygiene Examiners Board;
25-18 (5) a complaint or investigation pending before the
25-19 abolished committee is transferred without change in status to the
25-20 State Dental Hygiene Examiners Board; and
25-21 (6) any reference in a law to the abolished committee
25-22 means the State Dental Hygiene Examiners Board.
25-23 (c) Regardless of the changes in law made by this Act, until
25-24 the date that the Dental Hygiene Advisory Committee is abolished as
25-25 provided by this section, the committee continues in existence and
25-26 shall administer its functions under the law that governed the
25-27 committee before the effective date of this Act, and the prior law
26-1 is continued in effect for that purpose.
26-2 (d) The State Dental Hygiene Examiners Board shall adopt
26-3 rules under this Act not later than December 1, 1993.
26-4 SECTION 3. Chapter 475, Acts of the 52nd Legislature,
26-5 Regular Session, 1951 (Article 455le, Vernon's Texas Civil
26-6 Statutes), is repealed.
26-7 SECTION 4. This Act takes effect September 1, 1993.
26-8 SECTION 5. The importance of this legislation and the
26-9 crowded condition of the calendars in both houses create an
26-10 emergency and an imperative public necessity that the
26-11 constitutional rule requiring bills to be read on three several
26-12 days in each house be suspended, and this rule is hereby suspended.