1-1 By: Moncrief S.B. No. 673
1-2 (In the Senate - Filed March 8, 1993; March 9, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 May 3, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 3, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 673 By: Moncrief
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the continuation and operation of the State Board of
1-22 Dental Examiners and to the regulation of the practice of dentistry
1-23 and dental hygiene; providing penalties.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Article 4543a, Revised Statutes, is amended by
1-26 amending Sections 1, 2, 3, and 4 and adding Section 5 to read as
1-27 follows:
1-28 Sec. 1. (a)(1) The State Board of Dental Examiners, also
1-29 known as the Texas State Board of Dental Examiners, shall consist
1-30 of 15 members. Eight <Ten> members must be reputable, practicing
1-31 dentists who have resided in the State of Texas and have been
1-32 actively engaged in the practice of dentistry for five years <next>
1-33 preceding their appointment, none of whom shall be members of the
1-34 faculty of any dental or dental hygiene school or college or of the
1-35 dental or dental hygiene department of any medical school or
1-36 college or shall have a financial interest in any such school or
1-37 college. Two members must be reputable, practicing dental
1-38 hygienists who have resided in the State of Texas and have been
1-39 actively engaged in the practice of dental hygiene for five years
1-40 <next> preceding the appointment, who are not licensed to practice
1-41 dentistry in this state, and who shall not be a member of the
1-42 faculty of any dental or dental hygiene school or college or of the
1-43 dental or dental hygiene department of any medical school or
1-44 college or shall have a financial interest in any such school or
1-45 college. Five <Three> members must be members of the general
1-46 public. A person is not eligible for appointment as a member if
1-47 the person:
1-48 (A) has ever had his license to practice
1-49 dentistry or dental hygiene revoked by the Board, provided that the
1-50 revocation has not been subsequently overturned by final order of a
1-51 court of law, based upon acts which, in the opinion of the Board,
1-52 violated any provision of the statutes of the State of Texas
1-53 relating to the practice of dentistry, dental hygiene, or any
1-54 provision of this chapter; or
1-55 (B) is an adverse party in civil litigation
1-56 against the Board.
1-57 (2) A person is not eligible for appointment as a
1-58 public member if the person or the person's spouse:
1-59 (A) is registered, certified, or licensed by an
1-60 occupational regulatory agency in the field of health care;
1-61 (B) is employed by or participates in the
1-62 management of a business entity or other organization that is
1-63 regulated by the Board or receives funds from the Board <provides
1-64 health-care services or that sells, manufactures, or distributes
1-65 health-care supplies or equipment>;
1-66 (C) owns, controls, or has, directly or
1-67 indirectly, more than a 10 percent interest in a business entity or
1-68 other organization that is regulated by the Board or receives funds
2-1 from the Board; <provides health-care services or that sells,
2-2 manufactures, or distributes health-care supplies or equipment; or>
2-3 (D) uses or receives a substantial amount of
2-4 tangible goods, services, or funds from the Board, other than
2-5 compensation or reimbursement authorized by law for Board
2-6 membership, attendance, or expenses; or
2-7 (E) is employed by an individual serving as a
2-8 member of the Board.
2-9 (b) Appointments to the Board shall be made without regard
2-10 to the race, color, disability <creed>, sex, religion, age, or
2-11 national origin of the appointees. In making appointments under
2-12 this section, the Governor shall attempt to appoint members of
2-13 different minority groups including females, African-Americans,
2-14 Hispanic-Americans, Native Americans, and Asian-Americans.
2-15 (c) All members of the Board shall have full and identical
2-16 privileges, except that only dentist members may participate in
2-17 passing or failing applicants for a license to practice dentistry
2-18 during the clinical portion of the Board examinations for dentists.
2-19 Sec. 2. The term of office of each member of said Board
2-20 shall be limited to one six-year term or until their successors
2-21 shall be appointed and qualify. Board terms are limited to one
2-22 six-year term <except that this restriction shall not prohibit
2-23 those Board members holding office on May 1, 1981, from being
2-24 reappointed to one additional six-year term>. The terms shall be
2-25 staggered with the terms of one-third of the members expiring every
2-26 two years. The members of said Board shall be appointed by the
2-27 Governor of the State. Before entering upon the duties of his
2-28 office each member of the Board shall take the constitutional oath
2-29 of office, same to be filed with the Secretary of State. The
2-30 Governor shall designate one member of the Board as chair of the
2-31 Board to serve in that capacity at the pleasure of the Governor.
2-32 At its first meeting the Board shall organize by electing one
2-33 member <President and one> Secretary chosen to serve one year.
2-34 Said Board shall hold regular meetings at least twice a year at
2-35 such times and places as the Board shall deem most convenient for
2-36 applicants for examination. Due notice of such meetings shall be
2-37 given by publication in such papers as may be selected by the
2-38 Board. The Board may prescribe rules and regulations, in harmony
2-39 with the provision of this title governing its own proceedings and
2-40 the examinations of applicants for the practice of dentistry. The
2-41 Board is subject to the open meetings law, Chapter 271, Acts of the
2-42 60th Legislature, Regular Session, 1967, as amended (Article
2-43 6252-17, Vernon's Texas Civil Statutes), and the Administrative
2-44 Procedure and Texas Register Act, as amended (Article 6252-13a,
2-45 Vernon's Texas Civil Statutes).
2-46 Sec. 3. (a) An officer, employee, or paid consultant of a
2-47 Texas trade association in the field of health care may not be a
2-48 member or employee of the board who is exempt from the state's
2-49 position classification plan or is compensated at or above the
2-50 amount prescribed by the General Appropriations Act for step 1,
2-51 salary group 17, of the position classification salary schedule.
2-52 (b) A person who is the spouse of an officer, manager, or
2-53 paid consultant of a Texas trade association in the field of health
2-54 care may not be a Board member and may not be a Board employee who
2-55 is exempt from the state's position classification plan or is
2-56 compensated at or above the amount prescribed by the General
2-57 Appropriations Act for step 1, salary group 17, of the position
2-58 classification salary schedule.
2-59 (c) A person may not serve as a member of the Board or act
2-60 as general counsel to the Board if the person is required to
2-61 register as a lobbyist under Chapter 305, Government Code, because
2-62 of the person's activities for compensation on behalf of a
2-63 profession related to the operation of the Board.
2-64 (d) For purposes of this section, a Texas trade association
2-65 is a nonprofit, cooperative, and voluntarily joined association of
2-66 business or professional competitors in this state designed to
2-67 assist its members and its industry or profession in dealing with
2-68 mutual business or professional problems and in promoting their
2-69 common interest. <A member or employee of the Board may not be an
2-70 officer, employee, or paid consultant of a trade association in the
3-1 dental industry. A member or employee of the Board may not be
3-2 related within the second degree by affinity or within the second
3-3 degree by consanguinity, as determined under Article 5996h, Revised
3-4 Statutes, to a person who is an officer, employee, or paid
3-5 consultant of a trade association in the regulated industry. A
3-6 person who is required to register as a lobbyist under Chapter 305,
3-7 Government Code, by virtue of the person's activities on behalf of
3-8 a trade or professional association in the profession regulated by
3-9 the Board, may not serve as a member of the Board or act as the
3-10 general counsel to the Board.>
3-11 Sec. 4. (a) It is a ground for removal from the Board if a
3-12 member:
3-13 (1) does not have at the time of appointment the
3-14 qualifications required by Section 1 of this article for
3-15 appointment to the Board;
3-16 (2) does not maintain during the service on the Board
3-17 the qualifications required by Section 1 of this article for
3-18 appointment to the Board;
3-19 (3) violates a prohibition established by Section 3 of
3-20 this article; <or>
3-21 (4) fails to attend at least one-half of the regularly
3-22 scheduled meetings that the member is eligible to attend during a
3-23 calendar <held each> year; or
3-24 (5) cannot discharge the member's duties for a
3-25 substantial part of the term for which the member is appointed
3-26 because of illness or disability.
3-27 (b) The validity of an action of the Board is not affected
3-28 by the fact that it was taken when a ground for removal of a member
3-29 of the Board existed.
3-30 (c) If the Executive Director or any member of the Board has
3-31 knowledge that a potential ground for removal exists, the Executive
3-32 Director or member of the board shall notify the Board of the
3-33 ground. The Board shall then notify the Governor that a potential
3-34 ground for removal exists <informed in writing of a violation that
3-35 constitutes a ground under Subsection (a) of this section for the
3-36 removal of a member of the Board, the Board shall include on the
3-37 agenda of its next regularly scheduled meeting a review of the
3-38 alleged violation. After review, the Board shall report its
3-39 findings to the Governor for appropriate action consistent with
3-40 Article XV, Section 9, of the Texas Constitution>.
3-41 Sec. 5. (a) Each Board member shall comply with the Board
3-42 member training requirements established by any other state agency
3-43 that is given authority to establish the requirements for the
3-44 Board.
3-45 (b) The Board shall provide to its members and employees, as
3-46 often as necessary, information regarding their qualifications for
3-47 office or employment under this article and their responsibilities
3-48 under applicable laws relating to standards of conduct for state
3-49 officers or employees.
3-50 SECTION 2. Article 4543b, Revised Statutes, is amended to
3-51 read as follows:
3-52 Art. 4543b. Sunset Provision. The State Board of Dental
3-53 Examiners is subject to Chapter 325, Government Code (Texas Sunset
3-54 Act). Unless continued in existence as provided by that chapter,
3-55 the board is abolished September 1, 2005 <1993>.
