By: Moncrief S.B. No. 673
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and operation of the State Board of
1-2 Dental Examiners and to the regulation of the practice of dentistry
1-3 and dental hygiene; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 4543a, Revised Statutes, is amended by
1-6 amending Sections 1, 2, 3, and 4 and adding Sections 5 and 6 to
1-7 read as follows:
1-8 Sec. 1. (a)(1) The State Board of Dental Examiners, also
1-9 known as the Texas State Board of Dental Examiners, shall consist
1-10 of 15 members. Eight <Ten> members must be reputable, practicing
1-11 dentists who have resided in the State of Texas and have been
1-12 actively engaged in the practice of dentistry for five years <next>
1-13 preceding their appointment, none of whom shall be members of the
1-14 faculty of any dental or dental hygiene school or college or of the
1-15 dental or dental hygiene department of any medical school or
1-16 college or shall have a financial interest in any such school or
1-17 college. Two members must be reputable, practicing dental
1-18 hygienists who have resided in the State of Texas and have been
1-19 actively engaged in the practice of dental hygiene for five years
1-20 <next> preceding the appointment, who are not licensed to practice
1-21 dentistry in this state, and who shall not be a member of the
1-22 faculty of any dental or dental hygiene school or college or of the
1-23 dental or dental hygiene department of any medical school or
1-24 college or shall have a financial interest in any such school or
2-1 college. Five <Three> members must be members of the general
2-2 public. A person is not eligible for appointment as a member if
2-3 the person:
2-4 (A) has ever had his license to practice
2-5 dentistry or dental hygiene revoked by the Board, provided that the
2-6 revocation has not been subsequently overturned by final order of a
2-7 court of law, based upon acts which, in the opinion of the Board,
2-8 violated any provision of the statutes of the State of Texas
2-9 relating to the practice of dentistry, dental hygiene, or any
2-10 provision of this chapter; or
2-11 (B) is an adverse party in civil litigation
2-12 against the Board.
2-13 (2) A person is not eligible for appointment as a
2-14 public member if the person or the person's spouse:
2-15 (A) is registered, certified, or licensed by an
2-16 occupational regulatory agency in the field of health care;
2-17 (B) is employed by or participates in the
2-18 management of a business entity or other organization that is
2-19 regulated by the Board or receives funds from the Board <provides
2-20 health-care services or that sells, manufactures, or distributes
2-21 health-care supplies or equipment>;
2-22 (C) owns, controls, or has, directly or
2-23 indirectly, more than a 10 percent interest in a business entity or
2-24 other organization that is regulated by the Board or receives funds
2-25 from the Board; <provides health-care services or that sells,
2-26 manufactures, or distributes health-care supplies or equipment; or>
2-27 (D) uses or receives a substantial amount of
3-1 tangible goods, services, or funds from the Board, other than
3-2 compensation or reimbursement authorized by law for Board
3-3 membership, attendance, or expenses; or
3-4 (E) is employed by an individual serving as a
3-5 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. 2. The term of office of each member of said Board
3-17 shall be limited to one six-year term or until their successors
3-18 shall be appointed and qualify. Board terms are limited to one
3-19 six-year term <except that this restriction shall not prohibit
3-20 those Board members holding office on May 1, 1981, from being
3-21 reappointed to one additional six-year term>. The terms shall be
3-22 staggered with the terms of one-third of the members expiring every
3-23 two years. The members of said Board shall be appointed by the
3-24 Governor of the State. Before entering upon the duties of his
3-25 office each member of the Board shall take the constitutional oath
3-26 of office, same to be filed with the Secretary of State. The
3-27 Governor shall designate one member of the Board as chair of the
4-1 Board to serve in that capacity at the pleasure of the Governor.
4-2 At its first meeting the Board shall organize by electing one
4-3 member <President and one> Secretary chosen to serve one year.
4-4 Said Board shall hold regular meetings at least twice a year at
4-5 such times and places as the Board shall deem most convenient for
4-6 applicants for examination. Due notice of such meetings shall be
4-7 given by publication in such papers as may be selected by the
4-8 Board. The Board may prescribe rules and regulations, in harmony
4-9 with the provision of this title governing its own proceedings and
4-10 the examinations of applicants for the practice of dentistry. The
4-11 Board is subject to the open meetings law, Chapter 271, Acts of the
4-12 60th Legislature, Regular Session, 1967, as amended (Article
4-13 6252-17, Vernon's Texas Civil Statutes), and the Administrative
4-14 Procedure and Texas Register Act, as amended (Article 6252-13a,
4-15 Vernon's Texas Civil Statutes).
4-16 Sec. 3. (a) An officer, employee, or paid consultant of a
4-17 Texas trade association in the field of health care may not be a
4-18 member or employee of the board who is exempt from the state's
4-19 position classification plan or is compensated at or above the
4-20 amount prescribed by the General Appropriations Act for step 1,
4-21 salary group 17, of the position classification salary schedule.
4-22 (b) A person who is the spouse of an officer, manager, or
4-23 paid consultant of a Texas trade association in the field of health
4-24 care may not be a Board member and may not be a Board employee who
4-25 is exempt from the state's position classification plan or is
4-26 compensated at or above the amount prescribed by the General
4-27 Appropriations Act for step 1, salary group 17, of the position
5-1 classification salary schedule.
5-2 (c) A person may not serve as a member of the Board or act
5-3 as general counsel to the Board if the person is required to
5-4 register as a lobbyist under Chapter 305, Government Code, because
5-5 of the person's activities for compensation on behalf of a
5-6 profession related to the operation of the Board.
5-7 (d) For purposes of this section, a Texas trade association
5-8 is a nonprofit, cooperative, and voluntarily joined association of
5-9 business or professional competitors in this state designed to
5-10 assist its members and its industry or profession in dealing with
5-11 mutual business or professional problems and in promoting their
5-12 common interest. <A member or employee of the Board may not be an
5-13 officer, employee, or paid consultant of a trade association in the
5-14 dental industry. A member or employee of the Board may not be
5-15 related within the second degree by affinity or within the second
5-16 degree by consanguinity, as determined under Article 5996h, Revised
5-17 Statutes, to a person who is an officer, employee, or paid
5-18 consultant of a trade association in the regulated industry. A
5-19 person who is required to register as a lobbyist under Chapter 305,
5-20 Government Code, by virtue of the person's activities on behalf of
5-21 a trade or professional association in the profession regulated by
5-22 the Board, may not serve as a member of the Board or act as the
5-23 general counsel to the Board.>
5-24 Sec. 4. (a) It is a ground for removal from the Board if a
5-25 member:
5-26 (1) does not have at the time of appointment the
5-27 qualifications required by Section 1 of this article for
6-1 appointment to the Board;
6-2 (2) does not maintain during the service on the Board
6-3 the qualifications required by Section 1 of this article for
6-4 appointment to the Board;
6-5 (3) violates a prohibition established by Section 3 of
6-6 this article; <or>
6-7 (4) fails to attend at least one-half of the regularly
6-8 scheduled meetings that the member is eligible to attend during a
6-9 calendar <held each> year; or
6-10 (5) cannot discharge the member's duties for a
6-11 substantial part of the term for which the member is appointed
6-12 because of illness or disability.
6-13 (b) The validity of an action of the Board is not affected
6-14 by the fact that it was taken when a ground for removal of a member
6-15 of the Board existed.
6-16 (c) If the Executive Director or any member of the Board has
6-17 knowledge that a potential ground for removal exists, the Executive
6-18 Director or member of the board shall notify the Board of the
6-19 ground. The Board shall then notify the Governor that a potential
6-20 ground for removal exists <informed in writing of a violation that
6-21 constitutes a ground under Subsection (a) of this section for the
6-22 removal of a member of the Board, the Board shall include on the
6-23 agenda of its next regularly scheduled meeting a review of the
6-24 alleged violation. After review, the Board shall report its
6-25 findings to the Governor for appropriate action consistent with
6-26 Article XV, Section 9, of the Texas Constitution>.
6-27 Sec. 5. (a) Each Board member shall comply with the Board
7-1 member training requirements established by any other state agency
7-2 that is given authority to establish the requirements for the
7-3 Board.
7-4 (b) The Board shall provide to its members and employees, as
7-5 often as necessary, information regarding their qualifications for
7-6 office or employment under this article and their responsibilities
7-7 under applicable laws relating to standards of conduct for state
7-8 officers or employees.
7-9 Sec. 6. (a) The Board shall establish a training program
7-10 for the members of the Board.
7-11 (b) Before a member of the Board may assume the member's
7-12 duties, the member must complete at least one course of the
7-13 training program established under this section, and before the
7-14 member may be confirmed by the senate, the member must pass an
7-15 examination given in conjunction with the attorney general on
7-16 subjects described by Subsections (c)(7), (8), and (9) of this
7-17 section.
