BILL ANALYSIS
S.B. 18
By: Moncrief (Counts)
1-19-95
Committee Report (Unamended)
BACKGROUND
The State Board of Dental Examiners was abolished on August 31,
1994, because a bill that would have reauthorized its operations
failed to pass the 73rd Legislature. Although the board was
subject to sunset in August, the Dental Practice Act remains in
effect, and administrative tasks are being handled by other
agencies. The Dental Information Resource Center has also
continued to be available to field inquiries and make referrals.
The legislature is under a court order to reinstate the board
within 30 days of reconvening. The governor must sign the bill by
February 8. The bill reestablishes the board according to the
agreement reached by the Texas Dental Association and the Texas
Association of Dental Hygienists.
PURPOSE
As proposed, S.B. 18 provides for the continuation, under the
Sunset Act, of the State Board of Dental Examiners and the Dental
Hygiene Advisory Committee and provides for training and continuing
education requirements, a modified complaint process, and
administrative penalties for violations, among other statutory
modifications.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the State Board of Dental Examiners under SECTION 3 (Sections
1(b) and 5, Article 4544, V.T.C.S.), SECTION 4 (Section 2(a),
Article 4545a, V.T.C.S.), SECTION 5 (Section 1(a), Article 4548f,
V.T.C.S.), SECTION 6 (Sections 1(c), (e), (h), and (j), Article
4548h, V.T.C.S.), SECTION 8 (Article 4548i(c), V.T.C.S.), SECTION
10 (Article 4549b(b), V.T.C.S.), SECTION 11 (Sections 2(e) and (h),
Article 4550a, V.T.C.S.), SECTION 14 (Section 5(b), Article 4551e,
V.T.C.S.), SECTION 15 (Section 5A(b), Article 4551e, V.T.C.S.),
SECTION 18 (Article 4551n(a), V.T.C.S.), and to the Dental Hygiene
Advisory Committee under SECTION 27 of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 4543a, V.T.C.S. (Dental Practice Act),
as follows:
Art. 4543a. APPOINTMENT; QUALIFICATIONS
Sec. 1. (a)(1) Increases the membership of the State Board of
Dental Examiners (board) from 15 to 18 and the number of
public members from 3 to 6.
(2) Provides that a person is not eligible for appointment
as a public member if the person or the person's spouse
uses a substantial amount of tangible goods, services or
funds from the board, other than certain authorized
compensation. Makes conforming changes.
(b) Requires board appointments to be made without regard to
certain personal characteristics.
Sec. 2. Requires the president of the board to be a dentist
and makes nonsubstantive changes.
Sec. 3. (a)-(c) Set forth individuals prohibited from serving
as members, employees, and general counsel of the board.
(d) Sets forth the definition of a Texas trade association.
Sec. 4. (a) Adds members who cannot discharge member duties
for a substantial part of the term for which the member is
appointed because of illness or disability to the list of
grounds for removal of members.
(b) Makes no changes.
(c) Requires board members possessing knowledge that a
potential ground for removal exists to inform the board.
Requires the board to notify the governor. Deletes
requirements that violations be presented in writing and be
reviewed at the next meeting.
Sec. 5. (a) Requires board members to comply with member
training requirements.
(b) Requires the board to provide information to members and
employees regarding qualifications for office or employment
and their responsibilities relating to standards of conduct
for state employees.
Sec. 6. (a) Requires the board to establish a training
program for board members.
(b) Requires members to complete at least one section of the
training program before assuming membership duties and
before senate confirmation.
(c) Sets forth requirements for the training program.
(d) Requires the board to consult with the governor's office
and the Texas Ethics Commission in developing training
requirements.
(e) Requires the board to allow another state agency or
entity given the authority to establish the training
requirements in lieu of developing its own program.
SECTION 2. Amends Article 4543b, V.T.C.S., as follows:
Art. 4543b. SUNSET PROVISION. Updates the board's sunset
date to September 1, 2005.
SECTION 3. Amends Sections 1 and 5, Article 4544, V.T.C.S., as
follows:
Sec. 1. (a) Created from existing text and makes
nonsubstantive changes. Requires the board to contract with
an independent or regional testing service for any required
clinical examination. Authorizes the board to use the
services of Texas licensed dentists to provide assistance if
the regional testing service is used. Requires the written
portion of the examination to be validated by an independent
testing professional.
(b) Requires the board, by rule, to set the number of and
conditions for examination retakes. Authorizes the board to
require an applicant who fails the examination to meet
additional education requirements.
Sec. 5. Replaces existing text to set forth more specific
requirements for continuing education programs. Sets forth
requirements that the board, by rule, must set for continuing
education programs.