3-56 SECTION 3. Sections 1 and 5, Article 4544, Revised Statutes,
3-57 are amended to read as follows:
3-58 Sec. 1. (a) It shall be the duty of the Board to provide
3-59 for the examination of <examine> all applicants for license to
3-60 practice dentistry in this State. Each person applying for an
3-61 examination shall pay to said Board a fee set by the Board and
3-62 shall be granted a license to practice dentistry in this State upon
3-63 his satisfactorily passing an examination provided for <given> by
3-64 said Board on subjects and operations pertaining to dentistry which
3-65 shall include Anatomy, Physiology, Anaesthesia, Biochemistry,
3-66 Dental Materials, Diagnosis, Treatment Planning, Ethics,
3-67 Jurisprudence, Hygiene, Pharmacology, Operative Dentistry, Oral
3-68 Surgery, Orthodontia, Periodontia, Prosthetic Dentistry, Pathology,
3-69 Microbiology, and such other subjects as are regularly taught in
3-70 reputable Dental Schools as the Board may in its discretion
4-1 require. The examination shall be given either orally or in
4-2 writing, or by giving a practical demonstration of the applicant's
4-3 skill, or by any combination of such methods or subjects as the
4-4 Board may in its discretion require. The Board shall contract with
4-5 an independent or regional testing service for any required
4-6 clinical examination. In the event that the Board uses a regional
4-7 testing service, the Board is authorized to contract for or
4-8 otherwise use the services of licensed dentists in this state for
4-9 the purpose of providing assistance to the regional testing
4-10 service. The Board shall have the written portion of the
4-11 examination validated by an independent testing professional.
4-12 (b) The Board by rule shall set the number of and conditions
4-13 for examination retakes. The Board may require an applicant who
4-14 fails the examination to meet additional education requirements set
4-15 by the Board.
4-16 Sec. 5. (a) The Board shall develop a mandatory continuing
4-17 education program.
4-18 (b) The Board by rule shall:
4-19 (1) establish the minimum hours of continuing
4-20 education required for license renewal;
4-21 (2) identify the key factors that lead to the
4-22 competent performance of professional duties under this Act;
4-23 (3) develop a process to evaluate and approve
4-24 continuing education courses; and
4-25 (4) develop a process to assess a licensee's
4-26 participation and performance in continuing education courses that
4-27 will enable the Board to evaluate the overall effectiveness of the
4-28 program.
4-29 (c) The Board is authorized to assess the continuing
4-30 education needs of licensees and may require licensees to attend
4-31 continuing education courses specified by the Board <may recognize,
4-32 prepare, or carry out continuing education programs for persons it
4-33 licenses or certifies. Participation in the programs is
4-34 voluntary>.
4-35 SECTION 4. Article 4545a, Revised Statutes, is amended to
4-36 read as follows:
4-37 Art. 4545a. LICENSING BY CREDENTIALS; LICENSING OF
4-38 FOREIGN-TRAINED DENTISTS <RECIPROCAL ARRANGEMENTS>.
4-39 Sec. 1. (a) The State Board of Dental Examiners <may, in
4-40 the discretion of the Board in each instance>, upon payment by the
4-41 applicant <for registration> of a fee set by the Board, shall grant
4-42 a license to practice dentistry or dental hygiene to any reputable
4-43 dentist or dental hygienist who:
4-44 (1) is licensed in good standing as a dentist or
4-45 dental hygienist in another state, the District of Columbia, or a
4-46 territory of the United States that has licensing requirements that
4-47 are substantially equivalent to the requirements of this Act;
4-48 (2) has not been the subject of final or pending
4-49 disciplinary action in any state in which the dentist or dental
4-50 hygienist is or has been licensed;
4-51 (3) has graduated from a dental or dental hygiene
4-52 school accredited by the Commission on Dental Accreditation of the
4-53 American Dental Association;
4-54 (4) has passed a national or other examination
4-55 recognized by the Board relating to dentistry or dental hygiene;
4-56 (5) has successfully completed the Board's
4-57 jurisprudence examination;
4-58 (6) has submitted documentation of current
4-59 cardiopulmonary resuscitation certification; and
4-60 (7) has practiced dentistry or dental hygiene:
4-61 (A) for a minimum of five years immediately
4-62 prior to applying;
4-63 (B) as a dental educator for a minimum of five
4-64 years; or
4-65 (C) has completed two years of obligated service
4-66 in the state under the National Health Service Corps or other
4-67 federal scholarship or loan repayment program.
4-68 (b) The Board must complete the processing of an application
4-69 for a license not later than the 180th day after all documentation
4-70 and examination results required by this section have been received
5-1 by the Board or grant a license to the applicant.
5-2 Sec. 2. (a) The Board, upon payment by the applicant of a
5-3 fee set by the Board, shall grant a license to a dentist or dental
5-4 hygienist who has not graduated from a dental or dental hygiene
5-5 school accredited by the Commission on Dental Accreditation of the
5-6 American Dental Association if:
5-7 (1) the dentist or dental hygienist has practiced for
5-8 a minimum of five years immediately prior to applying;
5-9 (2) the dentist or dental hygienist has not been the
5-10 subject of final or pending disciplinary action in any jurisdiction
5-11 in which the dentist or dental hygienist is or has been licensed;
5-12 (3) the Board, through a procedure adopted by rule,
5-13 has determined that the educational qualifications are equivalent
5-14 to those required to practice dentistry in the state; and
5-15 (4) the dentist or dental hygienist has completed all
5-16 examinations required by the Board for licensure.
5-17 (b) The Board must complete the processing of an application
5-18 for a license not later than the 180th day after all documentation,
5-19 the determination of educational equivalency, and examination
5-20 results required by this section have been received by the Board or
5-21 grant a license to the applicant <license to practice dentistry to
5-22 any reputable dentist who is a graduate of a reputable dental
5-23 college or has qualified on examination for the certificate of
5-24 dental qualification for a commission as a dentist in the Armed
5-25 Forces of the United States and to licentiates of other States or
5-26 territories having requirements for dental registration and
5-27 practice equal to those established by this law. Applications for
5-28 license under the provisions of this Article shall be in writing
5-29 and upon a form to be prescribed by the State Board of Dental
5-30 Examiners. Said application shall be accompanied by a diploma or a
5-31 photograph thereof, awarded to the applicant by a reputable dental
5-32 college, or a certified transcript of the certificate or license or
5-33 commission issued to the applicant by the Armed Forces of the
5-34 United States, or by a license or a certified copy of license to
5-35 practice dentistry, lawfully issued to the applicant by some other
5-36 State or territory; and shall also be accompanied by an affidavit
5-37 from an executive officer of the Armed Forces of the United States,
5-38 the President or Secretary of the Board of Dental Examiners who
5-39 issued the said license, or by a legally constituted dental
5-40 registration officer of the State or territory in which the
5-41 certificate or license was granted upon which the applications for
5-42 dental registration in Texas is based. Said affidavit shall recite
5-43 that the accompanying certificate or license has not been cancelled
5-44 or revoked except by honorable discharge by the Armed Forces of the
5-45 United States, and that the statement of qualifications made in the
5-46 application for dental registration in Texas is true and correct.
5-47 Applicants for license under the provisions of this Article shall
5-48 subscribe to an oath in writing which shall be a part of said
5-49 application, stating that the license, certificate, or authority
5-50 under which the applicant practiced dentistry in the State or
5-51 territory from which the applicant removed, was at the time of such
5-52 removal in full force and not suspended or cancelled; that the
5-53 applicant is the identical person to whom the said certificate,
5-54 license, or commission and the said dental diploma were issued, and
5-55 that no proceeding was pending at the time of such removal, or is
5-56 at the present time pending against the applicant for the
5-57 cancellation of such certificate, license or authority to practice
5-58 dentistry in the State or territory in which the same was issued,
5-59 and that no prosecution was then, or is at the time of the
5-60 application, pending against the applicant in any State or Federal
5-61 Court for any offense which under the law of Texas is a felony>.
5-62 SECTION 5. Subsection (a), Section 1, Article 4548f, Revised
5-63 Statutes, is amended to read as follows:
5-64 (a) It shall be unlawful for any person, firm, or
5-65 corporation to engage in false, misleading, or deceptive
5-66 advertising arising out of or in connection with the practice of
5-67 dentistry. The Board may not adopt rules restricting competitive
5-68 bidding or advertising by a person regulated by the Board except to
5-69 prohibit false, misleading, or deceptive practices by the person.
5-70 The Board may not include in its rules to prohibit false,
6-1 misleading, or deceptive practices by a person regulated by the
6-2 Board a rule that:
6-3 (1) restricts the use of any medium for advertising;
6-4 (2) restricts the person's personal appearance or use
6-5 of the person's voice in an advertisement;
6-6 (3) relates to the size or duration of an
6-7 advertisement by the person; or
6-8 (4) restricts the person's advertisement under a trade
6-9 name, except a rule may require that an advertisement under a trade
6-10 name include the name or names of the dental owner or owners of the
6-11 practice. <Provided, however, nothing herein shall be construed to
6-12 restrict or prohibit:>
6-13 <(1) the type of advertising medium;>
6-14 <(2) the size or duration of any advertisement;>
6-15 <(3) the truthful advertising of prices for any type
6-16 of dental services;>
6-17 <(4) the use of agents or employees in advertising;>
6-18 <(5) a person's personal appearance or use of his
6-19 personal voice in an advertisement.>
6-20 SECTION 6. Article 4548h, Revised Statutes, is amended to
6-21 read as follows:
6-22 Art. 4548h. COMPLAINTS; REFUSING, REVOKING, CANCELLING, AND
6-23 SUSPENDING LICENSES
6-24 Sec. 1. (a) <AUTHORITY GRANT LICENSE.> The State Board of
6-25 Dental Examiners shall keep an information file about each
6-26 complaint filed with the Board. The Board's information file shall
6-27 be kept current and contain a record for each complaint of:
6-28 (1) all persons contacted in relation to the
6-29 complaint;
6-30 (2) a summary of findings made at each step of the
6-31 complaint process;
6-32 (3) an explanation of the legal basis and reason for a
6-33 complaint that is dismissed; and
6-34 (4) other relevant information.