7-18 (c) A training program established under this section shall
7-19 provide information to a participant regarding:
7-20 (1) the enabling legislation that created the Board;
7-21 (2) the programs operated by the Board;
7-22 (3) the role and functions of the Board;
7-23 (4) the rules of the Board with an emphasis on the
7-24 rules that relate to disciplinary and investigatory authority;
7-25 (5) the current budget for the Board;
7-26 (6) the results of the most recent formal audit of the
7-27 Board;
8-1 (7) the requirements of the:
8-2 (A) open meetings law, Chapter 271, Acts of the
8-3 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
8-4 Texas Civil Statutes), and its subsequent amendments;
8-5 (B) open records law, Chapter 424, Acts of the
8-6 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
8-7 Texas Civil Statutes), and its subsequent amendments; and
8-8 (C) Administrative Procedure and Texas Register
8-9 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
8-10 subsequent amendments;
8-11 (8) the requirements of the conflict of interest laws
8-12 and other laws relating to public officials; and
8-13 (9) any applicable ethics policies adopted by the
8-14 Board or the Texas Ethics Commission.
8-15 (d) In developing the training requirements provided for in
8-16 this section, the Board shall consult with the governor's office
8-17 and the Texas Ethics Commission.
8-18 (e) In the event that another state agency or entity is
8-19 given the authority to establish the training requirements, the
8-20 Board shall allow that training in lieu of developing its own
8-21 program.
8-22 SECTION 2. Article 4543b, Revised Statutes, is amended to
8-23 read as follows:
8-24 Art. 4543b. Sunset Provision. The State Board of Dental
8-25 Examiners is subject to Chapter 325, Government Code (Texas Sunset
8-26 Act). Unless continued in existence as provided by that chapter,
8-27 the board is abolished September 1, 2005 <1993>.
9-1 SECTION 3. Sections 1 and 5, Article 4544, Revised Statutes,
9-2 are amended to read as follows:
9-3 Sec. 1. (a) It shall be the duty of the Board to provide
9-4 for the examination of <examine> all applicants for license to
9-5 practice dentistry in this State. Each person applying for an
9-6 examination shall pay to said Board a fee set by the Board and
9-7 shall be granted a license to practice dentistry in this State upon
9-8 his satisfactorily passing an examination provided for <given> by
9-9 said Board on subjects and operations pertaining to dentistry which
9-10 shall include Anatomy, Physiology, Anaesthesia, Biochemistry,
9-11 Dental Materials, Diagnosis, Treatment Planning, Ethics,
9-12 Jurisprudence, Hygiene, Pharmacology, Operative Dentistry, Oral
9-13 Surgery, Orthodontia, Periodontia, Prosthetic Dentistry, Pathology,
9-14 Microbiology, and such other subjects as are regularly taught in
9-15 reputable Dental Schools as the Board may in its discretion
9-16 require. The examination shall be given either orally or in
9-17 writing, or by giving a practical demonstration of the applicant's
9-18 skill, or by any combination of such methods or subjects as the
9-19 Board may in its discretion require. The Board shall contract with
9-20 an independent or regional testing service for any required
9-21 clinical examination. In the event that the Board uses a regional
9-22 testing service, the Board is authorized to contract for or
9-23 otherwise use the services of licensed dentists in this state for
9-24 the purpose of providing assistance to the regional testing
9-25 service. The Board shall have the written portion of the
9-26 examination validated by an independent testing professional.
9-27 (b) The Board by rule shall set the number of and conditions
10-1 for examination retakes. The Board may require an applicant who
10-2 fails the examination to meet additional education requirements set
10-3 by the Board.
10-4 Sec. 5. (a) The Board shall develop a mandatory continuing
10-5 education program.
10-6 (b) The Board by rule shall:
10-7 (1) establish the minimum hours of continuing
10-8 education required for license renewal;
10-9 (2) identify the key factors that lead to the
10-10 competent performance of professional duties under this Act;
10-11 (3) develop a process to evaluate and approve
10-12 continuing education courses; and
10-13 (4) develop a process to assess a licensee's
10-14 participation and performance in continuing education courses that
10-15 will enable the Board to evaluate the overall effectiveness of the
10-16 program.
10-17 (c) The Board is authorized to assess the continuing
10-18 education needs of licensees and may require licensees to attend
10-19 continuing education courses specified by the Board <may recognize,
10-20 prepare, or carry out continuing education programs for persons it
10-21 licenses or certifies. Participation in the programs is
10-22 voluntary>.
10-23 SECTION 4. Article 4545a, Revised Statutes, is amended to
10-24 read as follows:
10-25 Art. 4545a. LICENSING BY CREDENTIALS; LICENSING OF
10-26 FOREIGN-TRAINED DENTISTS <RECIPROCAL ARRANGEMENTS>.
10-27 Sec. 1. (a) The State Board of Dental Examiners <may, in
11-1 the discretion of the Board in each instance>, upon payment by the
11-2 applicant <for registration> of a fee set by the Board, shall grant
11-3 a license to practice dentistry or dental hygiene to any reputable
11-4 dentist or dental hygienist who:
11-5 (1) is licensed in good standing as a dentist or
11-6 dental hygienist in another state, the District of Columbia, or a
11-7 territory of the United States that has licensing requirements that
11-8 are substantially equivalent to the requirements of this Act;
11-9 (2) has not been the subject of final or pending
11-10 disciplinary action in any state in which the dentist or dental
11-11 hygienist is or has been licensed;
11-12 (3) has graduated from a dental or dental hygiene
11-13 school accredited by the Commission on Dental Accreditation of the
11-14 American Dental Association;
11-15 (4) has passed a national or other examination
11-16 recognized by the Board relating to dentistry or dental hygiene;
11-17 (5) has successfully completed the Board's
11-18 jurisprudence examination;
11-19 (6) has submitted documentation of current
11-20 cardiopulmonary resuscitation certification; and
11-21 (7) has practiced dentistry or dental hygiene:
11-22 (A) for a minimum of five years immediately
11-23 prior to applying;
11-24 (B) as a dental educator for a minimum of five
11-25 years; or
11-26 (C) has completed two years of obligated service
11-27 in the state under the National Health Service Corps or other
12-1 federal scholarship or loan repayment program.
12-2 (b) The Board must complete the processing of an application
12-3 for a license not later than the 180th day after all documentation
12-4 and examination results required by this section have been received
12-5 by the Board or grant a license to the applicant.
12-6 Sec. 2. (a) The Board, upon payment by the applicant of a
12-7 fee set by the Board, shall grant a license to a dentist or dental
12-8 hygienist who has not graduated from a dental or dental hygiene
12-9 school accredited by the Commission on Dental Accreditation of the
12-10 American Dental Association if:
12-11 (1) the dentist or dental hygienist has practiced for
12-12 a minimum of five years immediately prior to applying;
12-13 (2) the dentist or dental hygienist has not been the
12-14 subject of final or pending disciplinary action in any jurisdiction
12-15 in which the dentist or dental hygienist is or has been licensed;
12-16 (3) the Board, through a procedure adopted by rule,
12-17 has determined that the educational qualifications are equivalent
12-18 to those required to practice dentistry in the state; and
12-19 (4) the dentist or dental hygienist has completed all
12-20 examinations required by the Board for licensure.
12-21 (b) The Board must complete the processing of an application
12-22 for a license not later than the 180th day after all documentation,
12-23 the determination of educational equivalency, and examination
12-24 results required by this section have been received by the Board or
12-25 grant a license to the applicant <license to practice dentistry to
12-26 any reputable dentist who is a graduate of a reputable dental
12-27 college or has qualified on examination for the certificate of
13-1 dental qualification for a commission as a dentist in the Armed
13-2 Forces of the United States and to licentiates of other States or
13-3 territories having requirements for dental registration and
13-4 practice equal to those established by this law. Applications for
13-5 license under the provisions of this Article shall be in writing
13-6 and upon a form to be prescribed by the State Board of Dental
13-7 Examiners. Said application shall be accompanied by a diploma or a
13-8 photograph thereof, awarded to the applicant by a reputable dental
13-9 college, or a certified transcript of the certificate or license or
13-10 commission issued to the applicant by the Armed Forces of the
13-11 United States, or by a license or a certified copy of license to
13-12 practice dentistry, lawfully issued to the applicant by some other
13-13 State or territory; and shall also be accompanied by an affidavit
13-14 from an executive officer of the Armed Forces of the United States,
13-15 the President or Secretary of the Board of Dental Examiners who
13-16 issued the said license, or by a legally constituted dental
13-17 registration officer of the State or territory in which the
13-18 certificate or license was granted upon which the applications for
13-19 dental registration in Texas is based. Said affidavit shall recite
13-20 that the accompanying certificate or license has not been cancelled
13-21 or revoked except by honorable discharge by the Armed Forces of the
13-22 United States, and that the statement of qualifications made in the
13-23 application for dental registration in Texas is true and correct.
13-24 Applicants for license under the provisions of this Article shall
13-25 subscribe to an oath in writing which shall be a part of said
13-26 application, stating that the license, certificate, or authority
13-27 under which the applicant practiced dentistry in the State or
14-1 territory from which the applicant removed, was at the time of such
14-2 removal in full force and not suspended or cancelled; that the
14-3 applicant is the identical person to whom the said certificate,
14-4 license, or commission and the said dental diploma were issued, and
14-5 that no proceeding was pending at the time of such removal, or is
14-6 at the present time pending against the applicant for the
14-7 cancellation of such certificate, license or authority to practice
14-8 dentistry in the State or territory in which the same was issued,
14-9 and that no prosecution was then, or is at the time of the
14-10 application, pending against the applicant in any State or Federal
14-11 Court for any offense which under the law of Texas is a felony>.
