By Counts                                              H.B. No. 472
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the reestablishment and operation of the State Board of
    1-3  Dental Examiners and to the regulation of the practice of dentistry
    1-4  and dental hygiene; providing penalties; and making an
    1-5  appropriation.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Article 4543a, Revised Statutes, is amended to
    1-8  read as follows:
    1-9        Art. 4543a.  APPOINTMENT; QUALIFICATIONS
   1-10        Sec. 1.  (a)(1)  The State Board of Dental Examiners, also
   1-11  known as the Texas State Board of Dental Examiners, shall consist
   1-12  of 18 <15> members.  Ten members must be reputable, practicing
   1-13  dentists who have resided in the State of Texas and have been
   1-14  actively engaged in the practice of dentistry for five years <next>
   1-15  preceding their appointment, none of whom shall be members of the
   1-16  faculty of any dental or dental hygiene school or college or of the
   1-17  dental or dental hygiene department of any medical school or
   1-18  college or shall have a financial interest in any such school or
   1-19  college.  Two members must be reputable, practicing dental
   1-20  hygienists who have resided in the State of Texas and have been
   1-21  actively engaged in the practice of dental hygiene for five years
   1-22  <next> preceding the appointment, who are not licensed to practice
   1-23  dentistry in this state, and who shall not be a member of the
    2-1  faculty of any dental or dental hygiene school or college or of the
    2-2  dental or dental hygiene department of any medical school or
    2-3  college or shall have a financial interest in any such school or
    2-4  college.  Six <Three> members must be members of the general
    2-5  public.  A person is not eligible for appointment as a member if
    2-6  the person:
    2-7                    (A)  has ever had his license to practice
    2-8  dentistry or dental hygiene revoked by the Board, provided that the
    2-9  revocation has not been subsequently overturned by final order of a
   2-10  court of law, based upon acts which, in the opinion of the Board,
   2-11  violated any provision of the statutes of the State of Texas
   2-12  relating to the practice of dentistry, dental hygiene, or any
   2-13  provision of this chapter; or
   2-14                    (B)  is an adverse party in civil litigation
   2-15  against the Board.
   2-16              (2)  A person is not eligible for appointment as a
   2-17  public member if the person or the person's spouse:
   2-18                    (A)  is registered, certified, or licensed by an
   2-19  occupational regulatory agency in the field of health care;
   2-20                    (B)  is employed by or participates in the
   2-21  management of a business entity or other organization that is
   2-22  regulated by the Board or receives funds from the Board <provides
   2-23  health-care services or that sells, manufactures, or distributes
   2-24  health-care supplies or equipment>;
   2-25                    (C)  owns, controls, or has, directly or
    3-1  indirectly, more than a 10 percent interest in a business entity or
    3-2  other organization that is regulated by the Board or receives funds
    3-3  from the Board; <provides health-care services or that sells,
    3-4  manufactures, or distributes health-care supplies or equipment; or>
    3-5                    (D)  uses or receives a substantial amount of
    3-6  tangible goods, services, or funds from the Board, other than
    3-7  compensation or reimbursement authorized by law for Board
    3-8  membership, attendance, or expenses; or
    3-9                    (E)  is employed by an individual serving as a
   3-10  member of the Board.
   3-11        (b)  Appointments to the Board shall be made without regard
   3-12  to the race, color, disability <creed>, sex, religion, age, or
   3-13  national origin of the appointees.  In making appointments under
   3-14  this section, the Governor shall attempt to appoint members of
   3-15  different minority groups including females, African-Americans,
   3-16  Hispanic-Americans, Native Americans, and Asian-Americans.
   3-17        (c)  All members of the Board shall have full and identical
   3-18  privileges, except that only dentist members may participate in
   3-19  passing or failing applicants for a license to practice dentistry
   3-20  during the clinical portion of the Board examinations for dentists.
   3-21        Sec. 2.  The term of office of each member of said Board
   3-22  shall be limited to one six-year term or until their successors
   3-23  shall be appointed and qualify.  Board terms are limited to one
   3-24  six-year term <except that this restriction shall not prohibit
   3-25  those Board members holding office on May 1, 1981, from being
    4-1  reappointed to one additional six-year term>.  The terms shall be
    4-2  staggered with the terms of one-third of the members expiring every
    4-3  two years.  The members of said Board shall be appointed by the
    4-4  Governor of the State.  Before entering upon the duties of his
    4-5  office each member of the Board shall take the constitutional oath
    4-6  of office, same to be filed with the Secretary of State.  At its
    4-7  first meeting the Board shall organize by electing one member
    4-8  President and one Secretary chosen to serve one year.  The
    4-9  President of the Board must be a dentist.  Said Board shall hold
   4-10  regular meetings at least twice a year at such times and places as
   4-11  the Board shall deem most convenient for applicants for
   4-12  examination.  Due notice of such meetings shall be given by
   4-13  publication in such papers as may be selected by the Board.  The
   4-14  Board may prescribe rules and regulations, in harmony with the
   4-15  provision of this title governing its own proceedings and the
   4-16  examinations of applicants for the practice of dentistry.  The
   4-17  Board is subject to the open meetings law, Chapter 551, Government
   4-18  Code <271, Acts of the 60th Legislature, Regular Session, 1967, as
   4-19  amended (Article 6252-17, Vernon's Texas Civil Statutes)>, and
   4-20  Chapter 2001, Government Code (<the> Administrative Procedure <and
   4-21  Texas Register> Act<, as amended (Article 6252-13a, Vernon's Texas
   4-22  Civil Statutes>).
   4-23        Sec. 3.  (a)  An officer, employee, or paid consultant of a
   4-24  Texas trade association in the field of health care may not be a
   4-25  member or employee of the Board who is exempt from the state's
    5-1  position classification plan or is compensated at or above the
    5-2  amount prescribed by the General Appropriations Act for step 1,
    5-3  salary group 17, of the position classification salary schedule.
    5-4        (b)  A person who is the spouse of an officer, manager, or
    5-5  paid consultant of a Texas trade association in the field of health
    5-6  care may not be a Board member and may not be a Board employee who
    5-7  is exempt from the state's position classification plan or is
    5-8  compensated at or above the amount prescribed by the General
    5-9  Appropriations Act for step 1, salary group 17, of the position
   5-10  classification salary schedule.
   5-11        (c)  A person may not serve as a member of the Board or act
   5-12  as general counsel to the Board if the person is required to
   5-13  register as a lobbyist under Chapter 305, Government Code, because
   5-14  of the person's activities for compensation on behalf of a
   5-15  profession related to the operation of the Board.
   5-16        (d)  For purposes of this section, a Texas trade association
   5-17  is a nonprofit, cooperative, and voluntarily joined association of
   5-18  business or professional competitors in this state designed to
   5-19  assist its members and its industry or profession in dealing with
   5-20  mutual business or professional problems and in promoting their
   5-21  common interest.  <A member or employee of the Board may not be an
   5-22  officer, employee, or paid consultant of a trade association in the
   5-23  dental industry.  A member or employee of the Board may not be
   5-24  related within the second degree by affinity or within the second
   5-25  degree by consanguinity, as determined under Article 5996h, Revised
    6-1  Statutes, to a person who is an officer, employee, or paid
    6-2  consultant of a trade association in the regulated industry.  A
    6-3  person who is required to register as a lobbyist under Chapter 305,
    6-4  Government Code, by virtue of the person's activities on behalf of
    6-5  a trade or professional association in the profession regulated by
    6-6  the Board, may not serve as a member of the Board or act as the
    6-7  general counsel to the Board.>
    6-8        Sec. 4.  (a)  It is a ground for removal from the Board if a
    6-9  member:
   6-10              (1)  does not have at the time of appointment the
   6-11  qualifications required by Section 1 of this article for
   6-12  appointment to the Board;
   6-13              (2)  does not maintain during the service on the Board
   6-14  the qualifications required by Section 1 of this article for
   6-15  appointment to the Board;
   6-16              (3)  violates a prohibition established by Section 3 of
   6-17  this article; <or>
   6-18              (4)  fails to attend at least one-half of the regularly
   6-19  scheduled meetings that the member is eligible to attend during a
   6-20  calendar <held each> year; or
   6-21              (5)  cannot discharge the member's duties for a
   6-22  substantial part of the term for which the member is appointed
   6-23  because of illness or disability.
   6-24        (b)  The validity of an action of the Board is not affected
   6-25  by the fact that it was taken when a ground for removal of a member
    7-1  of the Board existed.
    7-2        (c)  If the Executive Director or any member of the Board has
    7-3  knowledge that a potential ground for removal exists, the Executive
    7-4  Director or member of the Board shall notify the Board of the
    7-5  ground.  The Board shall then notify the Governor that a potential
    7-6  ground for removal exists <informed in writing of a violation that
    7-7  constitutes a ground under Subsection (a) of this section for the
    7-8  removal of a member of the Board, the Board shall include on the
    7-9  agenda of its next regularly scheduled meeting a review of the
   7-10  alleged violation.  After review, the Board shall report its
   7-11  findings to the Governor for appropriate action consistent with
   7-12  Article XV, Section 9, of the Texas Constitution>.
   7-13        Sec. 5.  (a)  Each Board member shall comply with the Board
   7-14  member training requirements established by any other state agency
   7-15  that is given authority to establish the requirements for the
   7-16  Board.
   7-17        (b)  The Board shall provide to its members and employees, as
   7-18  often as necessary, information regarding their qualifications for
   7-19  office or employment under this article and their responsibilities
   7-20  under applicable laws relating to standards of conduct for state
   7-21  officers or employees.
   7-22        Sec. 6.  (a)  The Board shall establish a training program
   7-23  for the members of the Board.
   7-24        (b)  Before a member of the Board may assume the member's
   7-25  duties and before the member may be confirmed by the senate, the
    8-1  member must complete at least one course of the training program
    8-2  established under this section.
    8-3        (c)  A training program established under this section shall
    8-4  provide information to a participant regarding:
    8-5              (1)  the enabling legislation that created the Board;
    8-6              (2)  the programs operated by the Board;
    8-7              (3)  the role and functions of the Board;
    8-8              (4)  the rules of the Board with an emphasis on the
    8-9  rules that relate to disciplinary and investigatory authority;
   8-10              (5)  the current budget for the Board;
   8-11              (6)  the results of the most recent formal audit of the
   8-12  Board;
   8-13              (7)  the requirements of:
   8-14                    (A)  the open meetings law, Chapter 551,
   8-15  Government Code;
   8-16                    (B)  the open records law, Chapter 552,
   8-17  Government Code; and
   8-18                    (C)  Chapter 2001, Government Code
   8-19  (Administrative Procedure Act);
   8-20              (8)  the requirements of the conflict of interest laws
   8-21  and other laws relating to public officials; and
   8-22              (9)  any applicable ethics policies adopted by the
   8-23  Board or the Texas Ethics Commission.
   8-24        (d)  In developing the training requirements provided for in
   8-25  this section, the Board shall consult with the governor's office
    9-1  and the Texas Ethics Commission.