6-35 (b) If a written complaint is filed with the Board that the
6-36 Board has authority to resolve, the Board, at least as frequently
6-37 as quarterly and until final disposition of the complaint, shall
6-38 notify the parties to the complaint of the status of the complaint
6-39 unless the notice would jeopardize an undercover investigation.
6-40 (c) The Board by rule shall adopt a form to standardize
6-41 information concerning complaints made to the Board. The Board by
6-42 rule shall prescribe information to be provided to a person when
6-43 the person files a complaint with the Board.
6-44 (d) The Board shall provide reasonable assistance to a
6-45 person who wishes to file a complaint with the Board.
6-46 (e) The Board shall adopt rules concerning the investigation
6-47 of a complaint filed with the Board. The rules adopted under this
6-48 subsection shall:
6-49 (1) distinguish between categories of complaints;
6-50 (2) ensure that complaints are not dismissed without
6-51 appropriate consideration;
6-52 (3) require that the Board be advised of a complaint
6-53 that is dismissed and that a letter be sent to the person who filed
6-54 the complaint explaining the action taken on the dismissed
6-55 complaint;
6-56 (4) ensure that the person who filed the complaint has
6-57 an opportunity to explain the allegations made in the complaint;
6-58 and
6-59 (5) require that all investigators used by the Board
6-60 shall be state employees.
6-61 (f) The Board shall dispose of all complaints in a timely
6-62 manner. The Board shall establish a schedule for conducting each
6-63 phase of a complaint that is under the control of the Board. The
6-64 schedule shall be kept in the information file for the complaint.
6-65 A change in the schedule must be noted in the complaint information
6-66 file.
6-67 (g) The Executive Director of the Board shall notify the
6-68 Board of the number of complaints that extend beyond a two-year
6-69 time frame for resolution. The Executive Director shall provide
6-70 the Board with an explanation of the reasons that the complaints
7-1 have not been resolved. The notice and explanation required shall
7-2 be provided to the Board periodically at regularly scheduled Board
7-3 meetings.
7-4 (h) The Board by rule shall adopt procedures governing:
7-5 (1) informal disposition of a contested case under
7-6 Section 13(e), Administrative Procedure and Texas Register Act
7-7 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
7-8 subsequent amendments; and
7-9 (2) informal proceedings held in compliance with
7-10 Section 18(c), Administrative Procedure and Texas Register Act
7-11 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
7-12 subsequent amendments.
7-13 (i) Rules adopted under this section must provide the
7-14 complainant, where applicable and permitted by law, an opportunity
7-15 to be heard, must provide the licensee an opportunity to be heard,
7-16 and must require the presence of an attorney to advise the Board or
7-17 the Board's employees. The attorney must be a member of the
7-18 Board's legal staff, if the Board has a legal staff. If the Board
7-19 does not have a legal staff, the attorney must be an employee of
7-20 the office of the attorney general.
7-21 (j) The Board by rule shall develop a system for monitoring
7-22 license holders' compliance with the requirements of this Act.
7-23 Rules adopted under this section shall include procedures for
7-24 monitoring a license holder who is ordered by the Board to perform
7-25 certain acts to ascertain that the license holder performs the
7-26 required acts and to identify and monitor license holders who
7-27 represent a risk to the public <be and they are hereby authorized
7-28 to refuse to grant a license to practice dentistry to any person or
7-29 persons who have been guilty, in the opinion of said Board, of
7-30 violating any of the provisions of the Statutes of the State of
7-31 Texas relating to the practice of dentistry, or any provisions of
7-32 Chapter 9, Title 71, Revised Civil Statutes of Texas, 1925, as
7-33 amended, within twelve (12) months prior to the filing of an
7-34 application for such license>.
7-35 Sec. 2. <REVOCATION, CANCELLATION, OR SUSPENSION OF
7-36 LICENSE.> (a) The <State> Board <of Dental Examiners> shall
7-37 revoke, cancel or suspend any license or licenses that may have
7-38 been issued by such Board, place on probation a person whose
7-39 license has been suspended, or reprimand a licensee if in the
7-40 opinion of a majority of such Board, any person or persons to whom
7-41 a license has been issued by said Board to practice dentistry or
7-42 dental hygiene in this State, shall have, after the issuance of
7-43 such license, violated any of the provisions of the Statutes of the
7-44 State of Texas relating to the practice of dentistry or dental
7-45 hygiene in this State, or any of the provisions of Chapter 9, Title
7-46 71, Revised Civil Statutes of Texas, 1925, as amended, or any
7-47 amendments that may hereafter be made thereto, or a rule of the
7-48 Board. All revocations, cancellations or suspensions of licenses
7-49 by the Texas State Board of Dental Examiners shall be made in the
7-50 manner provided by the Administrative Procedure and Texas Register
7-51 Act (Article 6252-13a, Vernon's Texas Civil Statutes).
7-52 (b) All complaints to be considered by the Board under this
7-53 article shall be made in writing and<, subscribed and sworn to by
7-54 the person presenting such complaint, which complaint> shall set
7-55 out the alleged violations of such Statutes or rules <and declaring
7-56 it to be the opinion of the person presenting such complaint that
7-57 the person or persons so accused have so violated said Statutes>.
7-58 (c) All complaints under this article as received shall be
7-59 filed with the Secretary of the Board or an authorized employee of
7-60 the Board. All complaints filed with the Board shall be reviewed
7-61 to determine jurisdiction, and if jurisdiction exists <When a
7-62 complaint is made by a member of the Board, its agents or
7-63 employees>, the Secretary of the Board or designee <shall cause
7-64 such complaint to be docketed on its records in the name of the
7-65 Texas State Board of Dental Examiners versus the person against
7-66 whom such complaint has been made, and shall mail a copy of such
7-67 docketed complaint by registered mail to the accused person under
7-68 the jurisdiction of the Texas State Board of Dental Examiners
7-69 charged with having violated such Statutes. When a complaint is
7-70 made by others than the members of the Board, its agents or
8-1 employees, the Board or its duly authorized representative> shall
8-2 cause an investigation of such complaint to be made to determine
8-3 the facts in such case. If <, and if> the facts as determined by
8-4 such investigation<, in the discretion of the Secretary of the
8-5 Board,> justify further actions, the disposition of the complaint
8-6 shall comply with this article <the docketing of such complaint for
8-7 hearing before the Board, then the Secretary of the Board shall
8-8 cause such complaint to be docketed on its records in the name of
8-9 the Texas State Board of Dental Examiners versus the person against
8-10 whom such complaint has been made, and shall mail a copy of such
8-11 docketed complaint by registered mail to the accused person under
8-12 the jurisdiction of the Texas State Board of Dental Examiners
8-13 charged with having violated such Statutes>.
8-14 (d) If a licensee suspension is probated, the Board may
8-15 require the practitioner:
8-16 (1) to report regularly to the Board on matters that
8-17 are the basis of the probation;
8-18 (2) to limit practice to the areas prescribed by the
8-19 Board; or
8-20 (3) to continue or review professional education until
8-21 the practitioner attains a degree of skill satisfactory to the
8-22 Board in those areas that are the basis of the probation.
8-23 (e) If the Board or an executive committee of the Board
8-24 determines from the evidence or information presented to it that a
8-25 person licensed under this Act by continuation in practice would
8-26 constitute a clear, imminent, or continuing threat to a person's
8-27 physical health or well-being, the Board or the executive committee
8-28 of the Board shall temporarily suspend the license of that person.
8-29 The license may be suspended under this section without notice or
8-30 hearing on the complaint, provided institution of proceedings for a
8-31 hearing held by the State Office of Administrative Hearings is
8-32 initiated simultaneously with the temporary suspension. A hearing
8-33 shall be held not later than fourteen (14) days after the date of
8-34 the suspension unless a continuance is requested by the licensee.
8-35 A second hearing on the suspension shall be held by the State
8-36 Office of Administrative Hearings within sixty (60) days after the
8-37 date the suspension was ordered or after the date specified in the
8-38 continuance requested by the licensee. The time requirements in
8-39 this subsection must be adhered to or the suspension is lifted
8-40 without further order or action.
8-41 (f) All complaints considered by the Board must be filed
8-42 with the Board within four (4) years after the date on which the
8-43 act occurred or within four (4) years after a complainant
8-44 discovered or in the exercise of reasonable diligence should have
8-45 discovered, the occurrence of the act.
8-46 Sec. 3. <APPEAL TO COURT.> (a) A person aggrieved by a
8-47 ruling, order, or decision of the Board under this article has the
8-48 right to appeal to a district court in the county of his residence
8-49 or in the county where the alleged offense occurred within thirty
8-50 (30) days from the service of notice of the action of the <State>
8-51 Board <of Dental Examiners>.