14-12 SECTION 5. Subsection (a), Section 1, Article 4548f, Revised
14-13 Statutes, is amended to read as follows:
14-14 (a) It shall be unlawful for any person, firm, or
14-15 corporation to engage in false, misleading, or deceptive
14-16 advertising arising out of or in connection with the practice of
14-17 dentistry. The Board may not adopt rules restricting competitive
14-18 bidding or advertising by a person regulated by the Board except to
14-19 prohibit false, misleading, or deceptive practices by the person.
14-20 The Board may not include in its rules to prohibit false,
14-21 misleading, or deceptive practices by a person regulated by the
14-22 Board a rule that:
14-23 (1) restricts the use of any medium for advertising;
14-24 (2) restricts the person's personal appearance or use
14-25 of the person's voice in an advertisement;
14-26 (3) relates to the size or duration of an
14-27 advertisement by the person; or
15-1 (4) restricts the person's advertisement under a trade
15-2 name, except a rule may require that an advertisement under a trade
15-3 name include the name or names of the dental owner or owners of the
15-4 practice. <Provided, however, nothing herein shall be construed to
15-5 restrict or prohibit:>
15-6 <(1) the type of advertising medium;>
15-7 <(2) the size or duration of any advertisement;>
15-8 <(3) the truthful advertising of prices for any type
15-9 of dental services;>
15-10 <(4) the use of agents or employees in advertising;>
15-11 <(5) a person's personal appearance or use of his
15-12 personal voice in an advertisement.>
15-13 SECTION 6. Article 4548h, Revised Statutes, is amended to
15-14 read as follows:
15-15 Art. 4548h. COMPLAINTS; REFUSING, REVOKING, CANCELLING, AND
15-16 SUSPENDING LICENSES
15-17 Sec. 1. (a) <AUTHORITY GRANT LICENSE.> The State Board of
15-18 Dental Examiners shall keep an information file about each
15-19 complaint filed with the Board. The Board's information file shall
15-20 be kept current and contain a record for each complaint of:
15-21 (1) all persons contacted in relation to the
15-22 complaint;
15-23 (2) a summary of findings made at each step of the
15-24 complaint process;
15-25 (3) an explanation of the legal basis and reason for a
15-26 complaint that is dismissed; and
15-27 (4) other relevant information.
16-1 (b) If a written complaint is filed with the Board that the
16-2 Board has authority to resolve, the Board, at least as frequently
16-3 as quarterly and until final disposition of the complaint, shall
16-4 notify the parties to the complaint of the status of the complaint
16-5 unless the notice would jeopardize an undercover investigation.
16-6 (c) The Board by rule shall adopt a form to standardize
16-7 information concerning complaints made to the Board. The Board by
16-8 rule shall prescribe information to be provided to a person when
16-9 the person files a complaint with the Board.
16-10 (d) The Board shall provide reasonable assistance to a
16-11 person who wishes to file a complaint with the Board.
16-12 (e) The Board shall adopt rules concerning the investigation
16-13 of a complaint filed with the Board. The rules adopted under this
16-14 subsection shall:
16-15 (1) distinguish between categories of complaints;
16-16 (2) ensure that complaints are not dismissed without
16-17 appropriate consideration;
16-18 (3) require that the Board be advised of a complaint
16-19 that is dismissed and that a letter be sent to the person who filed
16-20 the complaint explaining the action taken on the dismissed
16-21 complaint;
16-22 (4) ensure that the person who filed the complaint has
16-23 an opportunity to explain the allegations made in the complaint;
16-24 and
16-25 (5) require that all investigators used by the Board
16-26 shall be state employees.
16-27 (f) The Board shall dispose of all complaints in a timely
17-1 manner. The Board shall establish a schedule for conducting each
17-2 phase of a complaint that is under the control of the Board. The
17-3 schedule shall be kept in the information file for the complaint.
17-4 A change in the schedule must be noted in the complaint information
17-5 file.
17-6 (g) The Executive Director of the Board shall notify the
17-7 Board of the number of complaints that extend beyond a two-year
17-8 time frame for resolution. The Executive Director shall provide
17-9 the Board with an explanation of the reasons that the complaints
17-10 have not been resolved. The notice and explanation required shall
17-11 be provided to the Board periodically at regularly scheduled Board
17-12 meetings.
17-13 (h) The Board by rule shall adopt procedures governing:
17-14 (1) informal disposition of a contested case under
17-15 Section 13(e), Administrative Procedure and Texas Register Act
17-16 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
17-17 subsequent amendments; and
17-18 (2) informal proceedings held in compliance with
17-19 Section 18(c), Administrative Procedure and Texas Register Act
17-20 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
17-21 subsequent amendments.
17-22 (i) Rules adopted under this section must provide the
17-23 complainant, where applicable and permitted by law, an opportunity
17-24 to be heard, must provide the licensee an opportunity to be heard,
17-25 and must require the presence of an attorney to advise the Board or
17-26 the Board's employees. The attorney must be a member of the
17-27 Board's legal staff, if the Board has a legal staff. If the Board
18-1 does not have a legal staff, the attorney must be an employee of
18-2 the office of the attorney general.
18-3 (j) The Board by rule shall develop a system for monitoring
18-4 license holders' compliance with the requirements of this Act.
18-5 Rules adopted under this section shall include procedures for
18-6 monitoring a license holder who is ordered by the Board to perform
18-7 certain acts to ascertain that the license holder performs the
18-8 required acts and to identify and monitor license holders who
18-9 represent a risk to the public <be and they are hereby authorized
18-10 to refuse to grant a license to practice dentistry to any person or
18-11 persons who have been guilty, in the opinion of said Board, of
18-12 violating any of the provisions of the Statutes of the State of
18-13 Texas relating to the practice of dentistry, or any provisions of
18-14 Chapter 9, Title 71, Revised Civil Statutes of Texas, 1925, as
18-15 amended, within twelve (12) months prior to the filing of an
18-16 application for such license>.
18-17 Sec. 2. <REVOCATION, CANCELLATION, OR SUSPENSION OF
18-18 LICENSE.> (a) The <State> Board <of Dental Examiners> shall
18-19 revoke, cancel or suspend any license or licenses that may have
18-20 been issued by such Board, place on probation a person whose
18-21 license has been suspended, or reprimand a licensee if in the
18-22 opinion of a majority of such Board, any person or persons to whom
18-23 a license has been issued by said Board to practice dentistry or
18-24 dental hygiene in this State, shall have, after the issuance of
18-25 such license, violated any of the provisions of the Statutes of the
18-26 State of Texas relating to the practice of dentistry or dental
18-27 hygiene in this State, or any of the provisions of Chapter 9, Title
19-1 71, Revised Civil Statutes of Texas, 1925, as amended, or any
19-2 amendments that may hereafter be made thereto, or a rule of the
19-3 Board. All revocations, cancellations or suspensions of licenses
19-4 by the Texas State Board of Dental Examiners shall be made in the
19-5 manner provided by the Administrative Procedure and Texas Register
19-6 Act (Article 6252-13a, Vernon's Texas Civil Statutes).
19-7 (b) All complaints to be considered by the Board under this
19-8 article shall be made in writing and<, subscribed and sworn to by
19-9 the person presenting such complaint, which complaint> shall set
19-10 out the alleged violations of such Statutes or rules <and declaring
19-11 it to be the opinion of the person presenting such complaint that
19-12 the person or persons so accused have so violated said Statutes>.
19-13 (c) All complaints under this article as received shall be
19-14 filed with the Secretary of the Board or an authorized employee of
19-15 the Board. All complaints filed with the Board shall be reviewed
19-16 to determine jurisdiction, and if jurisdiction exists <When a
19-17 complaint is made by a member of the Board, its agents or
19-18 employees>, the Secretary of the Board or designee <shall cause
19-19 such complaint to be docketed on its records in the name of the
19-20 Texas State Board of Dental Examiners versus the person against
19-21 whom such complaint has been made, and shall mail a copy of such
19-22 docketed complaint by registered mail to the accused person under
19-23 the jurisdiction of the Texas State Board of Dental Examiners
19-24 charged with having violated such Statutes. When a complaint is
19-25 made by others than the members of the Board, its agents or
19-26 employees, the Board or its duly authorized representative> shall
19-27 cause an investigation of such complaint to be made to determine
20-1 the facts in such case. If <, and if> the facts as determined by
20-2 such investigation<, in the discretion of the Secretary of the
20-3 Board,> justify further action, the disposition of the complaint
20-4 shall comply with this article <the docketing of such complaint for
20-5 hearing before the Board, then the Secretary of the Board shall
20-6 cause such complaint to be docketed on its records in the name of
20-7 the Texas State Board of Dental Examiners versus the person against
20-8 whom such complaint has been made, and shall mail a copy of such
20-9 docketed complaint by registered mail to the accused person under
20-10 the jurisdiction of the Texas State Board of Dental Examiners
20-11 charged with having violated such Statutes>.