SECTION 4. Amends Article 4545a, V.T.C.S., as follows:
Art. 4545a. New title: LICENSING BY CREDENTIALS; LICENSING OF
FOREIGN-TRAINED DENTISTS
Sec. 1. (a) Requires the board, rather than authorizes it, to
grant a dentistry or a dental hygienist license to a person
who meets certain qualifications.
(b) Requires the applicant to be endorsed by the board of
dentistry of the jurisdiction of current practice.
(c) Requires the board to complete the processing of an
application within 180 days of receiving all required
documentation and results or grant a license to the
applicant.
Sec. 2. (a) Requires the board, upon receipt of payment, to
grant a license to a dentist or dental hygienist who has not
graduated from a dental or dental hygiene school accredited by
the commission on Dental Accreditation of the American Dental
Association under certain circumstances, including if the
board, through a procedure adopted by rule, determines that
the educational qualifications are equivalent to those
required to practice dentistry or dental hygiene in the state.
(b) Requires the board to complete the processing of an
application within 180 days of receiving all required
documentation and results or grant a license to the
applicant. Deletes existing requirements for applicants.
SECTION 5. Amends Section 1(a), Article 4548f, V.T.C.S., as
follows:
(a) Prohibits the board from adopting rules restricting
competitive bidding or advertising by a person regulated by
the board, unless it prohibits false advertising practices.
Replaces existing prohibitions for the rules governing false
advertising practices.
SECTION 6. Amends Article 4548h, V.T.C.S., as follows:
Art. 4548h. New title: COMPLAINTS; REFUSING, REVOKING,
CANCELLING, AND SUSPENDING LICENSES
Sec. 1. (a) Requires the board to keep an information file
about each complaint filed with the board. Sets forth
requirements for files.
(b) Requires the board to notify parties to the complaint of
the status of the complaint at certain intervals, with an
exception.
(c) Requires the board, by rule, to adopt a form to
standardize information concerning complaints made to the
board. Requires the board to prescribe, by rule,
information to be provided in filing a complaint.
(d) Requires the board to provide reasonable assistance to
a person filing a complaint.
(e) Requires the board to adopt rules concerning the
investigation of a complaint filed with the board. Sets
forth requirements for these rules.
(f) Sets forth requirements for disposing of all complaints
in a timely manner.
(g) Requires the executive director of the board (director)
to notify the board of the number of and reasons for
complaints that extend beyond a two-year time frame for
resolution at board meetings.
(h) Requires the board, by rule, to adopt procedures
governing informal disposition or proceedings of contested
cases.
(i) Requires rules adopted under this section to provide the
complainant and licensee an opportunity to be heard and
requires an attorney to be present to advise the board.
Requires the attorney to be a member of the board's legal
staff or of the attorney general's office.
(j) Requires the board, by rule, to develop a system for
monitoring license holders' compliance with the requirements
of this Act. Deletes existing provision authorizing the
board to refuse to grant a license under certain
circumstances.
Sec. 2. (a) Requires the board to place on probation a person
whose license has been suspended, or to reprimand a licensee,
in addition to revoking or suspending a license, under certain
circumstances. Makes conforming and nonsubstantive changes.
(b) Makes nonsubstantive changes.
(c) Sets forth required procedure for the board when it
receives a complaint. Deletes the distinction between
complaints filed by members and by non-members.
(d) Sets forth actions which the board is authorized to
require of a practitioner whose license suspension is
probated.
(e) Requires the board or the executive committee to
temporarily suspend a license if it determines that
continuation in practice would constitute a clear threat to
a person's well-being. Sets forth required procedure for
suspending a license.
(f) Requires all complaints considered by the board to be
filed within four years of the date on which the act
occurred or within four years after a complainant
discovered, or in the exercise of reasonable diligence
should have discovered, the occurrence of the act.
Sec. 3. (a)-(b) Make nonsubstantive changes.
(c)-(d) Redesignate existing Subsections (d)-(e). Delete
provision requiring an appeal to be considered as a
supersedeas under certain circumstances.
(e) Authorizes the court to permit a person who files an
appeal to stay enforcement of penalty by giving the court a
supersedeas bond that the court approves, with an exception.
Authorizes the court to uphold or reduce a punishment if it
sustains the occurrence of violation and requires the court
to assess no punishment if it does not sustain the
occurrence.
Sec. 4. Makes a nonsubstantive change.
SECTION 7. Amends Article 4548i, V.T.C.S., as follows:
Art. 4548i. PUNISHMENT (a) Provides that an offense involving
practicing without an appropriate license issued by the board
is a third degree felony.
(b) Provides that a penalty for violation of Chapter 9,
Title 71, V.T.C.S., is liable to the state for a civil
penalty up to $2,500 and that each day of violation is a
separate offense. Sets forth requirements for filing and
collecting penalties.