    9-2        (e)  In the event that another state agency or entity is
    9-3  given the authority to establish the training requirements, the
    9-4  Board shall allow that training in lieu of developing its own
    9-5  program.
    9-6        SECTION 2.  Article 4543b, Revised Statutes, is amended to
    9-7  read as follows:
    9-8        Art. 4543b.  SUNSET PROVISION.  The State Board of Dental
    9-9  Examiners is subject to Chapter 325, Government Code (Texas Sunset
   9-10  Act).  Unless continued in existence as provided by that chapter,
   9-11  the board is abolished September 1, 2005 <1993>.
   9-12        SECTION 3.  Sections 1 and 5, Article 4544, Revised Statutes,
   9-13  are amended to read as follows:
   9-14        Sec. 1.  (a)  It shall be the duty of the Board to provide
   9-15  for the examination of <examine> all applicants for license to
   9-16  practice dentistry in this State.  Each person applying for an
   9-17  examination shall pay to said Board a fee set by the Board and
   9-18  shall be granted a license to practice dentistry in this State upon
   9-19  his satisfactorily passing an examination provided for <given> by
   9-20  said Board on subjects and operations pertaining to dentistry which
   9-21  shall include Anatomy, Physiology, Anaesthesia, Biochemistry,
   9-22  Dental Materials, Diagnosis, Treatment Planning, Ethics,
   9-23  Jurisprudence, Hygiene, Pharmacology, Operative Dentistry, Oral
   9-24  Surgery, Orthodontia, Periodontia, Prosthetic Dentistry, Pathology,
   9-25  Microbiology, and such other subjects as are regularly taught in
   10-1  reputable Dental Schools as the Board may in its discretion
   10-2  require.  The examination shall be given either orally or in
   10-3  writing, or by giving a practical demonstration of the applicant's
   10-4  skill, or by any combination of such methods or subjects as the
   10-5  Board may in its discretion require.  The Board shall contract with
   10-6  an independent or regional testing service for any required
   10-7  clinical examination.  In the event that the Board uses a regional
   10-8  testing service, the Board is authorized to contract for or
   10-9  otherwise use the services of licensed dentists in this state for
  10-10  the purpose of providing assistance to the regional testing
  10-11  service.  The Board shall have the written portion of the
  10-12  examination validated by an independent testing professional.
  10-13        (b)  The Board by rule shall set the number of and conditions
  10-14  for examination retakes.  The Board may require an applicant who
  10-15  fails the examination to meet additional education requirements set
  10-16  by the Board.
  10-17        Sec. 5.  (a)  The Board shall develop a mandatory continuing
  10-18  education program.
  10-19        (b)  The Board by rule shall:
  10-20              (1)  require a licensee to complete at least 36 hours
  10-21  of continuing education in each three-year period to maintain
  10-22  licensure;
  10-23              (2)  identify the key factors that lead to the
  10-24  competent performance of professional duties under this Act;
  10-25              (3)  develop a process to evaluate and approve
   11-1  continuing education courses; and
   11-2              (4)  develop a process to assess a licensee's
   11-3  participation and performance in continuing education courses that
   11-4  will enable the Board to evaluate the overall effectiveness of the
   11-5  program.
   11-6        (c)  The Board is authorized to assess the continuing
   11-7  education needs of licensees and may require licensees to attend
   11-8  continuing education courses specified by the Board <may recognize,
   11-9  prepare, or carry out continuing education programs for persons it
  11-10  licenses or certifies.  Participation in the programs is
  11-11  voluntary>.
  11-12        SECTION 4.  Article 4545a, Revised Statutes, is amended to
  11-13  read as follows:
  11-14        Art. 4545a.  LICENSING BY CREDENTIALS; LICENSING OF
  11-15  FOREIGN-TRAINED DENTISTS <RECIPROCAL ARRANGEMENTS>
  11-16        Sec. 1.  (a)  The State Board of Dental Examiners <may, in
  11-17  the discretion of the Board in each instance>, upon payment by the
  11-18  applicant <for registration> of a fee set by the Board, shall grant
  11-19  a license to practice dentistry or dental hygiene to any reputable
  11-20  dentist or dental hygienist who:
  11-21              (1)  is licensed in good standing as a dentist or
  11-22  dental hygienist in another state, the District of Columbia, or a
  11-23  territory of the United States that has licensing requirements that
  11-24  are substantially equivalent to the requirements of this Act;
  11-25              (2)  has not been the subject of final or pending
   12-1  disciplinary action in any jurisdiction in which the dentist or
   12-2  dental hygienist is or has been licensed;
   12-3              (3)  has graduated from a dental or dental hygiene
   12-4  school accredited by the Commission on Dental Accreditation of the
   12-5  American Dental Association;
   12-6              (4)  has passed a national or other examination
   12-7  recognized by the Board relating to dentistry or dental hygiene;
   12-8              (5)  has successfully completed the Board's
   12-9  jurisprudence examination;
  12-10              (6)  has submitted documentation of current
  12-11  cardiopulmonary resuscitation certification; and
  12-12              (7)  has practiced dentistry or dental hygiene:
  12-13                    (A)  for a minimum of five years immediately
  12-14  prior to applying;
  12-15                    (B)  as a dental educator for a minimum of five
  12-16  years; or
  12-17                    (C)  for two years of obligated service in the
  12-18  state under the National Health Service Corps or other federal
  12-19  scholarship or loan repayment program.
  12-20        (b)  In addition to the qualifications of Subsection (a) of
  12-21  this article, a dentist applicant must be endorsed by the board of
  12-22  dentistry of the jurisdiction of current practice.
  12-23        (c)  The Board must complete the processing of an application
  12-24  for a license not later than the 180th day after all documentation
  12-25  and examination results required by this section have been received
   13-1  by the Board or grant a license to the applicant.
   13-2        Sec. 2.  (a)  The Board, upon payment by the applicant of a
   13-3  fee set by the Board, shall grant a license to a dentist or dental
   13-4  hygienist who has not graduated from a dental or dental hygiene
   13-5  school accredited by the Commission on Dental Accreditation of the
   13-6  American Dental Association if:
   13-7              (1)  the dentist or dental hygienist has practiced for
   13-8  a minimum of five years immediately prior to applying;
   13-9              (2)  the dentist or dental hygienist has not been the
  13-10  subject of final or pending disciplinary action in any jurisdiction
  13-11  in which the dentist or dental hygienist is or has been licensed;
  13-12              (3)  the Board, through a procedure adopted by rule,
  13-13  has determined that the educational qualifications are equivalent
  13-14  to those required to practice dentistry or dental hygiene in the
  13-15  state; and
  13-16              (4)  the dentist or dental hygienist has completed all
  13-17  examinations required by the Board for licensure.
  13-18        (b)  The Board must complete the processing of an application
  13-19  for a license not later than the 180th day after all documentation,
  13-20  the determination of educational equivalency, and examination
  13-21  results required by this section have been received by the Board or
  13-22  grant a license to the applicant <is a graduate of a reputable
  13-23  dental college or has qualified on examination for the certificate
  13-24  of dental qualification for a commission as a dentist in the Armed
  13-25  Forces of the United States and to licentiates of other States or
   14-1  territories having requirements for dental registration and
   14-2  practice equal to those established by this law.  Applications for
   14-3  license under the provisions of this Article shall be in writing
   14-4  and upon a form to be prescribed by the State Board of Dental
   14-5  Examiners.  Said application shall be accompanied by a diploma or a
   14-6  photograph thereof, awarded to the applicant by a reputable dental
   14-7  college, or a certified transcript of the certificate or license or
   14-8  commission issued to the applicant by the Armed Forces of the
   14-9  United States, or by a license or a certified copy of license to
  14-10  practice dentistry, lawfully issued to the applicant by some other
  14-11  State or territory; and shall also be accompanied by an affidavit
  14-12  from an executive officer of the Armed Forces of the United States,
  14-13  the President or Secretary of the Board of Dental Examiners who
  14-14  issued the said license, or by a legally constituted dental
  14-15  registration officer of the State or territory in which the
  14-16  certificate or license was granted upon which the applications for
  14-17  dental registration in Texas is based.  Said affidavit shall recite
  14-18  that the accompanying certificate or license has not been cancelled
  14-19  or revoked except by honorable discharge by the Armed Forces of the
  14-20  United States, and that the statement of qualifications made in the
  14-21  application for dental registration in Texas is true and correct.
  14-22  Applicants for license under the provisions of this Article shall
  14-23  subscribe to an oath in writing which shall be a part of said
  14-24  application, stating that the license, certificate, or authority
  14-25  under which the applicant practiced dentistry in the State or
   15-1  territory from which the applicant removed, was at the time of such
   15-2  removal in full force and not suspended or cancelled; that the
   15-3  applicant is the identical person to whom the said certificate,
   15-4  license, or commission and the said dental diploma were issued, and
   15-5  that no proceeding was pending at the time of such removal, or is
   15-6  at the present time pending against the applicant for the
   15-7  cancellation of such certificate, license or authority to practice
   15-8  dentistry in the State or territory in which the same was issued,
   15-9  and that no prosecution was then, or is at the time of the
  15-10  application, pending against the applicant in any State or Federal
  15-11  Court for any offense which under the law of Texas is a felony>.
  15-12        SECTION 5.  Subsection (a), Section 1, Article 4548f, Revised
  15-13  Statutes, is amended to read as follows:
  15-14        (a)  It shall be unlawful for any person, firm, or
  15-15  corporation to engage in false, misleading, or deceptive
  15-16  advertising arising out of or in connection with the practice of
  15-17  dentistry.  The Board may not adopt rules restricting competitive
  15-18  bidding or advertising by a person regulated by the Board except to
  15-19  prohibit false, misleading, or deceptive practices by the person.
  15-20  The Board may not include in its rules to prohibit false,
  15-21  misleading, or deceptive practices by a person regulated by the
  15-22  Board a rule that:
  15-23              (1)  restricts the use of any medium for advertising;
  15-24              (2)  restricts the person's personal appearance or use
  15-25  of the person's voice in an advertisement;
   16-1              (3)  relates to the size or duration of an
   16-2  advertisement by the person; or 
   16-3              (4)  restricts the person's advertisement under a trade
   16-4  name, except a rule may require that an advertisement under a trade
   16-5  name include the name or names of the dental owner or owners of the
   16-6  practice.  <Provided, however, nothing herein shall be construed to
   16-7  restrict or prohibit:>
   16-8              <(1)  the type of advertising medium;>
   16-9              <(2)  the size or duration of any advertisement;>
  16-10              <(3)  the truthful advertising of prices for any type
  16-11  of dental services;>
  16-12              <(4)  the use of agents or employees in advertising;>
  16-13              <(5)  a person's personal appearance or use of his
  16-14  personal voice in an advertisement.>
  16-15        SECTION 6.  Article 4548h, Revised Statutes, is amended to
  16-16  read as follows:
  16-17        Art. 4548h.  COMPLAINTS; REFUSING, REVOKING, CANCELLING, AND
  16-18  SUSPENDING LICENSES
  16-19        Sec. 1.  (a)  <AUTHORITY TO GRANT LICENSE.>  The State Board
  16-20  of Dental Examiners shall keep an information file about each
  16-21  complaint filed with the Board.  The Board's information file shall
  16-22  be kept current and contain a record for each complaint of:
  16-23              (1)  all persons contacted in relation to the
  16-24  complaint;
  16-25              (2)  a summary of findings made at each step of the
   17-1  complaint process;
   17-2              (3)  an explanation of the legal basis and reason for a
   17-3  complaint that is dismissed; and
   17-4              (4)  other relevant information.