20-12 (d) If a licensee suspension is probated, the Board may
20-13 require the practitioner:
20-14 (1) to report regularly to the Board on matters that
20-15 are the basis of the probation;
20-16 (2) to limit practice to the areas prescribed by the
20-17 Board; or
20-18 (3) to continue or review professional education until
20-19 the practitioner attains a degree of skill satisfactory to the
20-20 Board in those areas that are the basis of the probation.
20-21 (e) If the Board or an executive committee of the Board
20-22 determines from the evidence or information presented to it that a
20-23 person licensed under this Act by continuation in practice would
20-24 constitute a clear, imminent or continuing threat to a person's
20-25 physical health or well-being, the Board or the executive committee
20-26 of the Board shall temporarily suspend the license of that person.
20-27 The license may be suspended under this section without notice or
21-1 hearing on the complaint, provided institution of proceedings for a
21-2 hearing held by the State Office of Administrative Hearings is
21-3 initiated simultaneously with the temporary suspension. A hearing
21-4 shall be held not later than fourteen (14) days after the date of
21-5 the suspension unless a continuance is requested by the licensee.
21-6 A second hearing on the suspension shall be held by the State
21-7 Office of Administrative Hearings within sixty (60) days after the
21-8 date the suspension was ordered or after the date specified in the
21-9 continuance requested by the licensee. The time requirements in
21-10 this subsection must be adhered to or the suspension is lifted
21-11 without further order or action.
21-12 (f) All complaints considered by the Board must be filed
21-13 with the Board within four (4) years after the date on which the
21-14 act occurred or within four (4) years after a complainant
21-15 discovered or in the exercise of reasonable diligence should have
21-16 discovered, the occurrence of the act.
21-17 Sec. 3. <APPEAL TO COURT.> (a) A person aggrieved by a
21-18 ruling, order, or decision of the Board under this article has the
21-19 right to appeal to a district court in the county of his residence
21-20 or in the county where the alleged offense occurred within thirty
21-21 (30) days from the service of notice of the action of the <State>
21-22 Board <of Dental Examiners>.
21-23 (b) The appeal having been properly filed, the court may
21-24 request of the Board and the Board on receiving the request shall
21-25 within thirty (30) days prepare and transmit to the court a
21-26 certified copy of its entire record in the matter in which the
21-27 appeal has been taken. The appeal shall be tried in accordance
22-1 with the Texas Rules of Civil Procedure.
22-2 (c) <In the event an appeal is taken by a licensee, the
22-3 appeal shall act as a supersedeas providing the appealing party
22-4 files a bond as the court may direct, and the court shall dispose
22-5 of the appeal and enter its decision promptly.>
22-6 <(d)> If an aggrieved person fails to perfect an appeal as
22-7 provided in this section, the Board's ruling shall become final.
22-8 (d) <(e)> Review by the court shall be by the substantial
22-9 evidence rule and not de novo.
22-10 (e) The court may, in its discretion, permit a person who
22-11 files an appeal under this section to stay enforcement of penalty
22-12 or punishment by giving to the court a supersedeas bond that is
22-13 approved by the court, unless there is a finding of clear, imminent
22-14 or continuing harm to a person's physical health or well-being by
22-15 the State Office of Administrative Hearings under Section 2(e) of
22-16 this article. If the court sustains the occurrence of the
22-17 violation, the court may uphold the amount of penalty or punishment
22-18 assessed or may reduce the amount of penalty or punishment
22-19 assessed. If the court does not sustain the occurrence of the
22-20 violation, the court shall order that no penalty or punishment is
22-21 assessed.
22-22 Sec. 4. <ADDITIONAL OFFICES.> No statute relating to the
22-23 practice of dentistry in this State shall be construed to prohibit
22-24 any duly authorized, licensed, and registered dentist from
22-25 maintaining any number of offices in this State, provided said
22-26 dentist assumes full legal responsibility and liability for the
22-27 dental services rendered in such offices and further provided that
23-1 the dentist complies with such requirements as may be prescribed by
23-2 the Board in its Rules <and Regulations> for the purpose of
23-3 protecting the health and safety of the patients receiving dental
23-4 care at such offices.
23-5 SECTION 7. Article 4548i, Revised Statutes, is amended to
23-6 read as follows:
23-7 Art. 4548i. Punishment. (a) Any person who shall violate
23-8 any provision of Chapter Nine, Title 71, Revised Statutes, commits
23-9 an offense. An offense under this section is a Class A
23-10 misdemeanor. If it is shown at a trial of an offense under this
23-11 section that the defendant was previously convicted under this
23-12 section of any misdemeanor or the offense involves practicing
23-13 without an appropriate license issued by the Board, the offense is
23-14 a felony of the third degree. Each day of such violation shall be
23-15 a separate offense.
23-16 (b) Any person who shall violate a provision of Chapter
23-17 Nine, Title 71, Revised Statutes, is liable to the state for a
23-18 civil penalty in an amount not to exceed $2,500. Each day a
23-19 violation continues or occurs is a separate violation for the
23-20 purpose of imposing a penalty. On request of the Board, the
23-21 attorney general or the county attorney or district attorney of the
23-22 county in which the violation is alleged to have occurred shall
23-23 file suit to collect the penalty. A civil penalty collected under
23-24 this section shall be deposited in the state treasury to the credit
23-25 of the general revenue fund.
23-26 SECTION 8. Chapter 9, Title 71, Revised Statutes, is amended
23-27 by adding Article 4548j to read as follows:
24-1 Art. 4548j. ADMINISTRATIVE PENALTY. (a) The Board may
24-2 impose an administrative penalty against a person licensed or
24-3 regulated under this Act who violates this Act or a rule or order
24-4 adopted under this Act.
24-5 (b) The penalty for a violation may be in an amount not to
24-6 exceed $5,000. Each day a violation continues or occurs is a
24-7 separate violation for purposes of imposing a penalty.
24-8 (c) The Executive Director of the Board or a subcommittee of
24-9 the Board shall determine the amount of the penalty based on a
24-10 standardized penalty schedule. Any subcommittee of the Board shall
24-11 consist of at least one public member of the Board. The penalty
24-12 schedule shall be developed by the Board, through rule, and shall
24-13 be based on the following criteria:
24-14 (1) the seriousness of the violation, including but
24-15 not limited to the nature, circumstances, extent, and gravity of
24-16 the prohibited acts, and the hazard or potential hazard created to
24-17 the health, safety, or welfare of the public;
24-18 (2) the economic damage to property or the environment
24-19 caused by the violation;
24-20 (3) the history of previous violations;
24-21 (4) the amount necessary to deter future violations;
24-22 (5) efforts to correct the violation; and
24-23 (6) any other matter that justice may require.
24-24 (d) An Executive Director or a subcommittee of the Board who
24-25 determines that a violation has occurred may issue to the Board a
24-26 report that states the facts on which the determination is based
24-27 and the director's or the subcommittee's recommendation on the
25-1 imposition of a penalty, including a recommendation on the amount
25-2 of the penalty.
25-3 (e) Within 14 days after the date the report is approved by
25-4 the Board, the Executive Director shall give written notice of the
25-5 report to the person. The notice may be given by certified mail.
25-6 The notice must include a notice of all the alleged violations and
25-7 a statement of the amount of the recommended penalty and must
25-8 inform the person that the person has a right to a hearing on the
25-9 occurrence of the violation, the amount of the penalty, or both the
25-10 occurrence of the violation and the amount of the penalty.
25-11 (f) Within 20 days after the date the person receives the
25-12 notice, the person in writing may accept the determination and
25-13 recommended penalty of the Executive Director or subcommittee or
25-14 may make a written request for a hearing on the occurrence of the
25-15 violation, the amount of the penalty, or both the occurrence of the
25-16 violation and the amount of the penalty.
25-17 (g) If the person accepts the determination and recommended
25-18 penalty of the Executive Director or subcommittee, the Board by
25-19 order shall approve the determination and impose the recommended
25-20 penalty.
25-21 (h) If the person requests a hearing or fails to respond
25-22 timely to the notice, the Executive Director shall set a hearing
25-23 and give notice of the hearing to the person. The hearing shall be
25-24 held by an administrative law judge of the State Office of
25-25 Administrative Hearings. The administrative law judge shall make
25-26 findings of fact and conclusions of law and promptly issue to the
25-27 Board a proposal for a decision about the occurrence of the
26-1 violation and the amount of a proposed penalty. Based on the
26-2 findings of fact, conclusions of law, and proposal for a decision,
26-3 the Board by order may find that a violation has occurred and
26-4 impose a penalty or may find that no violation occurred.
26-5 (i) The notice of the Board's order given to the person
26-6 under the Administrative Procedure and Texas Register Act (Article
26-7 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
26-8 amendments must include a statement of the right of the person to
26-9 judicial review of the order.