8-52 (b) The appeal having been properly filed, the court may
8-53 request of the Board and the Board on receiving the request shall
8-54 within thirty (30) days prepare and transmit to the court a
8-55 certified copy of its entire record in the matter in which the
8-56 appeal has been taken. The appeal shall be tried in accordance
8-57 with the Texas Rules of Civil Procedure.
8-58 (c) <In the event an appeal is taken by a licensee, the
8-59 appeal shall act as a supersedeas providing the appealing party
8-60 files a bond as the court may direct, and the court shall dispose
8-61 of the appeal and enter its decision promptly.>
8-62 <(d)> If an aggrieved person fails to perfect an appeal as
8-63 provided in this section, the Board's ruling shall become final.
8-64 (d) <(e)> Review by the court shall be by the substantial
8-65 evidence rule and not de novo.
8-66 Sec. 4. <ADDITIONAL OFFICES.> No statute relating to the
8-67 practice of dentistry in this State shall be construed to prohibit
8-68 any duly authorized, licensed, and registered dentist from
8-69 maintaining any number of offices in this State, provided said
8-70 dentist assumes full legal responsibility and liability for the
9-1 dental services rendered in such offices and further provided that
9-2 the dentist complies with such requirements as may be prescribed by
9-3 the Board in its Rules <and Regulations> for the purpose of
9-4 protecting the health and safety of the patients receiving dental
9-5 care at such offices.
9-6 SECTION 7. Article 4548i, Revised Statutes, is amended to
9-7 read as follows:
9-8 Art. 4548i. Punishment. (a) Any person who shall violate
9-9 any provision of Chapter Nine, Title 71, Revised Statutes, commits
9-10 an offense. An offense under this section is a Class A
9-11 misdemeanor. If it is shown at a trial of an offense under this
9-12 section that the defendant was previously convicted under this
9-13 section of any misdemeanor or the offense involves practicing
9-14 without an appropriate license issued by the Board, the offense is
9-15 a felony of the third degree. Each day of such violation shall be
9-16 a separate offense.
9-17 (b) Any person who shall violate a provision of Chapter
9-18 Nine, Title 71, Revised Statutes, is liable to the state for a
9-19 civil penalty in an amount not to exceed $2,500. Each day a
9-20 violation continues or occurs is a separate violation for the
9-21 purpose of imposing a penalty. On request of the Board, the
9-22 attorney general or the county attorney or district attorney of the
9-23 county in which the violation is alleged to have occurred shall
9-24 file suit to collect the penalty. A civil penalty collected under
9-25 this section shall be deposited in the state treasury to the credit
9-26 of the general revenue fund.
9-27 SECTION 8. Chapter 9, Title 71, Revised Statutes, is amended
9-28 by adding Article 4548j to read as follows:
9-29 Art. 4548j. ADMINISTRATIVE PENALTY. (a) The Board may
9-30 impose an administrative penalty against a person licensed or
9-31 regulated under this Act who violates this Act or a rule or order
9-32 adopted under this Act.
9-33 (b) The penalty for a violation may be in an amount not to
9-34 exceed $5,000. Each day a violation continues or occurs is a
9-35 separate violation for purposes of imposing a penalty.
9-36 (c) The Executive Director of the Board or a subcommittee of
9-37 the Board shall determine the amount of the penalty based on a
9-38 standardized penalty schedule. Any subcommittee of the Board shall
9-39 consist of at least one public member of the Board. The penalty
9-40 schedule shall be developed by the Board, through rule, and shall
9-41 be based on the following criteria:
9-42 (1) the seriousness of the violation, including but
9-43 not limited to the nature, circumstances, extent, and gravity of
9-44 the prohibited acts, and the hazard or potential hazard created to
9-45 the health, safety, or welfare of the public;
9-46 (2) the economic damage to property or the environment
9-47 caused by the violation;
9-48 (3) the history of previous violations;
9-49 (4) the amount necessary to deter future violations;
9-50 (5) efforts to correct the violation; and
9-51 (6) any other matter that justice may require.
9-52 (d) An Executive Director or a subcommittee of the Board who
9-53 determines that a violation has occurred may issue to the Board a
9-54 report that states the facts on which the determination is based
9-55 and the director's or the subcommittee's recommendation on the
9-56 imposition of a penalty, including a recommendation on the amount
9-57 of the penalty.
9-58 (e) Within 14 days after the date the report is approved by
9-59 the Board, the Executive Director shall give written notice of the
9-60 report to the person. The notice may be given by certified mail.
9-61 The notice must include a notice of all the alleged violations and
9-62 a statement of the amount of the recommended penalty and must
9-63 inform the person that the person has a right to a hearing on the
9-64 occurrence of the violation, the amount of the penalty, or both the
9-65 occurrence of the violation and the amount of the penalty.
9-66 (f) Within 20 days after the date the person receives the
9-67 notice, the person in writing may accept the determination and
9-68 recommended penalty of the Executive Director or subcommittee or
9-69 may make a written request for a hearing on the occurrence of the
9-70 violation, the amount of the penalty, or both the occurrence of the
10-1 violation and the amount of the penalty.
10-2 (g) If the person accepts the determination and recommended
10-3 penalty of the Executive Director or subcommittee, the Board by
10-4 order shall approve the determination and impose the recommended
10-5 penalty.
10-6 (h) If the person requests a hearing or fails to respond
10-7 timely to the notice, the Executive Director shall set a hearing
10-8 and give notice of the hearing to the person. The hearing shall be
10-9 held by an administrative law judge of the State Office of
10-10 Administrative Hearings. The administrative law judge shall make
10-11 findings of fact and conclusions of law and promptly issue to the
10-12 Board a proposal for a decision about the occurrence of the
10-13 violation and the amount of a proposed penalty. Based on the
10-14 findings of fact, conclusions of law, and proposal for a decision,
10-15 the Board by order may find that a violation has occurred and
10-16 impose a penalty or may find that no violation occurred.
10-17 (i) The notice of the Board's order given to the person
10-18 under the Administrative Procedure and Texas Register Act (Article
10-19 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
10-20 amendments must include a statement of the right of the person to
10-21 judicial review of the order.
10-22 (j) Within 30 days after the date the Board's order is final
10-23 as provided by Section 16(c), Administrative Procedure and Texas
10-24 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
10-25 its subsequent amendments, the person shall:
10-26 (1) pay the amount of the penalty;
10-27 (2) pay the amount of the penalty and file a petition
10-28 for judicial review contesting the occurrence of the violation, the
10-29 amount of the penalty, or both the occurrence of the violation and
10-30 the amount of penalty; or
10-31 (3) without paying the amount of the penalty, file a
10-32 petition for judicial review contesting the occurrence of the
10-33 violation, the amount of the penalty, or both the occurrence of the
10-34 violation and the amount of penalty.
10-35 (k) Within the 30-day period, a person who acts under
10-36 Subsection (j)(3) of this section may:
10-37 (1) stay enforcement of penalty by:
10-38 (A) paying the amount of the penalty to the
10-39 court for placement in an escrow account; or
10-40 (B) giving to the court a supersedeas bond that
10-41 is approved by the court for the amount of the penalty and that is
10-42 effective until all judicial review of the Board's order is final;
10-43 or
10-44 (2) request the court to stay enforcement of the
10-45 penalty by:
10-46 (A) filing with the court a sworn affidavit of
10-47 the person stating that the person is financially unable to pay the
10-48 amount of the penalty and is financially unable to give the
10-49 supersedeas bond; and
10-50 (B) giving a copy of the affidavit to the
10-51 Executive Director by certified mail.
10-52 (l) An Executive Director who receives a copy of an
10-53 affidavit under Subsection (k)(2) of this section may file with the
10-54 court, within five days after the date the copy is received, a
10-55 contest to the affidavit. The court shall hold a hearing on the
10-56 facts alleged in the affidavit as soon as practicable and shall
10-57 stay the enforcement of the penalty on finding that the alleged
10-58 facts are true. The person who files an affidavit has the burden
10-59 of proving that the person is financially unable to pay the amount
10-60 of the penalty and to give the supersedeas bond.
10-61 (m) If the person does not pay the amount of the penalty and
10-62 the enforcement of the penalty is not stayed, the Executive
10-63 Director may refer the matter to the attorney general for
10-64 collection of the amount of the penalty.
10-65 (n) Judicial review of the order of the Board:
10-66 (1) is instituted by filing a petition as provided by
10-67 Section 19, Administrative Procedure and Texas Register Act
10-68 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
10-69 subsequent amendments; and
10-70 (2) is under the substantial evidence rule.
11-1 (o) If the court sustains the occurrence of the violation,
11-2 the court may uphold or reduce the amount of the penalty and order
11-3 the person to pay the full or reduced amount of the penalty. If
11-4 the court does not sustain the occurrence of the violation, the
11-5 court shall order that no penalty is owed.
11-6 (p) When the judgment of the court becomes final, the court
11-7 shall proceed under this subsection. If the person paid the amount
11-8 of the penalty and if that amount is reduced or is not upheld by
11-9 the court, the court shall order that the appropriate amount plus
11-10 accrued interest be remitted to the person. The rate of the
11-11 interest is the rate charged on loans to depository institutions by
11-12 the New York Federal Reserve Bank, and the interest shall be paid
11-13 for the period beginning on the date the penalty was paid and
11-14 ending on the date the penalty is remitted. If the person gave a
11-15 supersedeas bond and if the amount of the penalty is reduced, the
11-16 court shall order the release of the bond after the person pays the
11-17 amount.