SECTION 8. Amends Title 71, Chapter 9, V.T.C.S., by adding Article
4548j, as follows:
Art. 4548j. ADMINISTRATIVE PENALTY. Authorizes the board to
impose an administrative penalty against a person who violates
this Act or a rule or order adopted under this Act.
(b) Provides that a penalty for violation may be up to
$5,000 and that each day of violation is a separate offense.
(c) Requires the director or a board subcommittee, composed
of at least one public board member, to determine the amount
of the penalty based on a standardized penalty schedule.
Requires the board, by rule, to develop a penalty schedule
based on certain criteria.
(d) Authorizes the director or subcommittee to issue a
report and recommended penalty to the board.
(e) Sets forth requirements for notifying the person of the
board's report.
(f) Authorizes the person receiving the notice to accept the
determination or to request a hearing within 20 days.
(g) Requires the board, by order, to approve the
determination and impose the penalty if the person accepts
the determination.
(h) Sets forth requirements for a hearing on the board's
determination.
(i) Requires the board's notice to include a statement of
the right of the person to judicial review of the order.
(j) Sets forth requirements of the person within 30 days of
the board's final order.
(k) Sets forth authorized actions for a person within 30
days of receiving the board's notice.
(l) Authorizes a director who receives a copy of an
affidavit under Subsection (k)(2) to file a contest to the
affidavit within five days.
(m) Authorizes the director, if a person does not pay the
penalty and the enforcement is not stayed, to refer the
matter to the attorney general.
(n) Sets forth requirements for board judicial review
orders.
(o) Authorizes the court to order, change, or cancel
penalties.
(p) Sets forth requirements for the court when its judgment
become final.
(q) Requires penalties collected under this article to be
remitted to the comptroller for deposit in the dental
registration account in the state treasury. Authorizes
these funds to be used only for an approved peer assistance
program.
(r) Subjects proceedings under this article to the
Administrative Procedure Act.
(s) Prohibits anything in this article from being construed
as preventing the board from assessing an administrative
penalty using an informal proceeding under Article 4548h,
V.T.C.S.
SECTION 9. Amends Article 4549, V.T.C.S., as follows:
Art. 4549. REFUSAL TO EXAMINE OR ISSUE LICENSE; JUDICIAL
SUSPENSIONS AND REVOCATIONS
Sec. 1. Adds proof that an applicant violated provisions
relating to the practice of dentistry or any provision of
Chapter 9, Title 71, V.T.C.S., within 12 months before filing
a license application to the list of reasons for which the
board is authorized to refuse to issue a license.
Sec. 2. Created from existing Section 3 to make conforming
changes. Deletes existing Section 2.
Sec. 3. Created from existing Section 4 to make conforming
changes. Deletes existing Sections 5-7 setting forth
complaint procedure.
SECTION 10. Amends Article 4549b, V.T.C.S., as follows:
Art. 4549b. CONSUMER INFORMATION. (a) Makes nonsubstantive
changes.
(b) Requires the board, by rule, to establish methods by
which consumers and service recipients are notified of the
board's address and telephone number in order to file
complaints. Sets forth authorized methods of notification.
(c) Requires the board to list a toll-free number, if
applicable.
SECTION 11. Amends Sections 1-4, Article 4550a, V.T.C.S., as
follows:
Sec. 1. Makes nonsubstantive changes.
Sec. 2. (a)-(d) Make conforming and nonsubstantive changes.
(e) Provides that a person may renew a license up to one
year, rather than two years, after it expires. Authorizes
the board to adopt rules for renewal without reexamination
of an expired license if a person has moved to another state
and has been in practice in the other state for two years
preceding application, providing the person pays the
examination fee.
(f) Requires the board to send written notice at least 30
days before impending license expiration. Deletes
requirement that the board attempt to obtain signed notice
from the licensee confirming receipt of notification.
(g) Makes no changes.
(h) Requires the board, by rule, to adopt a system under
which licenses expire throughout the year. Sets forth
requirements for determining renewal fees.
Sec. 3. Requires the board to file an annual report
accounting for all funds in the manner provided by the General
Appropriations Act and makes conforming changes.
Sec. 4. (a)-(c) Make conforming and nonsubstantive changes.
(d) Requires the director or a designee to prepare a written
statement for a program of equal employment opportunity
(statement). Sets forth requirements for the statement.
(e) Requires the statement to cover an annual period and be
updated and reviewed annually and filed with the governor's
office.
(f) Requires the governor's office to deliver a biennial
report based on the statement.
(g) Requires the board to clearly define the respective
responsibilities of the board and board staff.