26-10 (j) Within 30 days after the date the Board's order is final
26-11 as provided by Section 16(c), Administrative Procedure and Texas
26-12 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
26-13 its subsequent amendments, the person shall:
26-14 (1) pay the amount of the penalty;
26-15 (2) pay the amount of the penalty and file a petition
26-16 for judicial review contesting the occurrence of the violation, the
26-17 amount of the penalty, or both the occurrence of the violation and
26-18 the amount of penalty; or
26-19 (3) without paying the amount of the penalty, file a
26-20 petition for judicial review contesting the occurrence of the
26-21 violation, the amount of the penalty, or both the occurrence of the
26-22 violation and the amount of penalty.
26-23 (k) Within the 30-day period, a person who acts under
26-24 Subsection (j)(3) of this section may:
26-25 (1) stay enforcement of penalty by:
26-26 (A) paying the amount of the penalty to the
26-27 court for placement in an escrow account; or
27-1 (B) giving to the court a supersedeas bond that
27-2 is approved by the court for the amount of the penalty and that is
27-3 effective until all judicial review of the Board's order is final;
27-4 or
27-5 (2) request the court to stay enforcement of the
27-6 penalty by:
27-7 (A) filing with the court a sworn affidavit of
27-8 the person stating that the person is financially unable to pay the
27-9 amount of the penalty and is financially unable to give the
27-10 supersedeas bond; and
27-11 (B) giving a copy of the affidavit to the
27-12 Executive Director by certified mail.
27-13 (l) An Executive Director who receives a copy of an
27-14 affidavit under Subsection (k)(2) of this section may file with the
27-15 court, within five days after the date the copy is received, a
27-16 contest to the affidavit. The court shall hold a hearing on the
27-17 facts alleged in the affidavit as soon as practicable and shall
27-18 stay the enforcement of the penalty on finding that the alleged
27-19 facts are true. The person who files an affidavit has the burden
27-20 of proving that the person is financially unable to pay the amount
27-21 of the penalty and to give the supersedeas bond.
27-22 (m) If the person does not pay the amount of the penalty and
27-23 the enforcement of the penalty is not stayed, the Executive
27-24 Director may refer the matter to the attorney general for
27-25 collection of the amount of the penalty.
27-26 (n) Judicial review of the order of the Board:
27-27 (1) is instituted by filing a petition as provided by
28-1 Section 19, Administrative Procedure and Texas Register Act
28-2 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
28-3 subsequent amendments; and
28-4 (2) is under the substantial evidence rule.
28-5 (o) If the court sustains the occurrence of the violation,
28-6 the court may uphold or reduce the amount of the penalty and order
28-7 the person to pay the full or reduced amount of the penalty. If
28-8 the court does not sustain the occurrence of the violation, the
28-9 court shall order that no penalty is owed.
28-10 (p) When the judgment of the court becomes final, the court
28-11 shall proceed under this subsection. If the person paid the amount
28-12 of the penalty and if that amount is reduced or is not upheld by
28-13 the court, the court shall order that the appropriate amount plus
28-14 accrued interest be remitted to the person. The rate of the
28-15 interest is the rate charged on loans to depository institutions by
28-16 the New York Federal Reserve Bank, and the interest shall be paid
28-17 for the period beginning on the date the penalty was paid and
28-18 ending on the date the penalty is remitted. If the person gave a
28-19 supersedeas bond and if the amount of the penalty is reduced, the
28-20 court shall order the release of the bond after the person pays the
28-21 amount.
28-22 (q) A penalty collected under this section shall be remitted
28-23 to the comptroller for deposit in the Dental Registration Fund in
28-24 the general revenue fund. These funds may only be used to fund an
28-25 approved peer assistance program.
28-26 (r) All proceedings under this section are subject to the
28-27 Administrative Procedure and Texas Register Act (Article 6252-13a,
29-1 Vernon's Texas Civil Statutes) and its subsequent amendments.
29-2 (s) Nothing in this article shall be construed as preventing
29-3 the board from assessing an administrative penalty using an
29-4 informal proceeding governed by the requirements in Article 4548h,
29-5 Revised Statutes.
29-6 SECTION 9. Article 4549, Revised Statutes, is amended to
29-7 read as follows:
29-8 Art. 4549. REFUSAL TO EXAMINE OR ISSUE LICENSE; JUDICIAL
29-9 SUSPENSIONS AND REVOCATIONS <DISCIPLINARY ACTIONS>
29-10 Sec. 1. The <Texas> State Board of Dental Examiners shall
29-11 have authority to refuse to examine any person or refuse to issue a
29-12 dental license or a dental hygienist license to any person for any
29-13 one or more of the following causes:
29-14 (a) Proof of presentation to the Board of any dishonest or
29-15 fake evidence of qualification, or being guilty of any illegality,
29-16 fraud or deception in the process of examination, or for the
29-17 purpose of securing a license or certificate.
29-18 (b) Proof of chronic or habitual intoxication or addiction
29-19 to drugs on the part of the applicant.
29-20 (c) Proof that the applicant has been guilty of dishonest or
29-21 illegal practices in or connected with the practice of dentistry or
29-22 dental hygiene.
29-23 (d) Proof of conviction of the applicant of a felony
29-24 involving moral turpitude under the laws of this State or any other
29-25 State or of the United States.
29-26 (e) Proof that the applicant violated any of the provisions
29-27 of the Statutes of the State of Texas relating to the practice of
30-1 dentistry or any provisions of Chapter 9, Title 71, Revised
30-2 Statutes, and its subsequent amendments, within 12 months before
30-3 the filing of an application for the license.
30-4 Sec. 2. <The provisions of this Article relating to the
30-5 suspension or revocation of a license do not apply to a person
30-6 convicted of a felony under Chapter 481, Health and Safety Code,
30-7 Section 485.033, Health and Safety Code, or Chapter 483, Health and
30-8 Safety Code.>
30-9 <Sec. 3.> The <Texas> State Board of Dental Examiners <and
30-10 the District Courts of this State> shall have <concurrent>
30-11 jurisdiction and authority, after notice and hearing <as
30-12 hereinafter provided>, to suspend or revoke a dental license or a
30-13 dental hygienist license, to place on probation a person whose
30-14 license or certificate is suspended, or to reprimand a licensee or
30-15 certificate holder, and in addition to or in lieu of said
30-16 suspension, revocation, probation, or reprimand, to assess an
30-17 administrative penalty as provided for in Article 4548j, Revised
30-18 Statutes, <a fine in an amount not to exceed $2,500 payable to the
30-19 dental registration fund> for any one or more of the following
30-20 causes:
30-21 (a) Proof of insanity of the holder of a license or
30-22 certificate, as adjudged by the regularly constituted authorities.
30-23 (b) Proof of conviction of the holder of a license or
30-24 certificate of any felony or a misdemeanor involving fraud under
30-25 the laws of this State or any other State or of the United States.
30-26 (c) That the holder thereof has been or is guilty of
30-27 dishonorable conduct, malpractice or gross incompetency in the
31-1 practice of dentistry or dental hygiene.
31-2 (d) That the holder thereof has been or is guilty of any
31-3 deception or misrepresentation for the purpose of soliciting or
31-4 obtaining patronage.
31-5 (e) That the holder thereof procured a license or
31-6 certificate through fraud or misrepresentation.
31-7 (f) That the holder thereof is addicted to habitual
31-8 intoxication or the use of drugs.
31-9 (g) That a dentist employs or permits or has employed or
31-10 permitted persons to practice dentistry in the office or offices
31-11 under his control or management, who were not licensed to practice
31-12 dentistry.
31-13 (h) That the holder thereof has failed to use proper
31-14 diligence in the conduct of his practice or to safeguard his
31-15 patients against avoidable infections.
31-16 (i) That the holder thereof has failed or refused to comply
31-17 with any State law relating to the regulation of dentists or dental
31-18 hygienists.
31-19 (j) That the holder thereof has failed or refused to comply
31-20 with the adopted and promulgated rules and regulations of the
31-21 Board.
31-22 (k) That the holder thereof is physically or mentally
31-23 incapable of practicing with safety to dental patients.
31-24 (l) That the holder thereof has been negligent in the
31-25 performance of dental services which injured or damaged dental
31-26 patients.
31-27 (m) Proof of suspension, revocation, probation, reprimand,
32-1 or other restriction by another State of a license or certificate
32-2 to practice dentistry or dental hygiene based upon acts by the
32-3 licensee or certificate holder enumerated in this section.
32-4 (n) That the holder thereof has knowingly provided or agreed
32-5 to provide dental care in a manner which violates any provision of
32-6 federal or State law regulating a plan whereby any person
32-7 undertakes to provide, arrange for, pay for, or reimburse any part
32-8 of the cost of any dental care services or regulating the business
32-9 of insurance.
32-10 Sec. 3 <4>. (a) If the Board proposes to refuse to examine
32-11 a person, <to suspend or revoke a license or certificate, to place
32-12 on probation a person whose license or certificate has been
32-13 suspended, or to reprimand a licensee or certificate holder,> the
32-14 person is entitled to a hearing before the Board.
32-15 (b) The hearing under this section and an appeal from the
32-16 hearing under this section are governed by the Administrative
32-17 Procedure and Texas Register Act, as amended (Article 6252-13a,
32-18 Vernon's Texas Civil Statutes).
