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.