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.