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