32-19 <Sec. 5. (a) All complaints to be considered by the Board
32-20 shall be made in writing, subscribed and sworn to by the person
32-21 presenting such complaint, which complaint shall set out the
32-22 alleged violations of such Statutes or rules and declaring it to be
32-23 the opinion of the person presenting such complaint that the person
32-24 or persons so accused have so violated said Statutes or rules.>
32-25 <(b) All complaints as received shall be filed with the
32-26 Secretary of the Board or an authorized employee of the Board.
32-27 When a complaint is made by a member of the Board, its agents or
33-1 employees, the Secretary of the Board or its authorized employee
33-2 shall cause such complaint to be docketed on its records in the
33-3 name of the Texas State Board of Dental Examiners versus the person
33-4 against whom such complaint has been made, and shall mail a copy of
33-5 such docketed complaint by registered or certified mail to the
33-6 accused person under the jurisdiction of the Texas State Board of
33-7 Dental Examiners charged with having violated such Statutes or
33-8 rules. When a complaint is made by others than the members of the
33-9 Board, its agents or employees, the Board or its duly authorized
33-10 representative shall cause an investigation of such complaint to be
33-11 made to determine the facts in such case, and if the facts as
33-12 determined by such investigation, in the discretion of the
33-13 Secretary of the Board or its authorized employee, justify the
33-14 docketing of such complaint for hearing before the Board, then the
33-15 Secretary of the Board or its authorized employee shall cause such
33-16 complaint to be docketed on its records in the name of the Texas
33-17 State Board of Dental Examiners versus the person against whom such
33-18 complaint has been made, and shall mail a copy of such docketed
33-19 complaint by registered or certified mail to the accused person
33-20 under the jurisdiction of the Texas State Board of Dental Examiners
33-21 charged with having violated such Statutes or rules.>
33-22 <(c) The Board shall keep an information file about each
33-23 complaint filed with the Board relating to a licensee or
33-24 certificate holder. If a written complaint is filed with the Board
33-25 relating to a licensee or certificate holder, the Board, at least
33-26 as frequently as quarterly and until final disposition of the
33-27 complaint, shall notify the parties to the complaint of the status
34-1 of the complaint unless the notice would jeopardize an undercover
34-2 investigation.>
34-3 <(d) The Board may request a dental peer review or grievance
34-4 committee to submit information to the Board about the activities
34-5 of the committee.>
34-6 <Sec. 6. If said Board shall make and enter any order
34-7 revoking or suspending any person's license or certificate, placing
34-8 a person on probation, or reprimanding a person as hereinabove
34-9 provided, the person may take an appeal to the District Court of
34-10 the County of the residence of the person by filing an appropriate
34-11 petition for such purpose. Said cause shall be placed on the
34-12 docket of said Court in the name of the party or parties filing
34-13 same, as plaintiff, and the Texas State Board of Dental Examiners,
34-14 as defendants.>
34-15 <Sec. 7. Proceedings before the District Courts of this
34-16 State shall be as follows:>
34-17 <It shall be the duty of the several District and County
34-18 Attorneys of this State, on the request of any member of the Texas
34-19 State Board of Dental Examiners or by complaint presented to any
34-20 District Court of the State or county in which such alleged offense
34-21 occurred, to file and prosecute appropriate judicial proceedings in
34-22 the name of the State against the person or persons alleged to have
34-23 so violated such Statute. Such complaint shall be made in writing
34-24 and filed in the District Court of the State or county in which the
34-25 alleged offense occurred, and such complaint shall distinctly set
34-26 forth the charges and grounds thereof and shall be subscribed and
34-27 sworn to. When such complaint is made by any County or District
35-1 Attorney, as herein provided, it shall be subscribed and sworn to
35-2 by the prosecutor and shall be filed with the Clerk of the Court.
35-3 The Court, upon the filing of said complaint, shall order the
35-4 accused dentist to show cause why his license to practice dentistry
35-5 in this State shall not be suspended or revoked.>
35-6 <Citation therein shall be issued in the name of the State of
35-7 Texas and in manner and form as in other cases and the same shall
35-8 be served upon the defendant at least twenty (20) days before the
35-9 trial date set therein. Upon the return of said citation executed,
35-10 if the defendant shall appear and deny the charge, the cause shall
35-11 be docketed for trial and conducted in the name of the State of
35-12 Texas against the defendant. A jury of twelve (12) persons shall
35-13 be summoned as in cases during term time of the court when no
35-14 regular jury is available and as prescribed by law and shall be
35-15 impanelled unless waived by the defendant, and the cause shall be
35-16 tried in like manner as in other civil cases. If the said accused
35-17 dentist be found guilty or shall fail to appear and deny the charge
35-18 after being cited as aforesaid, the Court may by proper order
35-19 entered on the minutes, suspend his license for a time or revoke
35-20 and cancel it entirely and may also give proper judgment of cost,
35-21 from which order an appeal may be taken to the Court of Civil
35-22 Appeals as in other civil cases.>
35-23 SECTION 10. Article 4549b, Revised Statutes, is amended to
35-24 read as follows:
35-25 Art. 4549b. CONSUMER INFORMATION. (a) The Board shall
35-26 prepare information of public <consumer> interest describing the
35-27 <regulatory> functions of the Board and <describing> the Board's
36-1 procedures by which <consumer> complaints are filed with and
36-2 resolved by the Board. The Board shall make the information
36-3 available to the general public and appropriate state agencies.
36-4 (b) The Board by rule shall establish methods by which
36-5 consumers and service recipients are notified of the name, mailing
36-6 address, and telephone number of the Board for the purpose of
36-7 directing complaints to the Board. The Board may provide for that
36-8 notification:
36-9 (1) on each registration form, application, brochure,
36-10 or written contract for services of an individual or entity
36-11 regulated under this Act;
36-12 (2) on a sign prominently displayed in the place of
36-13 business of each individual or entity regulated under this Act; or
36-14 (3) in a bill for service provided by an individual or
36-15 entity regulated under this Act.
36-16 (c) The Board shall list along with its regular telephone
36-17 number the toll-free telephone number that may be called to present
36-18 a complaint about a health professional if the toll-free number is
36-19 established under other state law.
36-20 SECTION 11. Sections 1, 2, and 4, Article 4550a, Revised
36-21 Statutes, are amended to read as follows:
36-22 Sec. 1. It shall be the duty of all persons holding a dental
36-23 license or dental hygienist license issued by the State Board of
36-24 Dental Examiners, to annually apply and to be registered as such
36-25 practitioners with the State Board of Dental Examiners on or before
36-26 March 1st of each calendar year. Each person so registering shall
36-27 pay in connection with such annual registration for the receipt
37-1 hereinafter provided for, a fee as determined by said Board
37-2 according to the needs of said Board, such payment to be made by
37-3 each person to such Board, and every person so registering shall
37-4 file with said Board a written application setting forth such facts
37-5 as the Board may require. A person holding a dental hygienist
37-6 license must attach to the application proof of current
37-7 certification <that the person has successfully completed a course>
37-8 in cardiopulmonary resuscitation given or approved by the American
37-9 Heart Association or American Red Cross <not earlier than one year
37-10 before the date on which the license must be renewed or>, in the
37-11 event that the person is not physically capable of successfully
37-12 completing such training, a written statement executed by either a
37-13 licensed physician or an instructor in cardiopulmonary
37-14 resuscitation approved by the American Heart Association or
37-15 American Red Cross that describes such physical incapacity. In
37-16 lieu of this requirement for annual cardiopulmonary resuscitation
37-17 certification, a dental hygienist licensed by the Texas State Board
37-18 of Dental Examiners and residing in a country other than the United
37-19 States may satisfy this requirement by submitting proof of
37-20 residence upon the annual date of renewal. Upon receipt of such
37-21 applications, accompanied by such fees, said Board, after
37-22 ascertaining either from its records or other sources deemed by it
37-23 to be reliable, that the applicant holds a valid license or
37-24 certificate to practice in this State, shall issue to the applicant
37-25 an annual registration certificate or receipt certifying that he
37-26 has filed such application and has paid the required fee; provided,
37-27 that the filing of such application, the payment of such fee, and
38-1 the issuance of such receipt therefor, shall not entitle the holder
38-2 thereof to lawfully practice within the State of Texas unless he in
38-3 fact holds a license or certificate as such practitioner issued by
38-4 the State Board of Dental Examiners, as provided by this law, and
38-5 unless said license or certificate is in full force and effect; and
38-6 provided further, that in any prosecution for unlawful practice
38-7 such receipt showing payment of the annual registration fee
38-8 required by this chapter shall not be treated as evidence that the
38-9 holder thereof is lawfully entitled to practice.
38-10 Sec. 2. (a) If any person required to register as a
38-11 practitioner under the provisions hereof shall fail or refuse to
38-12 apply for such registration and pay such fee on or before the
38-13 specified date <March 1st> of each calendar year, as hereinabove
38-14 set forth, his license or certificate to practice issued to him,
38-15 shall thereafter stand suspended so that thereafter in practicing
38-16 he shall be subject to the penalties imposed by law upon any person
38-17 unlawfully practicing.
38-18 (b) A person may renew an unexpired license or certificate
38-19 by paying to the Board before the expiration of the license or
38-20 certificate the required renewal fee.