(h) Requires the board to prepare and maintain a written
plan that provides a non-English speaker with access to the
board's programs and to comply with federal and state
accessibility laws.
(i) Requires the board to provide the public with a
reasonable opportunity to appear before the board.
SECTION 12. Amends Article 4551, V.T.C.S., as follows:
Art. 4551. FEES AND EXPENSES. (a) Provides that a member may
receive reimbursement for expenses incurred in performing
official duties.
(b) Requires the board to establish fees to cover
administration costs, rather than setting limits on fees.
SECTION 13. Amends Section 4A, Article 4551e, V.T.C.S., as
follows:
Sec. 4A. DENTAL HYGIENE ADVISORY COMMITTEE. Sets forth more
specific requirements for composition of the Dental Hygiene
Advisory Committee (committee).
SECTION 14. Amends Section 5, Chapter 475, Article 4551e,
V.T.C.S., as follows:
Sec. 5. EXAMINATION. (a) Created from existing text and
makes nonsubstantive changes. Requires the board to contract
with an independent or regional testing service for any
required clinical examination. Authorizes the board to use
the services of Texas licensed dental hygienists to provide
assistance if the regional testing service is used. Requires
the written portion of the examination to be validated by an
independent testing professional.
(b) Requires the board, by rule, to set the number of and
conditions for examination retakes. Authorizes the board to
require an applicant who fails the examination to meet
additional education requirements. Makes conforming
changes.
SECTION 15. Amends Article 4551e, V.T.C.S., by adding Section
5A, as follows:
Sec. 5A. CONTINUING EDUCATION. Sets forth requirements for
continuing education programs and requirements that the board,
by rule, must set for continuing education programs.
SECTION 16. Amends Section (6)(a), Article 4551f, V.T.C.S., to
make conforming changes.
SECTION 17. Amends Section (7), Article 4551f, V.T.C.S., as
follows:
(a)-(c) Make nonsubstantive changes.
(d) Created from existing text of Subsection (b).
(e) Makes conforming changes.
(f) Provides that a person who violates this section commits
an offense. Sets forth degree of offense according to the
subsection violated.
(g) Makes conforming changes.
SECTION 18. Amends Chapter 9, Title 71, V.T.C.S., by adding
Article 4551n, as follows:
Art. 4551n. EMPLOYMENT OF DENTISTS. (a) Requires the board,
by rule, to approve and certify health organizations to employ
dentists upon application by the organization and presentation
of certain criteria to the board.
(b) Requires dentists providing services under Subsection
(a) to provide these services commensurate with the
patient's ability to pay in strict compliance with federal
codes.
(c) Authorizes the board to refuse to approve or certify
health organizations the board determines is operated with
the intent to circumvent this Act.
SECTION 19. Amends Sections 467.0041 (c) and (d), Health and
Safety Code, to make conforming changes.
SECTION 20. Repealer: Article 4551d(b), V.T.C.S. (Rules and
regulations of Board).
SECTION 21. (a) Provides that the board is reestablished.
(b) Provides that the board is appropriated $206,168 for the
fiscal biennium ending August 31, 1995.
(c) Requires funds received under Article 4550a, V.T.C.S., to
be deposited to the dental registration account. Requires
unexpended funds to be deposited to the credit of the dental
registration account.
SECTION 22. Provides that personnel, property and record, and
fund transfers that occurred as a result of the abolition of the
board be retransferred to the board.
SECTION 23. Requires the chief coordinator of the Dental
Information Resource Center of the Health Professions Council on
January 1, 1995, to serve as the interim director. Sets forth the
term, powers and duties of the interim director.
SECTION 24. Reactivates board rules in existence August 31,
1994, on the date the board is reestablished under this Act.
SECTION 25. (a) Requires the governor to appoint the members of
the board within 90 days of the effective date of this Act. Sets
forth requirements for term limits for initial members.
(b) Provides that initial members are not required to complete
the training course before assuming membership duties and
before senate confirmation, but must do so within 12 months of
the effective date of this Act.
SECTION 26. Requires the governor and the board to appoint the
members of the Dental Hygiene Advisory Committee (committee) as
soon as possible after the reestablishment of the board. Sets
forth requirements for term limits for initial members.
SECTION 27. (a) Requires the committee to develop and recommend
rules to the Board to establish licensure and educational
requirements for dental hygienists.
(b) Requires the board to approve or reject the proposed
rules, explain the reasons to the committee for the board's
decision, and to act as final authority.
(c) Provides that this section expires three years from the
effective date of this Act.
SECTION 28. Prohibits the board from establishing a date on which
the committee is abolished prior to the expiration of four years
after the effective date of this Act.
SECTION 29. Makes application of this Act prospective.
SECTION 30. Emergency clause.
Effective date: upon passage.