BILL ANALYSIS S.B. 1084 By: Moncrief Health and Human Services 4-27-95 Committee Report (Unamended) BACKGROUND Senate Bill 18, 74th Legislature, Regular Session, which reestablished 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 As proposed, S.B. 1084 sets forth provisions relating to the regulation of dental laboratories. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas State Board of Dental Examiners under SECTION 3 (Section (8)(b), Article 4551f, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5(a), Article 4551f, V.T.C.S., to exempt a dentist, the dentist's employees, and the employees of the professional corporation or partnership in which the dentist has specific involvement 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, V.T.C.S., by adding Subsections (d) and (e), as follows: (d) Provides that the owner of a dental laboratory registered with the Texas State Board of Dental Examiners (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), Article 4551f, V.T.C.S., by amending Subsection (b) and adding Subsection (f), as follows: (b) Adds rulemaking authority for the board regarding dental laboratories. (f) 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. SECTION 4. Amends Section (9)(d), Article 4551f, V.T.C.S., to authorize, rather than require, the council to recommend to the board rules relating to dental laboratories. Requires the board to begin the process under Chapter 2001, Government Code, to consider rules based on the council's recommendations, 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.