   17-5        (b)  If a written complaint is filed with the Board that the
   17-6  Board has authority to resolve, the Board, at least as frequently
   17-7  as quarterly and until final disposition of the complaint, shall
   17-8  notify the parties to the complaint of the status of the complaint
   17-9  unless the notice would jeopardize an undercover investigation.
  17-10        (c)  The Board by rule shall adopt a form to standardize
  17-11  information concerning complaints made to the Board.  The Board by
  17-12  rule shall prescribe information to be provided to a person when
  17-13  the person files a complaint with the Board.
  17-14        (d)  The Board shall provide reasonable assistance to a
  17-15  person who wishes to file a complaint with the Board.
  17-16        (e)  The Board shall adopt rules concerning the investigation
  17-17  of a complaint filed with the Board.  The rules adopted under this
  17-18  subsection shall:
  17-19              (1)  distinguish between categories of complaints;
  17-20              (2)  ensure that complaints are not dismissed without
  17-21  appropriate consideration;
  17-22              (3)  require that the Board be advised of a complaint
  17-23  that is dismissed and that a letter be sent to the person who filed
  17-24  the complaint explaining the action taken on the dismissed
  17-25  complaint;
   18-1              (4)  ensure that the person who filed the complaint has
   18-2  an opportunity to explain the allegations made in the complaint;
   18-3  and
   18-4              (5)  require that all investigators used by the Board
   18-5  be state employees.
   18-6        (f)  The Board shall dispose of all complaints in a timely
   18-7  manner.  The Board shall establish a schedule for conducting each
   18-8  phase of a complaint that is under the control of the Board.  The
   18-9  schedule shall be kept in the information file for the complaint.
  18-10  A change in the schedule must be noted in the complaint information
  18-11  file.
  18-12        (g)  The Executive Director of the Board shall notify the
  18-13  Board of the number of complaints that extend beyond a two-year
  18-14  time frame for resolution.  The Executive Director shall provide
  18-15  the Board with an explanation of the reasons that the complaints
  18-16  have not been resolved.  The notice and explanation required shall
  18-17  be provided to the Board periodically at regularly scheduled Board
  18-18  meetings.
  18-19        (h)  The Board by rule shall adopt procedures governing:
  18-20              (1)  informal disposition of a contested case under
  18-21  Section 2001.056, Government Code; and
  18-22              (2)  informal proceedings held in compliance with
  18-23  Section 2001.054(c), Government Code.
  18-24        (i)  Rules adopted under this section must provide the
  18-25  complainant, where applicable and permitted by law, an opportunity
   19-1  to be heard, must provide the licensee an opportunity to be heard,
   19-2  and must require the presence of an attorney to advise the Board or
   19-3  the Board's employees.  The attorney must be a member of the
   19-4  Board's legal staff, if the Board has a legal staff.  If the Board
   19-5  does not have a legal staff, the attorney must be an employee of
   19-6  the office of the attorney general.
   19-7        (j)  The Board by rule shall develop a system for monitoring
   19-8  license holders' compliance with the requirements of this Act.
   19-9  Rules adopted under this section shall include procedures for
  19-10  monitoring a license holder who is ordered by the Board to perform
  19-11  certain acts to ascertain that the license holder performs the
  19-12  required acts and to identify and monitor license holders who
  19-13  represent a risk to the public <be and they are hereby authorized
  19-14  to refuse to grant a license to practice dentistry to any person or
  19-15  persons who have been guilty, in the opinion of said Board, of
  19-16  violating any of the provisions of the Statutes of the State of
  19-17  Texas relating to the practice of dentistry, or any provisions of
  19-18  Chapter 9, Title 71, Revised Civil Statutes of Texas, 1925, as
  19-19  amended, within twelve (12) months prior to the filing of an
  19-20  application for such license>.
  19-21        Sec. 2.  <REVOCATION, CANCELLATION, OR SUSPENSION OF
  19-22  LICENSE.>  (a)  The <State> Board <of Dental Examiners> shall
  19-23  revoke, cancel, or suspend any license or licenses that may have
  19-24  been issued by such Board, place on probation a person whose
  19-25  license has been suspended, or reprimand a licensee if in the
   20-1  opinion of a majority of such Board<,> any person or persons to
   20-2  whom a license has been issued by said Board to practice dentistry
   20-3  or dental hygiene in this State<,> shall have, after the issuance
   20-4  of such license, violated any of the provisions of the Statutes of
   20-5  the State of Texas relating to the practice of dentistry or dental
   20-6  hygiene in this State, or any of the provisions of Chapter 9, Title
   20-7  71, Revised <Civil> Statutes <of Texas, 1925, as amended>, or any
   20-8  amendments that may hereafter be made thereto, or a rule of the
   20-9  Board.  All revocations, cancellations, or suspensions of licenses
  20-10  by the <Texas State> Board <of Dental Examiners> shall be made in
  20-11  the manner provided by Chapter 2001, Government Code (<the>
  20-12  Administrative Procedure <and Texas Register> Act <(Article
  20-13  6252-13a, Vernon's Texas Civil Statutes>).
  20-14        (b)  All complaints to be considered by the Board under this
  20-15  article shall be made in writing and<, subscribed and sworn to by
  20-16  the person presenting such complaint, which complaint> shall set
  20-17  out the alleged violations of such Statutes or rules <and declaring
  20-18  it to be the opinion of the person presenting such complaint that
  20-19  the person or persons so accused have so violated said Statutes>.
  20-20        (c)  All complaints under this article as received shall be
  20-21  filed with the Secretary of the Board or an authorized employee of
  20-22  the Board.  All complaints filed with the Board shall be reviewed
  20-23  to determine jurisdiction, and if jurisdiction exists <When a
  20-24  complaint is made by a member of the Board, its agents or
  20-25  employees>, the Secretary of the Board or designee <shall cause
   21-1  such complaint to be docketed on its records in the name of the
   21-2  Texas State Board of Dental Examiners versus the person against
   21-3  whom such complaint has been made, and shall mail a copy of such
   21-4  docketed complaint by registered mail to the accused person under
   21-5  the jurisdiction of the Texas State Board of Dental Examiners
   21-6  charged with having violated such Statutes.  When a complaint is
   21-7  made by others than the members of the Board, its agents or
   21-8  employees, the Board or its duly authorized representative> shall
   21-9  cause an investigation of such complaint to be made to determine
  21-10  the facts in such case.  If<, and if> the facts as determined by
  21-11  such investigation<, in the discretion of the Secretary of the
  21-12  Board,> justify further action, the disposition of the complaint
  21-13  shall comply with this article <the docketing of such complaint for
  21-14  hearing before the Board, then the Secretary of the Board shall
  21-15  cause such complaint to be docketed on its records in the name of
  21-16  the Texas State Board of Dental Examiners versus the person against
  21-17  whom such complaint has been made, and shall mail a copy of such
  21-18  docketed complaint by registered mail to the accused person under
  21-19  the jurisdiction of the Texas State Board of Dental Examiners
  21-20  charged with having violated such Statutes>.
  21-21        (d)  If a licensee suspension is probated, the Board may
  21-22  require the practitioner:
  21-23              (1)  to report regularly to the Board on matters that
  21-24  are the basis of the probation;
  21-25              (2)  to limit practice to the areas prescribed by the
   22-1  Board; or
   22-2              (3)  to continue or review professional education until
   22-3  the practitioner attains a degree of skill satisfactory to the
   22-4  Board in those areas that are the basis of the probation.
   22-5        (e)  If the Board or an executive committee of the Board
   22-6  determines from the evidence or information presented to it that a
   22-7  person licensed under this Act by continuation in practice would
   22-8  constitute a clear, imminent, or continuing threat to a person's
   22-9  physical health or well-being, the Board or the executive committee
  22-10  of the Board shall temporarily suspend the license of that person.
  22-11  The license may be suspended under this section without notice or
  22-12  hearing on the complaint, provided the Board or the executive
  22-13  committee of the Board simultaneously with the temporary suspension
  22-14  requests the State Office of Administrative Hearings to set a date
  22-15  for a hearing on the temporary suspension.  A hearing shall be held
  22-16  not later than fourteen (14) days after the date of the suspension
  22-17  unless a continuance is requested by the licensee.  A second
  22-18  hearing on the suspension shall be held by the State Office of
  22-19  Administrative Hearings within sixty (60) days after the date the
  22-20  suspension was ordered or after the date specified in the
  22-21  continuance requested by the licensee.  The time requirements in
  22-22  this subsection must be adhered to or the suspension is lifted
  22-23  without further order or action.
  22-24        (f)  All complaints considered by the Board must be filed
  22-25  with the Board within four (4) years after the date on which the
   23-1  act occurred or within four (4) years after a complainant
   23-2  discovered, or in the exercise of reasonable diligence should have
   23-3  discovered, the occurrence of the act.
   23-4        Sec. 3.  <APPEAL TO COURT.>  (a)  A person aggrieved by a
   23-5  ruling, order, or decision of the Board under this article has the
   23-6  right to appeal to a district court in the county of his residence
   23-7  or in the county where the alleged offense occurred within thirty
   23-8  (30) days from the service of notice of the action of the <State>
   23-9  Board <of Dental Examiners>.
  23-10        (b)  The appeal having been properly filed, the court may
  23-11  request of the Board and the Board on receiving the request shall
  23-12  within thirty (30) days prepare and transmit to the court a
  23-13  certified copy of its entire record in the matter in which the
  23-14  appeal has been taken.  The appeal shall be tried in accordance
  23-15  with the Texas Rules of Civil Procedure.
  23-16        (c)  <In the event an appeal is taken by a licensee, the
  23-17  appeal shall act as a supersedeas providing the appealing party
  23-18  files a bond as the court may direct, and the court shall dispose
  23-19  of the appeal and enter its decision promptly.>
  23-20        <(d)>  If an aggrieved person fails to perfect an appeal as
  23-21  provided in this section, the Board's ruling shall become final.
  23-22        (d) <(e)>  Review by the court shall be by the substantial
  23-23  evidence rule and not de novo.
  23-24        (e)  The court may, in its discretion, permit a person who
  23-25  files an appeal under this section to stay enforcement of penalty
   24-1  or punishment by giving to the court a supersedeas bond that is
   24-2  approved by the court, unless there is a finding of clear,
   24-3  imminent, or continuing harm to a person's physical health or
   24-4  well-being by the State Office of Administrative Hearings in a
   24-5  hearing held under Section 2(e) of this article.  If the court
   24-6  sustains the occurrence of the violation, the court may uphold the
   24-7  amount of penalty or punishment assessed or may reduce the amount
   24-8  of penalty or punishment assessed.  If the court does not sustain
   24-9  the occurrence of the violation, the court shall order that no
  24-10  penalty or punishment is assessed.
