BILL ANALYSIS S.B. 1084 By: Moncrief (Cook) May 11, 1995 Committee Report (Unamended) BACKGROUND Senate Bill 18, 74th Legislature, Regular Session, which re-established the State Board of Dental Examiners, was emergency legislation and dealt only with the terms of an agreement reached by dentists and hygienists after the board was "sunsetted" in 1993. Dental laboratories agreed to file separate legislation regarding their own regulation. Currently, the difference between a commercial laboratory and an in-house laboratory operated by a dentist lacks sufficient distinction, the board has very limited authority for passing rules regarding regulation of dental laboratories, and the process for board consideration of rules submitted by the Dental Laboratory Certification Council needs clarification. PURPOSE S.B. 1084 would set forth provisions relating to the regulation of dental laboratories. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants additional rulemaking authority to the Texas State Board of Dental Examiners (board) under Section 3(b), (Section (8)(b), Article 4551f, Revised Statutes) and Section 4 (Section (9)(d), Article 4551f, Revised Statutes). Also, Section 3(f) of the bill, (Section (8)(f), Article 4551f, Revised Statutes) requires the board to allow the Dental Laboratory Certification Council (council) 30 days for review and comment on any rule relating to dental laboratories that is proposed by the board. Additionally, Section 4 of the bill (Section (9)(d), Article 4551f, Revised Statutes, allows the council to recommend to the Board rules relating to dental laboratories. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5(a), Article 4551f, Revised Statutes, to exempt a dentist, the dentist's employees, and the employees of the professional corporation or partnership in which the dentist has specific involvement, instead of just the dentist, from the provisions of this article under certain circumstances, provided the service is performed by the dentist or the employees on the premises within which the dentist practices. SECTION 2. Amends Section (6), Article 4551f, Revised Statutes, by adding Subsections (d) and (e), as follows: (d) States that the owner of a dental laboratory registered with the board on September 1, 1987, is not required to submit proof that the laboratory has at least one certified dental technician working for and at the laboratory if the laboratory's registration has been continuous and its fees are paid; the beneficial ownership of at least 51 percent of the laboratory has not been transferred; and the owner is employed on the laboratory premises not less than 30 hours each week. (e) Exempts a dental laboratory owned by a dentist or professional corporation or partnership with which that dentist has specific involvement from the provisions of this article requiring a dental laboratory to have at least one dental technician working on the premises, certified by a nationally recognized board of certification for dental technology. Provides an exception to this exemption. SECTION 3. Amends Section (8)(b) and adds Section (8)(f), Article 4551f, Revised Statutes, as follows: (b) Prohibits the board from exercising rulemaking authority regarding dental laboratories with the exceptions provided in this subsection, including (b)(7) - (b)(12) as added and specified by this bill. (f) Requires the board to allow the council 30 days for review and comment on any rule relating to dental laboratories that is proposed by the board. SECTION 4. Amends Section (9)(d), Article 4551f, Revised Statutes, to allow, rather than require, the council to recommend to the board rules relating to dental laboratories, instead of relating to the contents of continuing education courses, which is deleted. Adds the requirement that board begin the process under Chapter 2001, Government Code, to consider rules based on the council's recommendations within 30 days of receiving any recommendation, and to provide to the council its reasons for amending or rejecting any rule proposed by the council. SECTION 5. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION S.B. 1084 was considered by the Public Health Committee in a formal meeting on May 11, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 6 AYES, 0 NAYS, 0 PNV, and 3 ABSENT.