11-18 (q) A penalty collected under this section shall be remitted
11-19 to the comptroller for deposit in the Dental Registration Fund in
11-20 the general revenue fund. These funds may only be used to fund an
11-21 approved peer assistance program.
11-22 (r) All proceedings under this section are subject to the
11-23 Administrative Procedure and Texas Register Act (Article 6252-13a,
11-24 Vernon's Texas Civil Statutes) and its subsequent amendments.
11-25 (s) Nothing in this article shall be construed as preventing
11-26 the board from assessing an administrative penalty using an
11-27 informal proceeding governed by the requirements in Article 4548h,
11-28 Revised Statutes.
11-29 SECTION 9. Article 4549, Revised Statutes, is amended to
11-30 read as follows:
11-31 Art. 4549. REFUSAL TO EXAMINE OR ISSUE LICENSE; JUDICIAL
11-32 SUSPENSIONS AND REVOCATIONS <DISCIPLINARY ACTIONS>
11-33 Sec. 1. The <Texas> State Board of Dental Examiners shall
11-34 have authority to refuse to examine any person or refuse to issue a
11-35 dental license or a dental hygienist license to any person for any
11-36 one or more of the following causes:
11-37 (a) Proof of presentation to the Board of any dishonest or
11-38 fake evidence of qualification, or being guilty of any illegality,
11-39 fraud or deception in the process of examination, or for the
11-40 purpose of securing a license or certificate.
11-41 (b) Proof of chronic or habitual intoxication or addiction
11-42 to drugs on the part of the applicant.
11-43 (c) Proof that the applicant has been guilty of dishonest or
11-44 illegal practices in or connected with the practice of dentistry or
11-45 dental hygiene.
11-46 (d) Proof of conviction of the applicant of a felony
11-47 involving moral turpitude under the laws of this State or any other
11-48 State or of the United States.
11-49 (e) Proof that the applicant violated any of the provisions
11-50 of the Statutes of the State of Texas relating to the practice of
11-51 dentistry or any provisions of Chapter 9, Title 71, Revised
11-52 Statutes, and its subsequent amendments, within 12 months before
11-53 the filing of an application for the license.
11-54 Sec. 2. <The provisions of this Article relating to the
11-55 suspension or revocation of a license do not apply to a person
11-56 convicted of a felony under Chapter 481, Health and Safety Code,
11-57 Section 485.033, Health and Safety Code, or Chapter 483, Health and
11-58 Safety Code.>
11-59 <Sec. 3.> The <Texas> State Board of Dental Examiners <and
11-60 the District Courts of this State> shall have <concurrent>
11-61 jurisdiction and authority, after notice and hearing <as
11-62 hereinafter provided>, to suspend or revoke a dental license or a
11-63 dental hygienist license, to place on probation a person whose
11-64 license or certificate is suspended, or to reprimand a licensee or
11-65 certificate holder, and in addition to or in lieu of said
11-66 suspension, revocation, probation, or reprimand, to assess an
11-67 administrative penalty as provided for in Article 4548j, Revised
11-68 Statutes, <a fine in an amount not to exceed $2,500 payable to the
11-69 dental registration fund> for any one or more of the following
11-70 causes:
12-1 (a) Proof of insanity of the holder of a license or
12-2 certificate, as adjudged by the regularly constituted authorities.
12-3 (b) Proof of conviction of the holder of a license or
12-4 certificate of any felony or a misdemeanor involving fraud under
12-5 the laws of this State or any other State or of the United States.
12-6 (c) That the holder thereof has been or is guilty of
12-7 dishonorable conduct, malpractice or gross incompetency in the
12-8 practice of dentistry or dental hygiene.
12-9 (d) That the holder thereof has been or is guilty of any
12-10 deception or misrepresentation for the purpose of soliciting or
12-11 obtaining patronage.
12-12 (e) That the holder thereof procured a license or
12-13 certificate through fraud or misrepresentation.
12-14 (f) That the holder thereof is addicted to habitual
12-15 intoxication or the use of drugs.
12-16 (g) That a dentist employs or permits or has employed or
12-17 permitted persons to practice dentistry in the office or offices
12-18 under his control or management, who were not licensed to practice
12-19 dentistry.
12-20 (h) That the holder thereof has failed to use proper
12-21 diligence in the conduct of his practice or to safeguard his
12-22 patients against avoidable infections.
12-23 (i) That the holder thereof has failed or refused to comply
12-24 with any State law relating to the regulation of dentists or dental
12-25 hygienists.
12-26 (j) That the holder thereof has failed or refused to comply
12-27 with the adopted and promulgated rules and regulations of the
12-28 Board.
12-29 (k) That the holder thereof is physically or mentally
12-30 incapable of practicing with safety to dental patients.
12-31 (l) That the holder thereof has been negligent in the
12-32 performance of dental services which injured or damaged dental
12-33 patients.
12-34 (m) Proof of suspension, revocation, probation, reprimand,
12-35 or other restriction by another State of a license or certificate
12-36 to practice dentistry or dental hygiene based upon acts by the
12-37 licensee or certificate holder enumerated in this section.
12-38 (n) That the holder thereof has knowingly provided or agreed
12-39 to provide dental care in a manner which violates any provision of
12-40 federal or State law regulating a plan whereby any person
12-41 undertakes to provide, arrange for, pay for, or reimburse any part
12-42 of the cost of any dental care services or regulating the business
12-43 of insurance.
12-44 Sec. 3 <4>. (a) If the Board proposes to refuse to examine
12-45 a person, <to suspend or revoke a license or certificate, to place
12-46 on probation a person whose license or certificate has been
12-47 suspended, or to reprimand a licensee or certificate holder,> the
12-48 person is entitled to a hearing before the Board.
12-49 (b) The hearing under this section and an appeal from the
12-50 hearing under this section are governed by the Administrative
12-51 Procedure and Texas Register Act, as amended (Article 6252-13a,
12-52 Vernon's Texas Civil Statutes).
12-53 <Sec. 5. (a) All complaints to be considered by the Board
12-54 shall be made in writing, subscribed and sworn to by the person
12-55 presenting such complaint, which complaint shall set out the
12-56 alleged violations of such Statutes or rules and declaring it to be
12-57 the opinion of the person presenting such complaint that the person
12-58 or persons so accused have so violated said Statutes or rules.>
12-59 <(b) All complaints as received shall be filed with the
12-60 Secretary of the Board or an authorized employee of the Board.
12-61 When a complaint is made by a member of the Board, its agents or
12-62 employees, the Secretary of the Board or its authorized employee
12-63 shall cause such complaint to be docketed on its records in the
12-64 name of the Texas State Board of Dental Examiners versus the person
12-65 against whom such complaint has been made, and shall mail a copy of
12-66 such docketed complaint by registered or certified mail to the
12-67 accused person under the jurisdiction of the Texas State Board of
12-68 Dental Examiners charged with having violated such Statutes or
12-69 rules. When a complaint is made by others than the members of the
12-70 Board, its agents or employees, the Board or its duly authorized
13-1 representative shall cause an investigation of such complaint to be
13-2 made to determine the facts in such case, and if the facts as
13-3 determined by such investigation, in the discretion of the
13-4 Secretary of the Board or its authorized employee, justify the
13-5 docketing of such complaint for hearing before the Board, then the
13-6 Secretary of the Board or its authorized employee shall cause such
13-7 complaint to be docketed on its records in the name of the Texas
13-8 State Board of Dental Examiners versus the person against whom such
13-9 complaint has been made, and shall mail a copy of such docketed
13-10 complaint by registered or certified mail to the accused person
13-11 under the jurisdiction of the Texas State Board of Dental Examiners
13-12 charged with having violated such Statutes or rules.>
13-13 <(c) The Board shall keep an information file about each
13-14 complaint filed with the Board relating to a licensee or
13-15 certificate holder. If a written complaint is filed with the Board
13-16 relating to a licensee or certificate holder, the Board, at least
13-17 as frequently as quarterly and until final disposition of the
13-18 complaint, shall notify the parties to the complaint of the status
13-19 of the complaint unless the notice would jeopardize an undercover
13-20 investigation.>
13-21 <(d) The Board may request a dental peer review or grievance
13-22 committee to submit information to the Board about the activities
13-23 of the committee.>
13-24 <Sec. 6. If said Board shall make and enter any order
13-25 revoking or suspending any person's license or certificate, placing
13-26 a person on probation, or reprimanding a person as hereinabove
13-27 provided, the person may take an appeal to the District Court of
13-28 the County of the residence of the person by filing an appropriate
13-29 petition for such purpose. Said cause shall be placed on the
13-30 docket of said Court in the name of the party or parties filing
13-31 same, as plaintiff, and the Texas State Board of Dental Examiners,
13-32 as defendants.>
13-33 <Sec. 7. Proceedings before the District Courts of this
13-34 State shall be as follows:>
13-35 <It shall be the duty of the several District and County
13-36 Attorneys of this State, on the request of any member of the Texas
13-37 State Board of Dental Examiners or by complaint presented to any
13-38 District Court of the State or county in which such alleged offense
13-39 occurred, to file and prosecute appropriate judicial proceedings in
13-40 the name of the State against the person or persons alleged to have
13-41 so violated such Statute. Such complaint shall be made in writing
13-42 and filed in the District Court of the State or county in which the
13-43 alleged offense occurred, and such complaint shall distinctly set
13-44 forth the charges and grounds thereof and shall be subscribed and
13-45 sworn to. When such complaint is made by any County or District
13-46 Attorney, as herein provided, it shall be subscribed and sworn to
13-47 by the prosecutor and shall be filed with the Clerk of the Court.