  24-11        Sec. 4.  <ADDITIONAL OFFICES.>  No statute relating to the
  24-12  practice of dentistry in this State shall be construed to prohibit
  24-13  any duly authorized, licensed, and registered dentist from
  24-14  maintaining any number of offices in this State, provided said
  24-15  dentist assumes full legal responsibility and liability for the
  24-16  dental services rendered in such offices and further provided that
  24-17  the dentist complies with such requirements as may be prescribed by
  24-18  the Board in its Rules <and Regulations> for the purpose of
  24-19  protecting the health and safety of the patients receiving dental
  24-20  care at such offices.
  24-21        SECTION 7.  Article 4548i, Revised Statutes, is amended to
  24-22  read as follows:
  24-23        Art. 4548i.  Punishment.  (a)  Any person who shall violate
  24-24  any provision of Chapter 9 <Nine>, Title 71, Revised Statutes,
  24-25  commits an offense.  An offense under this article <section> is a
   25-1  Class A misdemeanor.  If it is shown at a trial of an offense under
   25-2  this article <section> that the defendant was previously convicted
   25-3  under this article <section> of any misdemeanor or if the offense
   25-4  involves practicing without an appropriate license issued by the
   25-5  Board, the offense is a felony of the third degree.  Each day of
   25-6  such violation shall be a separate offense.
   25-7        (b)  Any person who shall violate a provision of Chapter 9,
   25-8  Title 71, Revised Statutes, is liable to the state for a civil
   25-9  penalty in an amount not to exceed $2,500.  Each day a violation
  25-10  continues or occurs is a separate violation for the purpose of
  25-11  imposing a penalty.  On request of the Board, the attorney general
  25-12  or the county attorney or district attorney of the county in which
  25-13  the violation is alleged to have occurred shall file suit to
  25-14  collect the penalty.  A civil penalty collected under this
  25-15  subsection shall be deposited in the state treasury to the credit
  25-16  of the general revenue fund.
  25-17        SECTION 8.  Chapter 9, Title 71, Revised Statutes, is amended
  25-18  by adding Article 4548j to read as follows:
  25-19        Art. 4548j.  ADMINISTRATIVE PENALTY.  (a)  The Board may
  25-20  impose an administrative penalty against a person licensed or
  25-21  regulated under this Act who violates this Act or a rule or order
  25-22  adopted under this Act.
  25-23        (b)  The penalty for a violation may be in an amount not to
  25-24  exceed $5,000.  Each day a violation continues or occurs is a
  25-25  separate violation for purposes of imposing a penalty.
   26-1        (c)  The Executive Director of the Board or a subcommittee of
   26-2  the Board shall determine the amount of the penalty based on a
   26-3  standardized penalty schedule.  Any subcommittee of the Board shall
   26-4  consist of at least one public member of the Board.  The penalty
   26-5  schedule shall be developed by the Board through rule and shall be
   26-6  based on the following criteria:
   26-7              (1)  the seriousness of the violation, including but
   26-8  not limited to the nature, circumstances, extent, and gravity of
   26-9  the prohibited acts, and the hazard or potential hazard created to
  26-10  the health, safety, or welfare of the public;
  26-11              (2)  the economic damage to property or the environment
  26-12  caused by the violation;
  26-13              (3)  the history of previous violations;
  26-14              (4)  the amount necessary to deter future violations;
  26-15              (5)  efforts to correct the violation; and
  26-16              (6)  any other matter that justice may require.
  26-17        (d)  An Executive Director or a subcommittee of the Board who
  26-18  determines that a violation has occurred may issue to the Board a
  26-19  report that states the facts on which the determination is based
  26-20  and the director's or the subcommittee's recommendation on the
  26-21  imposition of a penalty, including a recommendation on the amount
  26-22  of the penalty.
  26-23        (e)  Within 14 days after the date the report is approved by
  26-24  the Board, the Executive Director shall give written notice of the
  26-25  report to the person.  The notice may be given by certified mail.
   27-1  The notice must include a notice of all the alleged violations and
   27-2  a statement of the amount of the recommended penalty and must
   27-3  inform the person that the person has a right to a hearing on the
   27-4  occurrence of the violation, the amount of the penalty, or both the
   27-5  occurrence of the violation and the amount of the penalty.
   27-6        (f)  Within 20 days after the date the person receives the
   27-7  notice, the person in writing may accept the determination and
   27-8  recommended penalty of the Executive Director or subcommittee or
   27-9  may make a written request for a hearing on the occurrence of the
  27-10  violation, the amount of the penalty, or both the occurrence of the
  27-11  violation and the amount of the penalty.
  27-12        (g)  If the person accepts the determination and recommended
  27-13  penalty of the Executive Director or subcommittee, the Board by
  27-14  order shall approve the determination and impose the recommended
  27-15  penalty.
  27-16        (h)  If the person requests a hearing or fails to respond
  27-17  timely to the notice, the Executive Director shall set a hearing
  27-18  and give notice of the hearing to the person.  The hearing shall be
  27-19  held by an administrative law judge of the State Office of
  27-20  Administrative Hearings.  The administrative law judge shall make
  27-21  findings of fact and conclusions of law and promptly issue to the
  27-22  Board a proposal for a decision about the occurrence of the
  27-23  violation and the amount of a proposed penalty.  Based on the
  27-24  findings of fact, conclusions of law, and proposal for a decision,
  27-25  the Board by order may find that a violation has occurred and
   28-1  impose a penalty or may find that no violation occurred.
   28-2        (i)  The notice of the Board's order given to the person
   28-3  under Chapter 2001, Government Code (Administrative Procedure Act),
   28-4  must include a statement of the right of the person to judicial
   28-5  review of the order.
   28-6        (j)  Within 30 days after the date the Board's order is final
   28-7  as provided by Section 2001.144, Government Code, the person shall:
   28-8              (1)  pay the amount of the penalty;
   28-9              (2)  pay the amount of the penalty and file a petition
  28-10  for judicial review contesting the occurrence of the violation, the
  28-11  amount of the penalty, or both the occurrence of the violation and
  28-12  the amount of the penalty; or
  28-13              (3)  without paying the amount of the penalty, file a
  28-14  petition for judicial review contesting the occurrence of the
  28-15  violation, the amount of the penalty, or both the occurrence of the
  28-16  violation and the amount of the penalty.
  28-17        (k)  Within the 30-day period, a person who acts under
  28-18  Subsection (j)(3) of this article may:
  28-19              (1)  stay enforcement of the penalty by:
  28-20                    (A)  paying the amount of the penalty to the
  28-21  court for placement in an escrow account; or
  28-22                    (B)  giving to the court a supersedeas bond that
  28-23  is approved by the court for the amount of the penalty and that is
  28-24  effective until all judicial review of the Board's order is final;
  28-25  or
   29-1              (2)  request the court to stay enforcement of the
   29-2  penalty by:
   29-3                    (A)  filing with the court a sworn affidavit of
   29-4  the person stating that the person is financially unable to pay the
   29-5  amount of the penalty and is financially unable to give the
   29-6  supersedeas bond; and
   29-7                    (B)  sending a copy of the affidavit to the
   29-8  Executive Director by certified mail.
   29-9        (l)  An Executive Director who receives a copy of an
  29-10  affidavit under Subsection (k)(2) of this article may file with the
  29-11  court, within five days after the date the copy is received, a
  29-12  contest to the affidavit.  The court shall hold a hearing on the
  29-13  facts alleged in the affidavit as soon as practicable and shall
  29-14  stay the enforcement of the penalty on finding that the alleged
  29-15  facts are true.  The person who files an affidavit has the burden
  29-16  of proving that the person is financially unable to pay the amount
  29-17  of the penalty and to give the supersedeas bond.
  29-18        (m)  If the person does not pay the amount of the penalty and
  29-19  the enforcement of the penalty is not stayed, the Executive
  29-20  Director may refer the matter to the attorney general for
  29-21  collection of the amount of the penalty.
  29-22        (n)  Judicial review of the order of the Board:
  29-23              (1)  is instituted by filing a petition as provided by
  29-24  Section 2001.176, Government Code; and
  29-25              (2)  is under the substantial evidence rule.
   30-1        (o)  If the court sustains the occurrence of the violation,
   30-2  the court may uphold or reduce the amount of the penalty and order
   30-3  the person to pay the full or reduced amount of the penalty.  If
   30-4  the court does not sustain the occurrence of the violation, the
   30-5  court shall order that no penalty is owed.
   30-6        (p)  When the judgment of the court becomes final, the court
   30-7  shall proceed under this subsection.  If the person paid the amount
   30-8  of the penalty and if that amount is reduced or is not upheld by
   30-9  the court, the court shall order that the appropriate amount plus
  30-10  accrued interest be remitted to the person.  The rate of the
  30-11  interest is the rate charged on loans to depository institutions by
  30-12  the New York Federal Reserve Bank, and the interest shall be paid
  30-13  for the period beginning on the date the penalty was paid and
  30-14  ending on the date the penalty is remitted.  If the person gave a
  30-15  supersedeas bond and if the amount of the penalty is reduced, the
  30-16  court shall order the release of the bond after the person pays the
  30-17  amount.
  30-18        (q)  A penalty collected under this article shall be remitted
  30-19  to the comptroller for deposit in the dental registration account
  30-20  in the state treasury.  These funds may only be used to fund an
  30-21  approved peer assistance program.
  30-22        (r)  All proceedings under this article are subject to
  30-23  Chapter 2001, Government Code (Administrative Procedure Act).
  30-24        (s)  Nothing in this article shall be construed as preventing
  30-25  the Board from assessing an administrative penalty using an
   31-1  informal proceeding governed by the requirements in Article 4548h,
   31-2  Revised Statutes.
   31-3        SECTION 9.  Article 4549, Revised Statutes, is amended to
   31-4  read as follows:
   31-5        Art. 4549.  REFUSAL TO EXAMINE OR ISSUE LICENSE; JUDICIAL
   31-6  SUSPENSIONS AND REVOCATIONS <DISCIPLINARY ACTIONS>
   31-7        Sec. 1.  The <Texas> State Board of Dental Examiners shall
   31-8  have authority to refuse to examine any person or refuse to issue a
   31-9  dental license or a dental hygienist license to any person for any
  31-10  one or more of the following causes:
  31-11        (a)  Proof of presentation to the Board of any dishonest or
  31-12  fake evidence of qualification, or being guilty of any illegality,
  31-13  fraud, or deception in the process of examination, or for the
  31-14  purpose of securing a license or certificate.
  31-15        (b)  Proof of chronic or habitual intoxication or addiction
  31-16  to drugs on the part of the applicant.
  31-17        (c)  Proof that the applicant has been guilty of dishonest or
  31-18  illegal practices in or connected with the practice of dentistry or
  31-19  dental hygiene.
  31-20        (d)  Proof of conviction of the applicant of a felony
  31-21  involving moral turpitude under the laws of this State or any other
  31-22  State or of the United States.