38-21 (c) If a person's license or certificate has been expired
38-22 for not longer than ninety (90) days, the person may renew it by
38-23 paying to the Board the required renewal fee and a fee that is
38-24 one-half of the examination fee for the license or certificate.
38-25 (d) If a person's license or certificate has been expired
38-26 for longer than ninety (90) days but less than one year <two
38-27 years>, the person may renew it by paying to the Board all unpaid
39-1 renewal fees and a fee that is equal to the examination fee for the
39-2 license or certificate.
39-3 (e) If a person's license or certificate has been expired
39-4 for one year <two years> or longer, the person may not renew it,
39-5 except as provided by Section 2A of this article. The person may
39-6 obtain a new license or certificate by submitting to reexamination
39-7 and complying with the requirements and procedures for obtaining an
39-8 original license or certificate. However, the Board may adopt
39-9 rules providing for renewal without reexamination of an expired
39-10 license of a person who was licensed in this state, moved to
39-11 another state, and is currently licensed and has been in practice
39-12 in the other state for the two years preceding application. The
39-13 person must pay to the Board a fee that is equal to the examination
39-14 fee for the license.
39-15 (f) At least thirty (30) days before the expiration of a
39-16 person's license, the <The> Board shall send written notice of the
39-17 impending license expiration to the person at the licensee's last
39-18 known address according to the records of the Board <must notify
39-19 each licensee in writing of that licensee's impending license
39-20 expiration 30 days prior to said expiration and shall attempt to
39-21 obtain from the licensee signed receipt confirming receipt of
39-22 notification>.
39-23 (g) Provided, however, that the requirements governing the
39-24 payment of the annual registration fees and penalties for late
39-25 registration shall not apply to licensees who are on active duty
39-26 with the Armed Forces of the United States of America, and are not
39-27 engaged in private or civilian practice.
40-1 (h) The Board by rule may adopt a system under which
40-2 licenses expire on various dates during the year. For the year in
40-3 which the license expiration date is changed, license fees payable
40-4 on March 1 shall be prorated on a monthly basis so that each
40-5 licensee shall pay only that portion of the license fee that is
40-6 allocable to the number of months during which the license is
40-7 valid. On renewal of the license on the new expiration date, the
40-8 total license renewal fee is payable.
40-9 Sec. 4. (a) To aid the Board in performing its duties, the
40-10 Board is hereby authorized to employ an Executive <Secretary or>
40-11 Director who shall receive a salary to be fixed by the Board, and
40-12 who shall make and file a surety bond in a sum not less than Five
40-13 Thousand Dollars ($5,000) conditioned for the faithful performance
40-14 of all the duties of the <his> office and the safekeeping and
40-15 proper disbursement of said "Dental Registration Fund" and all
40-16 other funds received by the Executive Director <coming into his
40-17 hands>; such salary shall be paid out of said "Dental Registration
40-18 Fund" and shall not be in any way a charge upon the general revenue
40-19 of the State. The Executive Director, with the consent of the
40-20 Board, may employ an Assistant Executive Director who shall perform
40-21 all the duties required by law to be performed by the Executive
40-22 Director when said Executive Director is absent or unable to act
40-23 for any reason. Said Board shall employ and provide such other
40-24 employees as may be needed to assist the Executive <Secretary or>
40-25 Director in performing the Executive Director's <his> duties and in
40-26 carrying out the purposes of this Act, provided that their
40-27 compensation shall be paid only out of the said "Dental
41-1 Registration Fund." All disbursements from "Dental Registration
41-2 Fund" shall be made only upon the written approval of the President
41-3 of the Board, Secretary of said Board, or an employee designated by
41-4 the Board and upon warrants drawn by the Comptroller to be paid out
41-5 of said fund.
41-6 (b) The Executive Director or the Executive Director's <his>
41-7 designee shall develop <within one year of the effective date of
41-8 this Act> an intraagency career ladder program. The program shall
41-9 require<, one part of which shall be> the intraagency posting of
41-10 all nonentry level positions concurrently with <for at least ten
41-11 (10) days prior to> any public posting.
41-12 (c) The Executive Director or the Executive Director's <his>
41-13 designee shall develop <within one year of the effective date of
41-14 this Act> a system of annual performance evaluations. All <based
41-15 on measurable job tasks. Within two years of the effective date of
41-16 this Act all> merit pay for Board employees <authorized by the
41-17 Executive Director> must be based on the system established under
41-18 <by> this section.
41-19 (d) The Executive Director or the Executive Director's
41-20 designee shall prepare and maintain a written policy statement to
41-21 ensure implementation of a program of equal employment opportunity
41-22 under which all personnel transactions are made without regard to
41-23 race, color, disability, sex, religion, age, or national origin.
41-24 The policy statement must include:
41-25 (1) personnel policies, including policies relating to
41-26 recruitment, evaluation, selection, appointment, training, and
41-27 promotion of personnel that are in compliance with requirements of
42-1 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
42-2 Civil Statutes) and its subsequent amendments;
42-3 (2) a comprehensive analysis of the Board work force
42-4 that meets federal and state guidelines;
42-5 (3) procedures by which a determination can be made of
42-6 significant underutilization in the board work force of all persons
42-7 for whom federal or state guidelines encourage a more equitable
42-8 balance; and
42-9 (4) reasonable methods to appropriately address those
42-10 areas of significant underutilization.
42-11 (e) A policy statement prepared under Subsection (d) of this
42-12 section must cover an annual period, be updated annually and
42-13 reviewed by the Commission on Human Rights for compliance with
42-14 Subdivision (1) of Subsection (d) of this section, and be filed
42-15 with the governor's office.
42-16 (f) The governor's office shall deliver a biennial report to
42-17 the legislature based on the information received under Subsection
42-18 (e) of this section. The report may be made separately or as a
42-19 part of other biennial reports made to the legislature.
42-20 (g) The Board shall develop and implement policies that
42-21 clearly define the respective responsibilities of the Board and the
42-22 staff of the Board.
42-23 (h) The Board shall prepare and maintain a written plan that
42-24 describes how a person who does not speak English can be provided
42-25 reasonable access to the Board's programs. The Board shall also
42-26 comply with federal and state laws for program and facility
42-27 accessibility.
43-1 (i) The Board shall develop and implement policies that
43-2 provide the public with a reasonable opportunity to appear before
43-3 the Board and to speak on any issue under the jurisdiction of the
43-4 Board.
43-5 SECTION 12. Subsection (c), Section 3, Article 4550a,
43-6 Revised Statutes, is amended to read as follows:
43-7 (c) The <On or before the first day of January each year,
43-8 the> Board shall file annually with <make in writing a complete and
43-9 detailed report accounting for all funds received and disbursed by
43-10 the Board/commission during the preceding year to> the governor and
43-11 with <to> the presiding officer of each house of the legislature a
43-12 complete and detailed written report accounting for all funds
43-13 received and disbursed by the Board during the preceding fiscal
43-14 year. The annual report must be in the form and reported in the
43-15 time provided by the General Appropriations Act.
43-16 SECTION 13. Section (b), Article 4551, Revised Statutes, is
43-17 amended to read as follows:
43-18 (b) The Board shall establish reasonable and necessary fees
43-19 so that the fees, in the aggregate, produce sufficient revenue to
43-20 cover the cost of administering <for the administration of> this
43-21 Act <in amounts not to exceed:>
43-22 <(1) dental examination fee: $150;>
43-23 <(2) dental hygiene examination fee: $75;>
43-24 <(3) annual renewal fees:>
43-25 <dentists: $100,>
43-26 <dental hygienists: $70,>
43-27 <dental labs: $125;>
44-1 <(4) reciprocal registration fee: $200;>
44-2 <(5) duplicate license fee: $15;>
44-3 <(6) duplicate registration certificates: $15>.
44-4 The Board may not set a fee at an amount less than the amount
44-5 of that fee on September 1, 1993 <shall not maintain unnecessary
44-6 fund balances, and fee amounts shall be set in accordance with this
44-7 requirement>.
44-8 SECTION 14. Section 4A, Chapter 475, Acts of the 52nd
44-9 Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
44-10 is amended to read as follows:
44-11 Sec. 4A. DENTAL HYGIENE ADVISORY COUNCIL
44-12 <COMMITTEE>. (a) The Dental Hygiene Advisory Council <Committee>
44-13 is hereby established.
44-14 (b) The Dental Hygiene Advisory Council <Committee> shall be
44-15 composed <consist> of four <not more than eight> dental hygienists
44-16 and two members of the general public appointed by the governor to
44-17 staggered six-year terms <Texas State Board of Dental Examiners. A
44-18 member of such advisory committee shall serve for a term of three
44-19 years expiring on May 1 of the third year of the member's term.
44-20 After the expiration of a member's term, the member shall continue
44-21 to serve until the date a successor is appointed and has qualified.
44-22 A person may not be appointed to serve for more than one full
44-23 term>.