13-48 The Court, upon the filing of said complaint, shall order the
13-49 accused dentist to show cause why his license to practice dentistry
13-50 in this State shall not be suspended or revoked.>
13-51 <Citation therein shall be issued in the name of the State of
13-52 Texas and in manner and form as in other cases and the same shall
13-53 be served upon the defendant at least twenty (20) days before the
13-54 trial date set therein. Upon the return of said citation executed,
13-55 if the defendant shall appear and deny the charge, the cause shall
13-56 be docketed for trial and conducted in the name of the State of
13-57 Texas against the defendant. A jury of twelve (12) persons shall
13-58 be summoned as in cases during term time of the court when no
13-59 regular jury is available and as prescribed by law and shall be
13-60 impanelled unless waived by the defendant, and the cause shall be
13-61 tried in like manner as in other civil cases. If the said accused
13-62 dentist be found guilty or shall fail to appear and deny the charge
13-63 after being cited as aforesaid, the Court may by proper order
13-64 entered on the minutes, suspend his license for a time or revoke
13-65 and cancel it entirely and may also give proper judgment of cost,
13-66 from which order an appeal may be taken to the Court of Civil
13-67 Appeals as in other civil cases.>
13-68 SECTION 10. Article 4549b, Revised Statutes, is amended to
13-69 read as follows:
13-70 Art. 4549b. CONSUMER INFORMATION. (a) The Board shall
14-1 prepare information of public <consumer> interest describing the
14-2 <regulatory> functions of the Board and <describing> the Board's
14-3 procedures by which <consumer> complaints are filed with and
14-4 resolved by the Board. The Board shall make the information
14-5 available to the general public and appropriate state agencies.
14-6 (b) The Board by rule shall establish methods by which
14-7 consumers and service recipients are notified of the name, mailing
14-8 address, and telephone number of the Board for the purpose of
14-9 directing complaints to the Board. The Board may provide for that
14-10 notification:
14-11 (1) on each registration form, application, brochure,
14-12 or written contract for services of an individual or entity
14-13 regulated under this Act;
14-14 (2) on a sign prominently displayed in the place of
14-15 business of each individual or entity regulated under this Act; or
14-16 (3) in a bill for service provided by an individual or
14-17 entity regulated under this Act.
14-18 (c) The Board shall list along with its regular telephone
14-19 number the toll-free telephone number that may be called to present
14-20 a complaint about a health professional if the toll-free number is
14-21 established under other state law.
14-22 SECTION 11. Sections 1, 2, and 4, Article 4550a, Revised
14-23 Statutes, are amended to read as follows:
14-24 Sec. 1. It shall be the duty of all persons holding a dental
14-25 license or dental hygienist license issued by the State Board of
14-26 Dental Examiners, to annually apply and to be registered as such
14-27 practitioners with the State Board of Dental Examiners on or before
14-28 March 1st of each calendar year. Each person so registering shall
14-29 pay in connection with such annual registration for the receipt
14-30 hereinafter provided for, a fee as determined by said Board
14-31 according to the needs of said Board, such payment to be made by
14-32 each person to such Board, and every person so registering shall
14-33 file with said Board a written application setting forth such facts
14-34 as the Board may require. A person holding a dental hygienist
14-35 license must attach to the application proof of current
14-36 certification <that the person has successfully completed a course>
14-37 in cardiopulmonary resuscitation given or approved by the American
14-38 Heart Association or American Red Cross <not earlier than one year
14-39 before the date on which the license must be renewed or>, in the
14-40 event that the person is not physically capable of successfully
14-41 completing such training, a written statement executed by either a
14-42 licensed physician or an instructor in cardiopulmonary
14-43 resuscitation approved by the American Heart Association or
14-44 American Red Cross that describes such physical incapacity. In
14-45 lieu of this requirement for annual cardiopulmonary resuscitation
14-46 certification, a dental hygienist licensed by the Texas State Board
14-47 of Dental Examiners and residing in a country other than the United
14-48 States may satisfy this requirement by submitting proof of
14-49 residence upon the annual date of renewal. Upon receipt of such
14-50 applications, accompanied by such fees, said Board, after
14-51 ascertaining either from its records or other sources deemed by it
14-52 to be reliable, that the applicant holds a valid license or
14-53 certificate to practice in this State, shall issue to the applicant
14-54 an annual registration certificate or receipt certifying that he
14-55 has filed such application and has paid the required fee; provided,
14-56 that the filing of such application, the payment of such fee, and
14-57 the issuance of such receipt therefor, shall not entitle the holder
14-58 thereof to lawfully practice within the State of Texas unless he in
14-59 fact holds a license or certificate as such practitioner issued by
14-60 the State Board of Dental Examiners, as provided by this law, and
14-61 unless said license or certificate is in full force and effect; and
14-62 provided further, that in any prosecution for unlawful practice
14-63 such receipt showing payment of the annual registration fee
14-64 required by this chapter shall not be treated as evidence that the
14-65 holder thereof is lawfully entitled to practice.
14-66 Sec. 2. (a) If any person required to register as a
14-67 practitioner under the provisions hereof shall fail or refuse to
14-68 apply for such registration and pay such fee on or before the
14-69 specified date <March 1st> of each calendar year, as hereinabove
14-70 set forth, his license or certificate to practice issued to him,
15-1 shall thereafter stand suspended so that thereafter in practicing
15-2 he shall be subject to the penalties imposed by law upon any person
15-3 unlawfully practicing.
15-4 (b) A person may renew an unexpired license or certificate
15-5 by paying to the Board before the expiration of the license or
15-6 certificate the required renewal fee.
15-7 (c) If a person's license or certificate has been expired
15-8 for not longer than ninety (90) days, the person may renew it by
15-9 paying to the Board the required renewal fee and a fee that is
15-10 one-half of the examination fee for the license or certificate.
15-11 (d) If a person's license or certificate has been expired
15-12 for longer than ninety (90) days but less than one year <two
15-13 years>, the person may renew it by paying to the Board all unpaid
15-14 renewal fees and a fee that is equal to the examination fee for the
15-15 license or certificate.
15-16 (e) If a person's license or certificate has been expired
15-17 for one year <two years> or longer, the person may not renew it,
15-18 except as provided by Section 2A of this article. The person may
15-19 obtain a new license or certificate by submitting to reexamination
15-20 and complying with the requirements and procedures for obtaining an
15-21 original license or certificate. However, the Board may adopt
15-22 rules providing for renewal without reexamination of an expired
15-23 license of a person who was licensed in this state, moved to
15-24 another state, and is currently licensed and has been in practice
15-25 in the other state for the two years preceding application. The
15-26 person must pay to the Board a fee that is equal to the examination
15-27 fee for the license.
15-28 (f) At least thirty (30) days before the expiration of a
15-29 person's license, the <The> Board shall send written notice of the
15-30 impending license expiration to the person at the licensee's last
15-31 known address according to the records of the Board <must notify
15-32 each licensee in writing of that licensee's impending license
15-33 expiration 30 days prior to said expiration and shall attempt to
15-34 obtain from the licensee signed receipt confirming receipt of
15-35 notification>.
15-36 (g) Provided, however, that the requirements governing the
15-37 payment of the annual registration fees and penalties for late
15-38 registration shall not apply to licensees who are on active duty
15-39 with the Armed Forces of the United States of America, and are not
15-40 engaged in private or civilian practice.
15-41 (h) The Board by rule may adopt a system under which
15-42 licenses expire on various dates during the year. For the year in
15-43 which the license expiration date is changed, license fees payable
15-44 on March 1 shall be prorated on a monthly basis so that each
15-45 licensee shall pay only that portion of the license fee that is
15-46 allocable to the number of months during which the license is
15-47 valid. On renewal of the license on the new expiration date, the
15-48 total license renewal fee is payable.
15-49 Sec. 4. (a) To aid the Board in performing its duties, the
15-50 Board is hereby authorized to employ an Executive <Secretary or>
15-51 Director who shall receive a salary to be fixed by the Board, and
15-52 who shall make and file a surety bond in a sum not less than Five
15-53 Thousand Dollars ($5,000) conditioned for the faithful performance
15-54 of all the duties of the <his> office and the safekeeping and
15-55 proper disbursement of said "Dental Registration Fund" and all
15-56 other funds received by the Executive Director <coming into his
15-57 hands>; such salary shall be paid out of said "Dental Registration
15-58 Fund" and shall not be in any way a charge upon the general revenue
15-59 of the State. The Executive Director, with the consent of the
15-60 Board, may employ an Assistant Executive Director who shall perform
15-61 all the duties required by law to be performed by the Executive
15-62 Director when said Executive Director is absent or unable to act
15-63 for any reason. Said Board shall employ and provide such other
15-64 employees as may be needed to assist the Executive <Secretary or>
15-65 Director in performing the Executive Director's <his> duties and in
15-66 carrying out the purposes of this Act, provided that their
15-67 compensation shall be paid only out of the said "Dental
15-68 Registration Fund." All disbursements from "Dental Registration
15-69 Fund" shall be made only upon the written approval of the President
15-70 of the Board, Secretary of said Board, or an employee designated by
16-1 the Board and upon warrants drawn by the Comptroller to be paid out
16-2 of said fund.
16-3 (b) The Executive Director or the Executive Director's <his>
16-4 designee shall develop <within one year of the effective date of
16-5 this Act> an intraagency career ladder program. The program shall
16-6 require<, one part of which shall be> the intraagency posting of
16-7 all nonentry level positions concurrently with <for at least ten
16-8 (10) days prior to> any public posting.