  31-23        (e)  Proof that the applicant violated any of the provisions
  31-24  of the statutes of the State of Texas relating to the practice of
  31-25  dentistry or any provisions of Chapter 9, Title 71, Revised
   32-1  Statutes, within 12 months before the filing of an application for
   32-2  the license.
   32-3        Sec. 2.  <The provisions of this Article relating to the
   32-4  suspension or revocation of a license do not apply to a person
   32-5  convicted of a felony under Chapter 481, Health and Safety Code,
   32-6  Section 485.033, Health and Safety Code, or Chapter 483, Health and
   32-7  Safety Code.>
   32-8        <Sec. 3.>  The <Texas> State Board of Dental Examiners <and
   32-9  the District Courts of this State> shall have <concurrent>
  32-10  jurisdiction and authority, after notice and hearing <as
  32-11  hereinafter provided>, to suspend or revoke a dental license or a
  32-12  dental hygienist license, to place on probation a person whose
  32-13  license or certificate is suspended, or to reprimand a licensee or
  32-14  certificate holder, and in addition to or in lieu of said
  32-15  suspension, revocation, probation, or reprimand, to assess an
  32-16  administrative penalty as provided for in Article 4548j, Revised
  32-17  Statutes, <a fine in an amount not to exceed $2,500 payable to the
  32-18  dental registration fund> for any one or more of the following
  32-19  causes:
  32-20        (a)  Proof of insanity of the holder of a license or
  32-21  certificate, as adjudged by the regularly constituted authorities.
  32-22        (b)  Proof of conviction of the holder of a license or
  32-23  certificate of any felony or a misdemeanor involving fraud under
  32-24  the laws of this State or any other State or of the United States.
  32-25        (c)  That the holder thereof has been or is guilty of
   33-1  dishonorable conduct, malpractice, or gross incompetency in the
   33-2  practice of dentistry or dental hygiene.
   33-3        (d)  That the holder thereof has been or is guilty of any
   33-4  deception or misrepresentation for the purpose of soliciting or
   33-5  obtaining patronage.
   33-6        (e)  That the holder thereof procured a license or
   33-7  certificate through fraud or misrepresentation.
   33-8        (f)  That the holder thereof is addicted to habitual
   33-9  intoxication or the use of drugs.
  33-10        (g)  That a dentist employs or permits or has employed or
  33-11  permitted persons to practice dentistry in the office or offices
  33-12  under his control or management, who were not licensed to practice
  33-13  dentistry.
  33-14        (h)  That the holder thereof has failed to use proper
  33-15  diligence in the conduct of his practice or to safeguard his
  33-16  patients against avoidable infections.
  33-17        (i)  That the holder thereof has failed or refused to comply
  33-18  with any State law relating to the regulation of dentists or dental
  33-19  hygienists.
  33-20        (j)  That the holder thereof has failed or refused to comply
  33-21  with the adopted and promulgated rules and regulations of the
  33-22  Board.
  33-23        (k)  That the holder thereof is physically or mentally
  33-24  incapable of practicing with safety to dental patients.
  33-25        (l)  That the holder thereof has been negligent in the
   34-1  performance of dental services which injured or damaged dental
   34-2  patients.
   34-3        (m)  Proof of suspension, revocation, probation, reprimand,
   34-4  or other restriction by another State of a license or certificate
   34-5  to practice dentistry or dental hygiene based upon acts by the
   34-6  licensee or certificate holder enumerated in this section.
   34-7        (n)  That the holder thereof has knowingly provided or agreed
   34-8  to provide dental care in a manner which violates any provision of
   34-9  federal or State law regulating a plan whereby any person
  34-10  undertakes to provide, arrange for, pay for, or reimburse any part
  34-11  of the cost of any dental care services or regulating the business
  34-12  of insurance.
  34-13        Sec. 3 <4>.  (a)  If the Board proposes to refuse to examine
  34-14  a person, <to suspend or revoke a license or certificate, to place
  34-15  on probation a person whose license or certificate has been
  34-16  suspended, or to reprimand a licensee or certificate holder,> the
  34-17  person is entitled to a hearing before the Board.
  34-18        (b)  The hearing under this section and an appeal from the
  34-19  hearing under this section are governed by Chapter 2001, Government
  34-20  Code (<the> Administrative Procedure <and Texas Register> Act<, as
  34-21  amended (Article 6252-13a, Vernon's Texas Civil Statutes>).
  34-22        <Sec. 5.  (a)  All complaints to be considered by the Board
  34-23  shall be made in writing, subscribed and sworn to by the person
  34-24  presenting such complaint, which complaint shall set out the
  34-25  alleged violations of such Statutes or rules and declaring it to be
   35-1  the opinion of the person presenting such complaint that the person
   35-2  or persons so accused have so violated said Statutes or rules.>
   35-3        <(b)  All complaints as received shall be filed with the
   35-4  Secretary of the Board or an authorized employee of the Board.
   35-5  When a complaint is made by a member of the Board, its agents or
   35-6  employees, the Secretary of the Board or its authorized employee
   35-7  shall cause such complaint to be docketed on its records in the
   35-8  name of the Texas State Board of Dental Examiners versus the person
   35-9  against whom such complaint has been made, and shall mail a copy of
  35-10  such docketed complaint by registered or certified mail to the
  35-11  accused person under the jurisdiction of the Texas State Board of
  35-12  Dental Examiners charged with having violated such Statutes or
  35-13  rules.  When a complaint is made by others than the members of the
  35-14  Board, its agents or employees, the Board or its duly authorized
  35-15  representative shall cause an investigation of such complaint to be
  35-16  made to determine the facts in such case, and if the facts as
  35-17  determined by such investigation, in the discretion of the
  35-18  Secretary of the Board or its authorized employee, justify the
  35-19  docketing of such complaint for hearing before the Board, then the
  35-20  Secretary of the Board or its authorized employee shall cause such
  35-21  complaint to be docketed on its records in the name of the Texas
  35-22  State Board of Dental Examiners versus the person against whom such
  35-23  complaint has been made, and shall mail a copy of such docketed
  35-24  complaint by registered or certified mail to the accused person
  35-25  under the jurisdiction of the Texas State Board of Dental Examiners
   36-1  charged with having violated such Statutes or rules.>
   36-2        <(c)  The Board shall keep an information file about each
   36-3  complaint filed with the Board relating to a licensee or
   36-4  certificate holder.  If a written complaint is filed with the Board
   36-5  relating to a licensee or certificate holder, the Board, at least
   36-6  as frequently as quarterly and until final disposition of the
   36-7  complaint, shall notify the parties to the complaint of the status
   36-8  of the complaint unless the notice would jeopardize an undercover
   36-9  investigation.>
  36-10        <(d)  The Board may request a dental peer review or grievance
  36-11  committee to submit information to the Board about the activities
  36-12  of the committee.>
  36-13        <Sec. 6.  If said Board shall make and enter any order
  36-14  revoking or suspending any person's license or certificate, placing
  36-15  a person on probation, or reprimanding a person as hereinabove
  36-16  provided, the person may take an appeal to the District Court of
  36-17  the County of the residence of the person by filing an appropriate
  36-18  petition for such purpose.  Said cause shall be placed on the
  36-19  docket of said Court in the name of the party or parties filing
  36-20  same, as plaintiff, and the Texas State Board of Dental Examiners,
  36-21  as defendants.>
  36-22        <Sec. 7.  Proceedings before the District Courts of this
  36-23  State shall be as follows:>
  36-24        <It shall be the duty of the several District and County
  36-25  Attorneys of this State, on the request of any member of the Texas
   37-1  State Board of Dental Examiners or by complaint presented to any
   37-2  District Court of the State or county in which such alleged offense
   37-3  occurred, to file and prosecute appropriate judicial proceedings in
   37-4  the name of the State against the person or persons alleged to have
   37-5  so violated such Statute.  Such complaint shall be made in writing
   37-6  and filed in the District Court of the State or county in which the
   37-7  alleged offense occurred, and such complaint shall distinctly set
   37-8  forth the charges and grounds thereof and shall be subscribed and
   37-9  sworn to.  When such complaint is made by any County or District
  37-10  Attorney, as herein provided, it shall be subscribed and sworn to
  37-11  by the prosecutor and shall be filed with the Clerk of the Court.
  37-12  The Court, upon the filing of said complaint, shall order the
  37-13  accused dentist to show cause why his license to practice dentistry
  37-14  in this State shall not be suspended or revoked.>
  37-15        <Citation therein shall be issued in the name of the State of
  37-16  Texas and in manner and form as in other cases and the same shall
  37-17  be served upon the defendant at least twenty (20) days before the
  37-18  trial date set therein.  Upon the return of said citation executed,
  37-19  if the defendant shall appear and deny the charge, the cause shall
  37-20  be docketed for trial and conducted in the name of the State of
  37-21  Texas against the defendant.  A jury of twelve (12) persons shall
  37-22  be summoned as in cases during term time of the court when no
  37-23  regular jury is available and as prescribed by law and shall be
  37-24  impanelled unless waived by the defendant, and the cause shall be
  37-25  tried in like manner as in other civil cases.  If the said accused
   38-1  dentist be found guilty or shall fail to appear and deny the charge
   38-2  after being cited as aforesaid, the Court may by proper order
   38-3  entered on the minutes, suspend his license for a time or revoke
   38-4  and cancel it entirely and may also give proper judgment of cost,
   38-5  from which order an appeal may be taken to the Court of Civil
   38-6  Appeals as in other civil cases.>
   38-7        SECTION 10.  Article 4549b, Revised Statutes, is amended to
   38-8  read as follows:
   38-9        Art. 4549b.  CONSUMER INFORMATION.  (a)  The Board shall
  38-10  prepare information of public <consumer> interest describing the
  38-11  <regulatory> functions of the Board and <describing> the Board's
  38-12  procedures by which <consumer> complaints are filed with and
  38-13  resolved by the Board.  The Board shall make the information
  38-14  available to the general public and appropriate state agencies.
  38-15        (b)  The Board by rule shall establish methods by which
  38-16  consumers and service recipients are notified of the name, mailing
  38-17  address, and telephone number of the Board for the purpose of
  38-18  directing complaints to the Board.  The Board may provide for that
  38-19  notification:
  38-20              (1)  on each registration form, application, brochure,
  38-21  or written contract for services of an individual or entity
  38-22  regulated under this Act;
  38-23              (2)  on a sign prominently displayed in the place of
  38-24  business of each individual or entity regulated under this Act; or
  38-25              (3)  in a bill for service provided by an individual or
   39-1  entity regulated under this Act.
   39-2        (c)  The Board shall list along with its regular telephone
   39-3  number the toll-free telephone number that may be called to present
   39-4  a complaint about a health professional if the toll-free number is
   39-5  established under other state law.