44-24 (c) The advisory council <committee> shall advise the
44-25 <Texas> State Board of Dental Examiners on matters relating to
44-26 dental hygiene. In order to assure that the advisory council
44-27 <committee> is able to exercise properly its advisory powers, the
45-1 <Texas> State Board of Dental Examiners shall provide the advisory
45-2 council <committee> with timely notice of all Board meetings and a
45-3 copy of the minutes of all Board meetings. In addition, the Board
45-4 shall not adopt any rule relating to the practice of dental hygiene
45-5 unless said proposed rule has been submitted to the advisory
45-6 council <committee> for review and comment at least thirty (30)
45-7 days prior to the adoption of said rule.
45-8 (d) A member of the advisory council <committee> is entitled
45-9 to the compensatory per diem set by the General Appropriations Act
45-10 for each day that the member engages in council <committee>
45-11 business. Except for transportation expenses, a member is not
45-12 entitled to reimbursement for travel expenses. A member is
45-13 entitled to reimbursement for transportation expenses as provided
45-14 by the General Appropriations Act.
45-15 SECTION 15. Section 5, Chapter 475, Acts of the 52nd
45-16 Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
45-17 is amended to read as follows:
45-18 Sec. 5. Examination. The <Texas> State Board of Dental
45-19 Examiners shall hold meetings at such times and places as the Board
45-20 shall designate for the purpose of examining qualified applicants
45-21 for licensure as dental hygienists in this State. All applicants
45-22 for examination shall pay a fee set by the Board to said Board as
45-23 determined by said Board according to its needs and shall apply
45-24 upon forms furnished by the Board and shall furnish such other
45-25 information as the Board may in its discretion require to determine
45-26 any applicant's qualifications. An applicant must attach to the
45-27 application proof that the applicant has successfully completed a
46-1 current course in cardiopulmonary resuscitation given or approved
46-2 by the American Heart Association or American Red Cross <not
46-3 earlier than one year> before the date on which the applicant
46-4 submits the application or, in the event that the applicant is not
46-5 physically capable of successfully completing such training, a
46-6 written statement executed by either a licensed physician or an
46-7 instructor in cardiopulmonary resuscitation approved by the
46-8 American Heart Association or American Red Cross that describes
46-9 such physical incapacity. The Board shall have authority to employ
46-10 the services of such examiners and clerks as may be needed to aid
46-11 the Board in the performance of such duties. The examination shall
46-12 be taken by all applicants on such subjects and operations
46-13 pertaining to dentistry and dental hygiene which shall include
46-14 Dental Anatomy, Pharmacology, X-Ray, Ethics, Jurisprudence, and
46-15 Hygiene, and such other subjects as are regularly taught in
46-16 reputable schools of dentistry and dental hygiene, as the Board in
46-17 its discretion may require. The examination shall be given orally
46-18 or in writing, or by giving a practical demonstration of the
46-19 applicant's skill or by any combination of such methods or subjects
46-20 as the Board may in its discretion require. The Board shall grade
46-21 each applicant upon the various phases of the examination and shall
46-22 report such grades to the applicant within a reasonable time after
46-23 such examination, and each applicant who has satisfactorily passed
46-24 all phases of the examination as determined by the Board shall be
46-25 entitled to and shall be issued a license permitting such applicant
46-26 to practice dental hygiene in the State of Texas as is defined and
46-27 regulated by the law of this State.
47-1 SECTION 16. Section (7), Article 4551f, Revised Statutes, is
47-2 amended to read as follows:
47-3 Sec. (7). (a) In this section, "person" means an
47-4 individual, corporation, association, partnership, or other private
47-5 legal entity.
47-6 (b) A person other than a dental laboratory or dental
47-7 technician may not fill a prescription for the preparation or
47-8 repair of a dental prosthetic appliance that is to be delivered by
47-9 a licensed dentist to a dental patient. <At the time the dental
47-10 prosthetic appliance is delivered to the dentist, the dental
47-11 laboratory that prepared or repaired the appliance must provide the
47-12 dentist its registration number as assigned by the Board and the
47-13 expiration date of its certificate of registration. The dental
47-14 laboratory must provide the number in writing.>
47-15 (c) A person may not offer or undertake to operate a dental
47-16 laboratory or to provide the services described in Section (1) of
47-17 this article unless the person holds a certificate of registration
47-18 issued by the Board.
47-19 (d) At the time the dental prosthetic appliance is delivered
47-20 to the dentist, the dental laboratory that prepared or repaired the
47-21 appliance must provide the dentist its registration number as
47-22 assigned by the Board and the expiration date of its certificate of
47-23 registration. The dental laboratory must provide the number in
47-24 writing.
47-25 (e) A dentist may not knowingly prescribe, order, or receive
47-26 a dental prosthetic appliance that is to be prepared or has been
47-27 prepared by an unregistered dental laboratory. <A dentist who
48-1 violates this subsection commits an offense. Except as provided by
48-2 Subsection (f) of this section, an offense under this subsection is
48-3 a Class C misdemeanor.>
48-4 (f) <(e)> A person who violates a subsection <Subsection (b)
48-5 or (c)> of this section commits an offense. An <Except as provided
48-6 by Subsection (f) of this section, an> offense under Subsection (b)
48-7 or (c) of this section is a third degree felony. An offense under
48-8 Subsection (d) or (e) of this section <subsection> is a Class C
48-9 misdemeanor.
48-10 (g) <(f)> If it is shown on the trial of an offense under
48-11 this section that the defendant has previously been convicted under
48-12 Subsections (d) and (e) of this section, an offense <under this
48-13 section> is a Class A misdemeanor.
48-14 SECTION 17. Chapter 9, Title 71, Revised Statutes, is
48-15 amended by adding Article 4551n to read as follows:
48-16 Art. 4551n. EMPLOYMENT OF DENTISTS. (a) The Board shall,
48-17 on a form and under rules adopted by the Board, approve and certify
48-18 any health organization to employ dentists upon application by the
48-19 organization and presentation of satisfactory proof to the Board
48-20 that the organization:
48-21 (1) is a nonprofit corporation under the Texas
48-22 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
48-23 Texas Civil Statutes) and its subsequent amendments and Section
48-24 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501);
48-25 and
48-26 (2) is organized and operated as a migrant, community,
48-27 or homeless health center under the authority of and in compliance
49-1 with 42 U.S.C. Section 254b, 254c, or 256, to contract with or
49-2 employ dentists licensed by the Board.
49-3 (b) Any dentist providing dental services under Subsection
49-4 (a) of this section shall provide those services free of charge or
49-5 at a reduced fee commensurate with the patient's ability to pay in
49-6 strict compliance with the applicable provisions of 42 U.S.C.
49-7 Section 254b, 254c, or 256.
49-8 (c) The Board may, at its discretion, refuse to approve or
49-9 certify any such health organization making application to the
49-10 Board if in the Board's determination the applying nonprofit
49-11 corporation is established or organized or operated in
49-12 contravention to or with the intent to circumvent any provision of
49-13 this Act.
49-14 SECTION 18. Section (b), Article 4551d, Revised Statutes, is
49-15 repealed.
49-16 SECTION 19. (a) This Act takes effect September 1, 1993.
49-17 (b) As the terms of members of the State Board of Dental
49-18 Examiners expire or as vacancies on the board occur, the governor
49-19 shall appoint members to the board to achieve, as soon as possible,
49-20 the membership plan prescribed for the board by Article 4543a,
49-21 Revised Statutes, as amended by this Act.
49-22 (c) The changes in law made by this Act in the
49-23 qualifications of and the prohibitions applying to members of the
49-24 State Board of Dental Examiners do not affect the entitlement of a
49-25 member serving on the board immediately before the effective date
49-26 of this Act to continue to hold office on the board for the term
49-27 for which the member was appointed. The changes in law apply only
50-1 to a member appointed on or after September 1, 1993.
50-2 (d) As soon as possible on or after the effective date of
50-3 this Act, the governor shall appoint six members to the Dental
50-4 Hygiene Advisory Council. In making the appointments, the governor
50-5 shall designate two members for terms expiring February 1, 1995,
50-6 two members for terms expiring February 1, 1997, and two members
50-7 for terms expiring February 1, 1999.
50-8 (e) The current Dental Hygiene Advisory Committee
50-9 established under Section 4A, Chapter 475, Acts of the 52nd
50-10 Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
50-11 shall continue to advise the board until the governor appoints a
50-12 quorum of members of the Dental Hygiene Advisory Council. At that
50-13 time the Dental Hygiene Advisory Committee is abolished and the new
50-14 council assumes its duties.
50-15 (f) The changes in law made by this Act relating to a
50-16 penalty that may be imposed apply only to a violation of the Dental
50-17 Practice Act (Article 4543 et seq., Revised Statutes) or a rule
50-18 adopted by the State Board of Dental Examiners that occurs on or
50-19 after the effective date of this Act. A violation occurs on or
50-20 after the effective date of this Act only if each element of the
50-21 violation occurs on or after that date. A violation that occurs
50-22 before the effective date of this Act is governed by the law in
50-23 effect on the date the violation occurred, and the former law is
50-24 continued in effect for this purpose.
50-25 SECTION 20. The importance of this legislation and the
50-26 crowded condition of the calendars in both houses create an
50-27 emergency and an imperative public necessity that the
51-1 constitutional rule requiring bills to be read on three several
51-2 days in each house be suspended, and this rule is hereby suspended.