16-9 (c) The Executive Director or the Executive Director's <his>
16-10 designee shall develop <within one year of the effective date of
16-11 this Act> a system of annual performance evaluations. All <based
16-12 on measurable job tasks. Within two years of the effective date of
16-13 this Act all> merit pay for Board employees <authorized by the
16-14 Executive Director> must be based on the system established under
16-15 <by> this section.
16-16 (d) The Executive Director or the Executive Director's
16-17 designee shall prepare and maintain a written policy statement to
16-18 ensure implementation of a program of equal employment opportunity
16-19 under which all personnel transactions are made without regard to
16-20 race, color, disability, sex, religion, age, or national origin.
16-21 The policy statement must include:
16-22 (1) personnel policies, including policies relating to
16-23 recruitment, evaluation, selection, appointment, training, and
16-24 promotion of personnel that are in compliance with requirements of
16-25 the Commission on Human Rights Act (Article 5221K, Vernon's Texas
16-26 Civil Statutes) and its subsequent amendments;
16-27 (2) a comprehensive analysis of the Board work force
16-28 that meets federal and state guidelines;
16-29 (3) procedures by which a determination can be made of
16-30 significant underutilization in the board work force of all persons
16-31 for whom federal or state guidelines encourage a more equitable
16-32 balance; and
16-33 (4) reasonable methods to appropriately address those
16-34 areas of significant underutilization.
16-35 (e) A policy statement prepared under Subsection (d) of this
16-36 section must cover an annual period, be updated annually and
16-37 reviewed by the Commission on Human Rights for compliance with
16-38 Subdivision (1) of Subsection (d)of this section, and be filed with
16-39 the governor's office.
16-40 (f) The governor's office shall deliver a biennial report to
16-41 the legislature based on the information received under Subsection
16-42 (e) of this section. The report may be made separately or as a
16-43 part of other biennial reports made to the legislature.
16-44 (g) The Board shall develop and implement policies that
16-45 clearly define the respective responsibilities of the Board and the
16-46 staff of the Board.
16-47 (h) The Board shall prepare and maintain a written plan that
16-48 describes how a person who does not speak English can be provided
16-49 reasonable access to the Board's programs. The Board shall also
16-50 comply with federal and state laws for program and facility
16-51 accessibility.
16-52 (i) The Board shall develop and implement policies that
16-53 provide the public with a reasonable opportunity to appear before
16-54 the Board and to speak on any issue under the jurisdiction of the
16-55 Board.
16-56 SECTION 12. Subsection (c), Section 3(c), Article 4550a,
16-57 Revised Statutes, is amended to read as follows:
16-58 (c) The <On or before the first day of January each year,
16-59 the> Board shall file annually with <make in writing a complete and
16-60 detailed report accounting for all funds received and disbursed by
16-61 the Board/commission during the preceding year to> the governor and
16-62 with <to> the presiding officer of each house of the legislature a
16-63 complete and detailed written report accounting for all funds
16-64 received and disbursed by the Board during the preceding fiscal
16-65 year. The annual report must be in the form and reported in the
16-66 time provided by the General Appropriations Act.
16-67 SECTION 13. Section (b), Article 4551, Revised Statutes, is
16-68 amended to read as follows:
16-69 (b) The Board shall establish reasonable and necessary fees
16-70 so that the fees, in the aggregate, produce sufficient revenue to
17-1 cover the cost of administering <for the administration of> this
17-2 Act <in amounts not to exceed:>
17-3 <(1) dental examination fee: $150;>
17-4 <(2) dental hygiene examination fee: $75;>
17-5 <(3) annual renewal fees:>
17-6 <dentists: $100,>
17-7 <dental hygienists: $70,>
17-8 <dental labs: $125;>
17-9 <(4) reciprocal registration fee: $200;>
17-10 <(5) duplicate license fee: $15;>
17-11 <(6) duplicate registration certificates: $15>.
17-12 The Board may not set a fee at an amount less than the amount
17-13 of that fee on September 1, 1993 <shall not maintain unnecessary
17-14 fund balances, and fee amounts shall be set in accordance with this
17-15 requirement>.
17-16 SECTION 14. Section 4A, Chapter 475, Acts of the 52nd
17-17 Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
17-18 is amended to read as follows:
17-19 Sec. 4A. DENTAL HYGIENE ADVISORY COUNCIL
17-20 <COMMITTEE>. (a) The Dental Hygiene Advisory Council <Committee>
17-21 is hereby established.
17-22 (b) The Dental Hygiene Advisory Council <Committee> shall be
17-23 composed <consist> of four <not more than eight> dental hygienists
17-24 and two members of the general public appointed by the governor to
17-25 staggered six-year terms <Texas State Board of Dental Examiners. A
17-26 member of such advisory committee shall serve for a term of three
17-27 years expiring on May 1 of the third year of the member's term.
17-28 After the expiration of a member's term, the member shall continue
17-29 to serve until the date a successor is appointed and has qualified.
17-30 A person may not be appointed to serve for more than one full
17-31 term>.
17-32 (c) The advisory council <committee> shall advise the
17-33 <Texas> State Board of Dental Examiners on matters relating to
17-34 dental hygiene. In order to assure that the advisory council
17-35 <committee> is able to exercise properly its advisory powers, the
17-36 State Board of Dental Examiners shall provide the advisory council
17-37 <committee> with timely notice of all Board meetings and a copy of
17-38 the minutes of all Board meetings. In addition, the Board shall
17-39 not adopt any rule relating to the practice of dental hygiene
17-40 unless said proposed rule has been submitted to the advisory
17-41 council <committee> for review and comment at least thirty (30)
17-42 days prior to the adoption of said rule.
17-43 (d) A member of the advisory council <committee> is entitled
17-44 to the compensatory per diem set by the General Appropriations Act
17-45 for each day that the member engages in council <committee>
17-46 business. Except for transportation expenses, a member is not
17-47 entitled to reimbursement for travel expenses. A member is
17-48 entitled to reimbursement for transportation expenses as provided
17-49 by the General Appropriations Act.
17-50 SECTION 15. Section 5, Chapter 475, Acts of the 52nd
17-51 Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
17-52 is amended to read as follows:
17-53 Sec. 5. Examination. The <Texas> State Board of Dental
17-54 Examiners shall hold meetings at such times and places as the Board
17-55 shall designate for the purpose of examining qualified applicants
17-56 for licensure as dental hygienists in this State. All applicants
17-57 for examination shall pay a fee set by the Board to said Board as
17-58 determined by said Board according to its needs and shall apply
17-59 upon forms furnished by the Board and shall furnish such other
17-60 information as the Board may in its discretion require to determine
17-61 any applicant's qualifications. An applicant must attach to the
17-62 application proof that the applicant has successfully completed a
17-63 current course in cardiopulmonary resuscitation given or approved
17-64 by the American Heart Association or American Red Cross <not
17-65 earlier than one year> before the date on which the applicant
17-66 submits the application or, in the event that the applicant is not
17-67 physically capable of successfully completing such training, a
17-68 written statement executed by either a licensed physician or an
17-69 instructor in cardiopulmonary resuscitation approved by the
17-70 American Heart Association or American Red Cross that describes
18-1 such physical incapacity. The Board shall have authority to employ
18-2 the services of such examiners and clerks as may be needed to aid
18-3 the Board in the performance of such duties. The examination shall
18-4 be taken by all applicants on such subjects and operations
18-5 pertaining to dentistry and dental hygiene which shall include
18-6 Dental Anatomy, Pharmacology, X-Ray, Ethics, Jurisprudence, and
18-7 Hygiene, and such other subjects as are regularly taught in
18-8 reputable schools of dentistry and dental hygiene, as the Board in
18-9 its discretion may require. The examination shall be given orally
18-10 or in writing, or by giving a practical demonstration of the
18-11 applicant's skill or by any combination of such methods or subjects
18-12 as the Board may in its discretion require. The Board shall grade
18-13 each applicant upon the various phases of the examination and shall
18-14 report such grades to the applicant within a reasonable time after
18-15 such examination, and each applicant who has satisfactorily passed
18-16 all phases of the examination as determined by the Board shall be
18-17 entitled to and shall be issued a license permitting such applicant
18-18 to practice dental hygiene in the State of Texas as is defined and
18-19 regulated by the law of this State.
18-20 SECTION 16. Section (7), Article 4551f, Revised Statutes, is
18-21 amended to read as follows:
18-22 Sec. (7). (a) In this section, "person" means an
18-23 individual, corporation, association, partnership, or other private
18-24 legal entity.
18-25 (b) A person other than a dental laboratory or dental
18-26 technician may not fill a prescription for the preparation or
18-27 repair of a dental prosthetic appliance that is to be delivered by
18-28 a licensed dentist to a dental patient. <At the time the dental
18-29 prosthetic appliance is delivered to the dentist, the dental
18-30 laboratory that prepared to the dentist, the dental laboratory that
18-31 prepared or repaired the appliance must provide the dentist its
18-32 registration number as assigned by the Board and the expiration
18-33 date of its certificate of registration. The dental laboratory
18-34 must provide the number in writing.>
18-35 (c) A person may not offer or undertake to operate a dental
18-36 laboratory or to provide the services described in Section (1) of
18-37 this article unless the person holds a certificate of registration
18-38 issued by the board.