   39-6        SECTION 11.  Sections 1, 2, 3, and 4, Article 4550a, Revised
   39-7  Statutes, are amended to read as follows:
   39-8        Sec. 1.  It shall be the duty of all persons holding a dental
   39-9  license or dental hygienist license issued by the State Board of
  39-10  Dental Examiners<,> to annually apply and to be registered as such
  39-11  practitioners with the State Board of Dental Examiners on or before
  39-12  March 1st of each calendar year.  Each person so registering shall
  39-13  pay in connection with such annual registration for the receipt
  39-14  hereinafter provided for, a fee as determined by said Board
  39-15  according to the needs of said Board, such payment to be made by
  39-16  each person to such Board, and every person so registering shall
  39-17  file with said Board a written application setting forth such facts
  39-18  as the Board may require.  A person holding a dental hygienist
  39-19  license must attach to the application proof of current
  39-20  certification <that the person has successfully completed a course>
  39-21  in cardiopulmonary resuscitation given or approved by the American
  39-22  Heart Association or American Red Cross <not earlier than one year
  39-23  before the date on which the license must be renewed> or, in the
  39-24  event that the person is not physically capable of successfully
  39-25  completing such training, a written statement executed by either a
   40-1  licensed physician or an instructor in cardiopulmonary
   40-2  resuscitation approved by the American Heart Association or
   40-3  American Red Cross that describes such physical incapacity.  In
   40-4  lieu of this requirement for annual cardiopulmonary resuscitation
   40-5  certification, a dental hygienist licensed by the <Texas> State
   40-6  Board of Dental Examiners and residing in a country other than the
   40-7  United States may satisfy this requirement by submitting proof of
   40-8  residence upon the annual date of renewal.  Upon receipt of such
   40-9  applications, accompanied by such fees, said Board, after
  40-10  ascertaining either from its records or other sources deemed by it
  40-11  to be reliable<,> that the applicant holds a valid license or
  40-12  certificate to practice in this State, shall issue to the applicant
  40-13  an annual registration certificate or receipt certifying that he
  40-14  has filed such application and has paid the required fee;
  40-15  provided<,> that the filing of such application, the payment of
  40-16  such fee, and the issuance of such receipt therefor<,> shall not
  40-17  entitle the holder thereof to lawfully practice within the State of
  40-18  Texas unless he in fact holds a license or certificate as such
  40-19  practitioner issued by the State Board of Dental Examiners, as
  40-20  provided by this law, and unless said license or certificate is in
  40-21  full force and effect; and provided further, that in any
  40-22  prosecution for unlawful practice such receipt showing payment of
  40-23  the annual registration fee required by this chapter shall not be
  40-24  treated as evidence that the holder thereof is lawfully entitled to
  40-25  practice.
   41-1        Sec. 2.  (a)  If any person required to register as a
   41-2  practitioner under the provisions hereof shall fail or refuse to
   41-3  apply for such registration and pay such fee on or before the
   41-4  specified date <March 1st> of each calendar year, as hereinabove
   41-5  set forth, his license or certificate to practice issued to him<,>
   41-6  shall thereafter stand suspended so that thereafter in practicing
   41-7  he shall be subject to the penalties imposed by law upon any person
   41-8  unlawfully practicing.
   41-9        (b)  A person may renew an unexpired license or certificate
  41-10  by paying to the Board before the expiration of the license or
  41-11  certificate the required renewal fee.
  41-12        (c)  If a person's license or certificate has been expired
  41-13  for not longer than ninety (90) days, the person may renew it by
  41-14  paying to the Board the required renewal fee and a fee that is
  41-15  one-half of the examination fee for the license or certificate.
  41-16        (d)  If a person's license or certificate has been expired
  41-17  for longer than ninety (90) days but less than one year <two
  41-18  years>, the person may renew it by paying to the Board all unpaid
  41-19  renewal fees and a fee that is equal to the examination fee for the
  41-20  license or certificate.
  41-21        (e)  If a person's license or certificate has been expired
  41-22  for one year <two years> or longer, the person may not renew it,
  41-23  except as provided by Section 2A of this article.  The person may
  41-24  obtain a new license or certificate by submitting to reexamination
  41-25  and complying with the requirements and procedures for obtaining an
   42-1  original license or certificate.  However, the Board may adopt
   42-2  rules providing for renewal without reexamination of an expired
   42-3  license of a person who was licensed in this state, moved to
   42-4  another state, and is currently licensed and has been in practice
   42-5  in the other state for the two years preceding application.  The
   42-6  person must pay to the Board a fee that is equal to the examination
   42-7  fee for the license.
   42-8        (f)  At least thirty (30) days before the expiration of a
   42-9  person's license, the <The> Board shall send written notice of the
  42-10  impending license expiration to the person at the licensee's last
  42-11  known address according to the records of the Board <must notify
  42-12  each licensee in writing of that licensee's impending license
  42-13  expiration 30 days prior to said expiration and shall attempt to
  42-14  obtain from the licensee signed receipt confirming receipt of
  42-15  notification>.
  42-16        (g)  Provided, however, that the requirements governing the
  42-17  payment of the annual registration fees and penalties for late
  42-18  registration shall not apply to licensees who are on active duty
  42-19  with the Armed Forces of the United States of America<,> and are
  42-20  not engaged in private or civilian practice.
  42-21        (h)  The Board by rule may adopt a system under which
  42-22  licenses expire on various dates during the year.  For the year in
  42-23  which the license expiration date is changed, license fees payable
  42-24  on March 1 shall be prorated on a monthly basis so that each
  42-25  licensee shall pay only that portion of the license fee that is
   43-1  allocable to the number of months during which the license is
   43-2  valid.  On renewal of the license on the new expiration date, the
   43-3  total license renewal fee is payable.
   43-4        Sec. 3.  (a)  All funds collected by the State Board of
   43-5  Dental Examiners under this Act shall be placed in the State
   43-6  Treasury every thirty (30) days, as collected, to the credit of a
   43-7  special account in the state treasury <fund> to be known as the
   43-8  dental registration account, <"Dental Registration Fund,"> and all
   43-9  expenditures from this account <fund> shall be on order of the
  43-10  State Board of Dental Examiners, on warrants issued by the State
  43-11  Comptroller for the purposes and in the amounts fixed by the
  43-12  Legislature in the General Appropriations Bills.
  43-13        (b)  The financial transactions of the Board are subject to
  43-14  audit by the state auditor in accordance with Chapter 321,
  43-15  Government Code.
  43-16        (c)  The <On or before the first day of January each year,
  43-17  the> Board shall file annually with <make in writing a complete and
  43-18  detailed report accounting for all funds received and disbursed by
  43-19  the Board/commission during the preceding year to> the governor and
  43-20  with <to> the presiding officer of each house of the legislature a
  43-21  complete and detailed written report accounting for all funds
  43-22  received and disbursed by the Board during the preceding fiscal
  43-23  year.  The annual report must be in the form and reported in the
  43-24  time provided by the General Appropriations Act.
  43-25        (d)  The State Board of Dental Examiners shall be authorized
   44-1  to employ and to compensate from the dental registration account
   44-2  <such special funds> employees and such other persons as may be
   44-3  found necessary to assist the local prosecuting officers of any
   44-4  county in the enforcement of all laws of the State prohibiting the
   44-5  unlawful practice of dentistry, and to carry out the other purposes
   44-6  for which said account <fund> is hereby appropriated.  Provided,
   44-7  that all such prosecutions shall be subject to the direction and
   44-8  control of the regularly and duly constituted prosecuting officers,
   44-9  and nothing in this Act shall be construed as depriving them of any
  44-10  authority vested in them by law.
  44-11        Sec. 4.  (a)  To aid the Board in performing its duties, the
  44-12  Board is hereby authorized to employ an Executive <Secretary or>
  44-13  Director who shall receive a salary to be fixed by the Board, and
  44-14  who shall make and file a surety bond in a sum not less than Five
  44-15  Thousand Dollars ($5,000) conditioned for the faithful performance
  44-16  of all the duties of the <his> office and the safekeeping and
  44-17  proper disbursement of the dental registration account <said
  44-18  "Dental Registration Fund"> and all other funds received by the
  44-19  Executive Director <coming into his hands>; such salary shall be
  44-20  paid out of the dental registration account <said "Dental
  44-21  Registration Fund"> and shall not be in any way a charge upon the
  44-22  general revenue of the State.  The Executive Director, with the
  44-23  consent of the Board, may employ an Assistant Executive Director
  44-24  who shall perform all the duties required by law to be performed by
  44-25  the Executive Director when said Executive Director is absent or
   45-1  unable to act for any reason.  Said Board shall employ and provide
   45-2  such other employees as may be needed to assist the Executive
   45-3  <Secretary or> Director in performing the Executive Director's
   45-4  <his> duties and in carrying out the purposes of this Act, provided
   45-5  that their compensation shall be paid only out of the dental
   45-6  registration account.  <said "Dental Registration Fund.">  All
   45-7  disbursements from the dental registration account <"Dental
   45-8  Registration Fund"> shall be made only upon the written approval of
   45-9  the President of the Board, Secretary of said Board, or an employee
  45-10  designated by the Board and upon warrants drawn by the Comptroller
  45-11  to be paid out of said account <fund>.
  45-12        (b)  The Executive Director or the Executive Director's <his>
  45-13  designee shall develop <within one year of the effective date of
  45-14  this Act> an intraagency career ladder program.  The program shall
  45-15  require<, one part of which shall be> the intraagency posting of
  45-16  all nonentry level positions concurrently with <for at least ten
  45-17  (10) days prior to> any public posting.
  45-18        (c)  The Executive Director or the Executive Director's <his>
  45-19  designee shall develop <within one year of the effective date of
  45-20  this Act> a system of annual performance evaluations.  All <based
  45-21  on measurable job tasks.  Within two years of the effective date of
  45-22  this Act all> merit pay for Board employees <authorized by the
  45-23  Executive Director> must be based on the system established under
  45-24  <by> this section.
  45-25        (d)  The Executive Director or the Executive Director's
   46-1  designee shall prepare and maintain a written policy statement to
   46-2  ensure implementation of a program of equal employment opportunity
   46-3  under which all personnel transactions are made without regard to
   46-4  race, color, disability, sex, religion, age, or national origin.
   46-5  The policy statement must include:
   46-6              (1)  personnel policies, including policies relating to
   46-7  recruitment, evaluation, selection, appointment, training, and
   46-8  promotion of personnel that are in compliance with requirements of
   46-9  Chapter 21, Labor Code;
  46-10              (2)  a comprehensive analysis of the Board work force
  46-11  that meets federal and state guidelines;
  46-12              (3)  procedures by which a determination can be made of
  46-13  significant underutilization in the Board work force of all persons
  46-14  for whom federal or state guidelines encourage a more equitable
  46-15  balance; and
  46-16              (4)  reasonable methods to appropriately address those
  46-17  areas of significant underutilization.
  46-18        (e)  A policy statement prepared under Subsection (d) of this
  46-19  section must cover an annual period, be updated annually and
  46-20  reviewed by the Commission on Human Rights for compliance with
  46-21  Subdivision (1) of Subsection (d) of this section, and be filed
  46-22  with the governor's office.
  46-23        (f)  The governor's office shall deliver a biennial report to
  46-24  the legislature based on the information received under Subsection
  46-25  (e) of this section.  The report may be made separately or as a
   47-1  part of other biennial reports made to the legislature.
   47-2        (g)  The Board shall develop and implement policies that
   47-3  clearly define the respective responsibilities of the Board and the
   47-4  staff of the Board.
   47-5        (h)  The Board shall prepare and maintain a written plan that
   47-6  describes how a person who does not speak English can be provided
   47-7  reasonable access to the Board's programs.  The Board shall also
   47-8  comply with federal and state laws for program and facility
   47-9  accessibility.
  47-10        (i)  The Board shall develop and implement policies that
  47-11  provide the public with a reasonable opportunity to appear before
  47-12  the Board and to speak on any issue under the jurisdiction of the
  47-13  Board.
  47-14        SECTION 12.  Article 4551, Revised Statutes, is amended to
  47-15  read as follows:
  47-16        Art. 4551.  FEES AND EXPENSES.  (a)  Each member of the Board
  47-17  is entitled to a per diem as set by legislative appropriation for
  47-18  each day that the member engages in the business of the Board.  A
  47-19  member may <not> receive reimbursement <any compensation> for
  47-20  travel expenses, including expenses for meals and lodging, incurred
  47-21  in performing an official duty <other than transportation expenses.
  47-22  A member is entitled to compensation for transportation expenses>
  47-23  as prescribed by the General Appropriations Act.
  47-24        (b)  The Board shall establish reasonable and necessary fees
  47-25  so that the fees, in the aggregate, produce sufficient revenue to
   48-1  cover the cost of administering <for the administration of> this
   48-2  Act <in amounts not to exceed:>
   48-3              <(1)  dental examination fee:  $150;>
   48-4              <(2)  dental hygiene examination fee:  $75;>
   48-5              <(3)  annual renewal fees:>
   48-6                    <dentists:  $100,>
   48-7                    <dental hygienists:  $70,>
   48-8                    <dental labs:  $125;>
   48-9              <(4)  reciprocal registration fee:  $200;>
  48-10              <(5)  duplicate license fee:  $15;>
  48-11              <(6)  duplicate registration certificates:  $15>.
  48-12        The Board may not set a fee at an amount less than the amount
  48-13  of that fee on September 1, 1993 <shall not maintain unnecessary
  48-14  fund balances, and fee amounts shall be set in accordance with this
  48-15  requirement>.
  48-16        SECTION 13.  Section 4A, Chapter 475, Acts of the 52nd
  48-17  Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
  48-18  is amended to read as follows:
  48-19        Sec. 4A.  DENTAL HYGIENE ADVISORY COMMITTEE.  (a)  The Dental
  48-20  Hygiene Advisory Committee is hereby established.
  48-21        (b)(1)  The Dental Hygiene Advisory Committee shall be
  48-22  composed <consist> of six members as follows:
  48-23                    (A)  three dental hygienists appointed by the
  48-24  governor;
  48-25                    (B)  two public members appointed by the
   49-1  governor; and
   49-2                    (C)  one dentist <not more than eight dental
   49-3  hygienists> appointed by the <Texas> State Board of Dental
   49-4  Examiners.
   49-5              (2)  Members <A member> of the <such> advisory
   49-6  committee shall serve staggered six-year terms <for a term of three
   49-7  years expiring on May 1 of the third year of the member's term.
   49-8  After the expiration of a member's term, the member shall continue
   49-9  to serve until the date a successor is appointed and has qualified.
  49-10  A person may not be appointed to serve for more than one full
  49-11  term>.
  49-12              (3)  The advisory committee shall elect a chair from
  49-13  among its members to serve a term of one year.
  49-14              (4)  No sitting member of the State Board of Dental
  49-15  Examiners shall be a member of the advisory committee.
  49-16        (c)  The advisory committee shall advise the <Texas> State
  49-17  Board of Dental Examiners on matters relating to dental hygiene.
  49-18  In order to assure that the advisory committee is able to exercise
  49-19  properly its advisory powers, the <Texas> State Board of Dental
  49-20  Examiners shall provide the advisory committee with timely notice
  49-21  of all Board meetings and a copy of the minutes of all Board
  49-22  meetings.  In addition, the Board shall not adopt any rule relating
  49-23  to the practice of dental hygiene unless said proposed rule has
  49-24  been submitted to the advisory committee for review and comment at
  49-25  least thirty (30) days prior to the adoption of said rule.
   50-1        (d)  A member of the advisory committee is entitled to the
   50-2  compensatory per diem set by the General Appropriations Act for
   50-3  each day that the member engages in committee business.  Except for
   50-4  transportation expenses, a member is not entitled to reimbursement
   50-5  for travel expenses.  A member is entitled to reimbursement for
   50-6  transportation expenses as provided by the General Appropriations
   50-7  Act.
   50-8        SECTION 14.  Section 5, Chapter 475, Acts of the 52nd
   50-9  Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
  50-10  is amended to read as follows:
  50-11        Sec. 5.  Examination.  (a)  It shall be the duty of the Board
  50-12  to provide for the examination of all <The Texas State Board of
  50-13  Dental Examiners shall hold meetings at such times and places as
  50-14  the Board shall designate for the purpose of examining> qualified
  50-15  applicants for licensure as dental hygienists in this State.  All
  50-16  applicants for examination shall pay a fee set by the Board to said
  50-17  Board as determined by said Board according to its needs and shall
  50-18  apply upon forms furnished by the Board and shall furnish such
  50-19  other information as the Board may in its discretion require to
  50-20  determine any applicant's qualifications.  An applicant must attach
  50-21  to the application proof that the applicant has successfully
  50-22  completed a current course in cardiopulmonary resuscitation given
  50-23  or approved by the American Heart Association or American Red Cross
  50-24  <not earlier than one year> before the date on which the applicant
  50-25  submits the application or, in the event that the applicant is not
   51-1  physically capable of successfully completing such training, a
   51-2  written statement executed by either a licensed physician or an
   51-3  instructor in cardiopulmonary resuscitation approved by the
   51-4  American Heart Association or American Red Cross that describes
   51-5  such physical incapacity.  <The Board shall have authority to
   51-6  employ the services of such examiners and clerks as may be needed
   51-7  to aid the Board in the performance of such duties.>   The
   51-8  examination shall be taken by all applicants on such subjects and
   51-9  operations pertaining to dentistry and dental hygiene which shall
  51-10  include Dental Anatomy, Pharmacology, X-Ray, Ethics, Jurisprudence,
  51-11  and Hygiene, and such other subjects as are regularly taught in
  51-12  reputable schools of dentistry and dental hygiene, as the Board in
  51-13  its discretion may require.  The examination shall be given orally
  51-14  or in writing, or by giving a practical demonstration of the
  51-15  applicant's skill or by any combination of such methods or subjects
  51-16  as the Board may in its discretion require.  The Board shall
  51-17  contract with an independent or regional testing service for any
  51-18  required clinical examination.  In the event that the Board uses a
  51-19  regional testing service, the Board is authorized to contract for
  51-20  or otherwise use the services of licensed dental hygienists in this
  51-21  State for the purpose of providing assistance to the regional
  51-22  testing service.  The Board shall have the written portion of the
  51-23  examination validated by an independent testing professional.
  51-24  The Board shall <grade each applicant upon the various phases of
  51-25  the examination and shall> report such grades to the applicant
   52-1  within a reasonable time after such examination, and each applicant
   52-2  who has satisfactorily passed all phases of the examination as
   52-3  determined by the Board shall be entitled to and shall be issued a
   52-4  license permitting such applicant to practice dental hygiene in the
   52-5  State of Texas as is defined and regulated by the law of this
   52-6  State.
   52-7        (b)  The Board by rule shall set the number of and conditions
   52-8  for examination retakes.  The Board may require an applicant who
   52-9  fails the examination to meet additional education requirements set
  52-10  by the Board.
  52-11        SECTION 15.  Chapter 475, Acts of the 52nd Legislature, 1951
  52-12  (Article 4551e, Vernon's Texas Civil Statutes), is amended by
  52-13  adding Section 5A to read as follows:
  52-14        Sec. 5A.  CONTINUING EDUCATION.  (a)  The State Board of
  52-15  Dental Examiners shall develop a mandatory continuing education
  52-16  program for persons licensed under this Act.
  52-17        (b)  The State Board of Dental Examiners by rule shall:
  52-18              (1)  require a licensee to complete at least 36 hours
  52-19  of continuing education in each three-year period to maintain
  52-20  licensure;
  52-21              (2)  identify the key factors that lead to the
  52-22  competent performance of professional duties under this Act;
  52-23              (3)  develop a process to evaluate and approve
  52-24  continuing education courses; and
  52-25              (4)  develop a process to assess a licensee's
   53-1  participation and performance in continuing education courses that
   53-2  will enable the Board to evaluate the overall effectiveness of the
   53-3  program.
   53-4        (c)  The State Board of Dental Examiners is authorized to
   53-5  assess the continuing education needs of licensees and may require
   53-6  licensees to attend continuing education courses specified by the
   53-7  Board.
   53-8        SECTION 16.  Subsection (a), Section (6), Article 4551f,
   53-9  Revised Statutes, is amended to read as follows:
  53-10        (a)  It shall be the duty of the owner or manager of each
  53-11  dental laboratory to annually apply to and register each dental
  53-12  laboratory doing business in this State with which that person has
  53-13  any connection or interest with the <Texas> State Board of Dental
  53-14  Examiners and to pay in connection with such application a fee as
  53-15  determined by the Board according to the needs of the Board to the
  53-16  dental registration account <Dental Registration Fund>.  The
  53-17  application must include proof satisfactory to the Board that the
  53-18  dental laboratory has working on the premises at least one dental
  53-19  technician who is certified by a nationally recognized board of
  53-20  certification for dental technology and must set forth other facts
  53-21  as the Board may require, including the names and addresses of each
  53-22  dental technician employed by said dental laboratory.
  53-23        SECTION 17.  Section (7), Article 4551f, Revised Statutes, is
  53-24  amended to read as follows:
  53-25        (7).  (a)  In this section, "person" means an individual,
   54-1  corporation, association, partnership, or other private legal
   54-2  entity.
   54-3        (b)  A person other than a dental laboratory or dental
   54-4  technician may not fill a prescription for the preparation or
   54-5  repair of a dental prosthetic appliance that is to be delivered by
   54-6  a licensed dentist to a dental patient.  <At the time the dental
   54-7  prosthetic appliance is delivered to the dentist, the dental
   54-8  laboratory that prepared or repaired the appliance must provide the
   54-9  dentist its registration number as assigned by the Board and the
  54-10  expiration date of its certificate of registration.  The dental
  54-11  laboratory must provide the number in writing.>
  54-12        (c)  A person may not offer or undertake to operate a dental
  54-13  laboratory or to provide the services described in Section (1) of
  54-14  this article unless the person holds a certificate of registration
  54-15  issued by the Board.
  54-16        (d)  At the time the dental prosthetic appliance is delivered
  54-17  to the dentist, the dental laboratory that prepared or repaired the
  54-18  appliance must provide the dentist its registration number as
  54-19  assigned by the Board and the expiration date of its certificate of
  54-20  registration.  The dental laboratory must provide the number in
  54-21  writing.