18-39 (d) At the time the dental prosthetic appliance is delivered
18-40 to the dentist, the dental laboratory that prepared or repaired the
18-41 appliance must provide the dentist its registration number as
18-42 assigned by the board and the expiration date of its certificate of
18-43 registration. The dental laboratory must provide the number in
18-44 writing.
18-45 (e) A dentist may not knowingly prescribe, order, or receive
18-46 a dental prosthetic appliance that is to be prepared or has been
18-47 prepared by an unregistered dental laboratory. <A dentist who
18-48 violates this subsection commits an offense. Except as provided by
18-49 Subsection (f) of this section, an offense under this subsection is
18-50 a Class C misdemeanor.>
18-51 (f)<(e)> A person who violates a subsection <Subsection (b)
18-52 or (c)> of this section commits an offense. An <Except as provided
18-53 by Subsection (f) of this section, an> offense under Subsections
18-54 (b) or (c) of this section is a third degree felony. An offense
18-55 under Subsections (d) or (e) of this section <Subsection> is a
18-56 Class C misdemeanor.
18-57 (g)<(f)> If it is shown on the trial of an offense under
18-58 this section that the defendant has previously been convicted under
18-59 Subsections (d) and (e) of this section, an offense <under this
18-60 section> is a Class A misdemeanor.
18-61 SECTION 17. Chapter 9, Title 71, Revised Statutes, is
18-62 amended by adding Article 4551n to read as follows:
18-63 Art. 4551n. EMPLOYMENT OF DENTISTS. (a) The Board shall,
18-64 on a form and under rules adopted by the Board, approve and certify
18-65 any health organization to employ dentists upon application by the
18-66 organization and presentation of satisfactory proof to the Board
18-67 that the organization:
18-68 (1) is a nonprofit corporation under the Texas
18-69 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
18-70 Texas Civil Statutes) and its subsequent amendments and Section
19-1 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501);
19-2 and
19-3 (2) is organized and operated as a migrant, community,
19-4 or homeless health center under the authority of and in compliance
19-5 with 42 U.S.C. Section 254b, 254c, or 256, to contract with or
19-6 employ dentists licensed by the Board.
19-7 (b) Any dentist providing dental services under Subsection
19-8 (a) of this section shall provide those services free of charge or
19-9 at a reduced fee commensurate with the patient's ability to pay in
19-10 strict compliance with the applicable provisions of 42 U.S.C.
19-11 Section 254b, 254c, or 256.
19-12 (c) The Board may, at its discretion, refuse to approve or
19-13 certify any such health organization making application to the
19-14 Board if in the Board's determination the applying nonprofit
19-15 corporation is established or organized or operated in
19-16 contravention to or with the intent to circumvent any provision of
19-17 this Act.
19-18 SECTION 18. Section (b), Article 4551d, Revised Statutes, is
19-19 repealed.
19-20 SECTION 19. (a) This Act takes effect September 1, 1993.
19-21 (b) As the terms of members of the State Board of Dental Examiners
19-22 expire or as vacancies on the board occur, the governor shall
19-23 appoint members to the board to achieve, as soon as possible, the
19-24 membership plan prescribed for the board by Article 4543a, Revised
19-25 Statutes, as amended by this Act.
19-26 (c) The changes in law made by this Act in the
19-27 qualifications of and the prohibitions applying to members of the
19-28 State Board of Dental Examiners do not affect the entitlement of a
19-29 member serving on the board immediately before the effective date
19-30 of this Act to continue to hold office on the board for the term
19-31 for which the member was appointed. The changes in law apply only
19-32 to a member appointed on or after September 1, 1993.
19-33 (d) As soon as possible on or after the effective date of
19-34 this Act, the governor shall appoint six members to the Dental
19-35 Hygiene Advisory Council. In making the appointments, the governor
19-36 shall designate two members for terms expiring February 1, 1995,
19-37 two members for terms expiring February 1, 1997, and two members
19-38 for terms expiring February 1, 1999.
19-39 (e) The current Dental Hygiene Advisory Committee
19-40 established under Section 4A, Chapter 475, Acts of the 52nd
19-41 Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
19-42 shall continue to advise the board until the governor appoints a
19-43 quorum of members of the Dental Hygiene Advisory Council. At that
19-44 time the Dental Hygiene Advisory Committee is abolished and the new
19-45 council assumes its duties.
19-46 (f) The changes in law made by this Act relating to a
19-47 penalty that may be imposed apply only to a violation of the Dental
19-48 Practice Act (Article 4543 et seq., Revised Statutes) or a rule
19-49 adopted by the State Board of Dental Examiners that occurs on or
19-50 after the effective date of this Act. A violation occurs on or
19-51 after the effective date of this Act only if each element of the
19-52 violation occurs on or after that date. A violation that occurs
19-53 before the effective date of this Act is governed by the law in
19-54 effect on the date the violation occurred, and the former law is
19-55 continued in effect for this purpose.
19-56 SECTION 20. The importance of this legislation and the
19-57 crowded condition of the calendars in both houses create an
19-58 emergency and an imperative public necessity that the
19-59 constitutional rule requiring bills to be read on three several
19-60 days in each house be suspended, and this rule is hereby suspended.
19-61 * * * * *
19-62 Austin,
19-63 Texas
19-64 May 3, 1993
19-65 Hon. Bob Bullock
19-66 President of the Senate
19-67 Sir:
19-68 We, your Committee on Health and Human Services to which was
19-69 referred S.B. No. 673, have had the same under consideration, and I
19-70 am instructed to report it back to the Senate with the
20-1 recommendation that it do not pass, but that the Committee
20-2 Substitute adopted in lieu thereof do pass and be printed.
20-3 Zaffirini,
20-4 Chair
20-5 * * * * *
20-6 WITNESSES
20-7 FOR AGAINST ON
20-8 ___________________________________________________________________
20-9 Name: Richard Morrison x
20-10 Representing: Self
20-11 City: Houston
20-12 -------------------------------------------------------------------
20-13 Name: Dale Robinowitz x
20-14 Representing: Self
20-15 City: Dallas
20-16 -------------------------------------------------------------------
20-17 Name: Barry Solomon x
20-18 Representing: Self
20-19 City: San Antonio
20-20 -------------------------------------------------------------------
20-21 Name: Eldridge F. Dorsey, II x
20-22 Representing: Self
20-23 City: Houston
20-24 -------------------------------------------------------------------
20-25 Name: David Hilgers x
20-26 Representing: Self
20-27 City: Austin
20-28 -------------------------------------------------------------------
20-29 Name: L. Jack Bolton x
20-30 Representing: Self
20-31 City: Dallas
20-32 -------------------------------------------------------------------
20-33 Name: Joey Longley x
20-34 Representing: Sunset Commission
20-35 City: Austin
20-36 -------------------------------------------------------------------
20-37 Name: David Holland x
20-38 Representing: Sunset Commission
20-39 City: Austin
20-40 -------------------------------------------------------------------
20-41 FOR AGAINST ON
20-42 ___________________________________________________________________
20-43 Name: Glenda Smith x
20-44 Representing: Self
20-45 City: Austin
20-46 -------------------------------------------------------------------
20-47 Name: C. Thomas Camp x
20-48 Representing: Tx St Bd Dental Examiners
20-49 City: Austin
20-50 -------------------------------------------------------------------
20-51 Name: Allen Halbrook x
20-52 Representing: Tx St Bd Dental Examiners
20-53 City: Austin
20-54 -------------------------------------------------------------------
20-55 Name: Mary Spinks x
20-56 Representing: Tx St Bd Dental Examiners
20-57 City: Spring
20-58 -------------------------------------------------------------------
20-59 Name: Wilfred D. Whiteside x
20-60 Representing: Tx St Bd Dental Examiners
20-61 City: Corpus Christi
20-62 -------------------------------------------------------------------
20-63 Name: Glenna Johns x
20-64 Representing: Tx St Bd Dental Examiners
20-65 City: Plano
20-66 -------------------------------------------------------------------
20-67 Name: Susan Finkelstein x
20-68 Representing: Self
20-69 City: San Antonio
20-70 -------------------------------------------------------------------
21-1 Name: Nancy Tibbets x
21-2 Representing: Self
21-3 City: Cleburne
21-4 -------------------------------------------------------------------
21-5 Name: Leslie Lanham x
21-6 Representing: Children's Defense Fund
21-7 City: Austin
21-8 -------------------------------------------------------------------
21-9 Name: Rosemary Courtney x
21-10 Representing: Tx Dental Hygienist Asso
21-11 City: Harlingen
21-12 -------------------------------------------------------------------
21-13 Name: Mark J. Hanna x
21-14 Representing: Texas Dental Asso
21-15 City: Austin
21-16 -------------------------------------------------------------------
21-17 Name: Roger P. Byrne
21-18 Representing: Tx St Bd Dental Examiners
21-19 City: Houston
21-20 -------------------------------------------------------------------
21-21 Name: Gary Morgan x
21-22 Representing: Dental Lab Asso of Texas
21-23 City: Austin
21-24 -------------------------------------------------------------------
21-25 Name: Paul Colbert x
21-26 Representing: Self
21-27 City: Houston
21-28 -------------------------------------------------------------------
21-29 Name: William Van Eenenaam x
21-30 Representing: Self
21-31 City: Houston
21-32 -------------------------------------------------------------------
21-33 Name: Wayne R. Youngblood x
21-34 Representing: Self
21-35 City: Dripping Springs
21-36 -------------------------------------------------------------------
21-37 Name: Eddi Lee x
21-38 Representing: Self
21-39 City: Houston
21-40 -------------------------------------------------------------------