  54-22        (e)  A dentist may not knowingly prescribe, order, or receive
  54-23  a dental prosthetic appliance that is to be prepared or has been
  54-24  prepared by an unregistered dental laboratory.  <A dentist who
  54-25  violates this subsection commits an offense.  Except as provided by
   55-1  Subsection (f) of this section, an offense under this subsection is
   55-2  a Class C misdemeanor.>
   55-3        (f) <(e)>  A person who violates a subsection <Subsection (b)
   55-4  or (c)> of this section commits an offense.  An <Except as provided
   55-5  by Subsection (f) of this section, an> offense under Subsection (b)
   55-6  or (c) of this section is a third degree felony.  An offense under
   55-7  Subsection (d) or (e) of this section <subsection> is a Class C
   55-8  misdemeanor.
   55-9        (g) <(f)>  If it is shown on the trial of an offense under
  55-10  this section that the defendant has previously been convicted under
  55-11  Subsection (d) or (e) of this section, an offense <under this
  55-12  section> is a Class A misdemeanor.
  55-13        SECTION 18.  Chapter 9, Title 71, Revised Statutes, is
  55-14  amended by adding Article 4551n to read as follows:
  55-15        Art. 4551n.  EMPLOYMENT OF DENTISTS.  (a)  The Board shall,
  55-16  on a form and under rules adopted by the Board, approve and certify
  55-17  any health organization to employ dentists upon application by the
  55-18  organization and presentation of satisfactory proof to the Board
  55-19  that the organization:
  55-20              (1)  is a nonprofit corporation under the Texas
  55-21  Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
  55-22  Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code
  55-23  of 1986 (26 U.S.C. Section 501); and
  55-24              (2)  is organized and operated as a migrant, community,
  55-25  or homeless health center under the authority of and in compliance
   56-1  with 42 U.S.C. Section 254b, 254c, or 256 to contract with or
   56-2  employ dentists licensed by the Board.
   56-3        (b)  Any dentist providing dental services under Subsection
   56-4  (a) of this article shall provide those services free of charge or
   56-5  at a reduced fee commensurate with the patient's ability to pay in
   56-6  strict compliance with the applicable provisions of 42 U.S.C.
   56-7  Section 254b, 254c, or 256.
   56-8        (c)  The Board may, at its discretion, refuse to approve or
   56-9  certify any such health organization making application to the
  56-10  Board if in the Board's determination the applying nonprofit
  56-11  corporation is established or organized or operated in
  56-12  contravention of or with the intent to circumvent any provision of
  56-13  this Act.
  56-14        SECTION 19.  Subsections (c) and (d), Section 467.0041,
  56-15  Health and Safety Code, are amended to read as follows:
  56-16        (c)  The board may collect a fee of not more than $50 each
  56-17  month from a participant in an approved peer assistance program.
  56-18  Fees collected under this subsection shall be remitted to the state
  56-19  treasurer for deposit to the credit of the dental registration
  56-20  account <fund no. 86>.
  56-21        (d)  Subject to the General Appropriations Act, the board may
  56-22  use the fees and surcharges collected under this section and fines
  56-23  collected in the enforcement of Chapter 9, Title 71, Revised
  56-24  Statutes, and that are deposited in the dental registration account
  56-25  <fund no. 86>, to fund an approved program and to pay the
   57-1  administrative costs incurred by the board that are related to the
   57-2  program.
   57-3        SECTION 20.  Subsection (b), Article 4551d, Revised Statutes,
   57-4  is repealed.
   57-5        SECTION 21.  (a)  The State Board of Dental Examiners is
   57-6  reestablished.
   57-7        (b)  There is hereby appropriated to the State Board of
   57-8  Dental Examiners from the General Revenue Fund for the fiscal
   57-9  biennium ending August 31, 1995, the amount of $206,168.
  57-10        (c)  Funds received under Section 3, Article 4550a, Revised
  57-11  Statutes, shall be deposited in the state treasury to the credit of
  57-12  a special account to be named the dental registration account.  Any
  57-13  unexpended funds transferred to the General Revenue Fund from the
  57-14  Dental Registration Fund under the operation of Subsection (c),
  57-15  Section 325.017, Government Code, shall be deposited to the credit
  57-16  of the dental registration account.
  57-17        SECTION 22.  On the first day of the first calendar month
  57-18  following the effective date of this Act:
  57-19              (1)  all personnel relocated to other state agencies
  57-20  after August 31, 1994, as a result of the abolition of the State
  57-21  Board of Dental Examiners through the operation of Chapter 325,
  57-22  Government Code (Texas Sunset Act), who are still performing duties
  57-23  related to the regulation of the dental health professions shall be
  57-24  retransferred to the State Board of Dental Examiners;
  57-25              (2)  any property or records transferred to the General
   58-1  Services Commission or other entity as a result of the abolition of
   58-2  the State Board of Dental Examiners is retransferred to the State
   58-3  Board of Dental Examiners; and
   58-4              (3)  any state agency designated to carry out the
   58-5  covenants of the bonds and other obligations of the State Board of
   58-6  Dental Examiners shall retransfer the funds authorizing the bonds
   58-7  or other obligations, if any, and the duty to carry out the
   58-8  covenants of the bonds and other obligations to the State Board of
   58-9  Dental Examiners.
  58-10        SECTION 23.  The person serving as the Chief Coordinator of
  58-11  the Dental Information Resource Center of the Health Professions
  58-12  Council on January 1, 1995, shall serve as the interim executive
  58-13  director of the State Board of Dental Examiners.  The interim
  58-14  executive director shall serve from the date the State Board of
  58-15  Dental Examiners is reestablished under this Act until the date
  58-16  that all the new members of the board have been qualified and the
  58-17  board acts to employ an executive director as authorized by Section
  58-18  4, Article 4550a, Revised Statutes.  The interim executive director
  58-19  shall have all the powers and duties of the executive director
  58-20  enumerated in the Dental Practice Act, Chapter 9, Title 71, Revised
  58-21  Statutes.  In addition to the powers and duties enumerated in the
  58-22  Dental Practice Act, Chapter 9, Title 71, Revised Statutes, the
  58-23  interim executive director shall be responsible for coordinating
  58-24  procedures with other agencies necessary for the reestablishment of
  58-25  the State Board of Dental Examiners.
   59-1        SECTION 24.  All rules of the State Board of Dental Examiners
   59-2  that were in existence on August 31, 1994, shall be the rules of
   59-3  the State Board of Dental Examiners on the date the board is
   59-4  reestablished under this Act.  All decisions and orders rendered or
   59-5  issued by the State Board of Dental Examiners prior to September 1,
   59-6  1994, remain valid and enforceable.
   59-7        SECTION 25.  (a)  The governor shall appoint the members of
   59-8  the State Board of Dental Examiners as provided in Article 4543a,
   59-9  Revised Statutes, as amended by this Act, as soon as possible but
  59-10  in no event later than 90 days from the effective date of this Act,
  59-11  as follows:
  59-12              (1)  for the dentist members, three members for terms
  59-13  expiring February 1, 1997; four members for terms expiring
  59-14  February 1, 1999; and three members for terms expiring February 1,
  59-15  2001;
  59-16              (2)  for the dental hygienist members, one member for a
  59-17  term expiring February 1, 1997; and one member for a term expiring
  59-18  February 1, 2001; and
  59-19              (3)  for the public members, two members for terms
  59-20  expiring February 1, 1997; two members for terms expiring
  59-21  February 1, 1999; and two members for terms expiring February 1,
  59-22  2001.
  59-23        (b)  The initial members of the State Board of Dental
  59-24  Examiners appointed under this section shall not be required to
  59-25  complete the training course prescribed by Section 6, Article
   60-1  4543a, Revised Statutes, as added by this Act, prior to their
   60-2  assumption of board duties or their confirmation by the senate.
   60-3  The initial members must complete the training course required by
   60-4  Subsection (b), Section 6, Article 4543a, Revised Statutes, as
   60-5  added by this Act, within 12 months of the effective date of this
   60-6  Act.
   60-7        SECTION 26.  The governor and the State Board of Dental
   60-8  Examiners shall appoint the members of the  Dental Hygiene Advisory
   60-9  Committee as specified in Section 4A, Chapter 475, Acts of the 52nd
  60-10  Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
  60-11  as amended by this Act, as soon as possible after the
  60-12  reestablishment of the State Board of Dental Examiners.  In making
  60-13  the appointments to the Dental Hygiene Advisory Committee, the
  60-14  governor shall designate one dental hygienist member for a term
  60-15  expiring February 1, 1997; one dental hygienist member for a term
  60-16  expiring February 1, 1999; one dental hygienist member for a term
  60-17  expiring February 1, 2001; one public member for a term expiring
  60-18  February 1, 1997; and one public member for a term expiring
  60-19  February 1, 1999.  The State Board of Dental Examiners shall
  60-20  appoint one dentist to the Dental Hygiene Advisory Committee for a
  60-21  term expiring February 1, 2001.
  60-22        SECTION 27.  (a)  The Dental Hygiene Advisory Committee shall
  60-23  develop and recommend rules to the State Board of Dental Examiners
  60-24  that establish licensure qualification and educational requirements
  60-25  for dental hygienists.
   61-1        (b)  On receiving the recommendations of proposed rules
   61-2  developed as provided in Subsection (a) of this section, the State
   61-3  Board of Dental Examiners must approve or reject the proposed
   61-4  rules.  If the State Board of Dental Examiners does not approve a
   61-5  rule developed by the Dental Hygiene Advisory Committee, the board
   61-6  shall indicate to the advisory committee the reasons that the rule
   61-7  was not approved and return the rule to the advisory committee for
   61-8  further development.  The State Board of Dental Examiners is the
   61-9  final authority on all rules.
  61-10        (c)  This section expires three years from the effective date
  61-11  of this Act.
  61-12        SECTION 28.  The State Board of Dental Examiners shall not
  61-13  establish a date on which the Dental Hygiene Advisory Committee is
  61-14  abolished as provided by Subsection (a), Section 8, Article
  61-15  6252-33, Revised Statutes, prior to the expiration of four years
  61-16  after the effective date of this Act.
  61-17        SECTION 29.  The changes in law made by this Act relating to
  61-18  a penalty that may be imposed apply only to a violation of the
  61-19  Dental Practice Act, Chapter 9, Title 71, Revised Statutes, or a
  61-20  rule adopted by the State Board of Dental Examiners that occurs on
  61-21  or after the effective date of this Act.  A violation occurs on or
  61-22  after the effective date of this Act only if each element of the
  61-23  violation occurs on or after that date.  A violation that occurs
  61-24  before the effective date of this Act is governed by the law in
  61-25  effect on the date the violation occurred, and the former law is
   62-1  continued in effect for this purpose.
   62-2        SECTION 30.  The importance of this legislation and the
   62-3  crowded condition of the calendars in both houses create an
   62-4  emergency and an imperative public necessity that the
   62-5  constitutional rule requiring bills to be read on three several
   62-6  days in each house be suspended, and this rule is hereby suspended,
   62-7  and that this Act take effect and be in force from and after its
   62-8  passage, and it is so enacted.