By Cook H.B. No. 3219
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of dental laboratories.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 5, Article 4551f, Revised
1-5 Statutes, is amended to read as follows:
1-6 (a) A dentist legally engaged in the practice of dentistry
1-7 in this state may perform for compensation a service listed in
1-8 Section 1 of this article only for a patient of that dentist or for
1-9 a patient of a professional corporation or partnership of which
1-10 that dentist is an officer, partner, or employee and said dentist
1-11 and his employees and the employees of the professional corporation
1-12 or partnership shall be exempt from the provisions of this article
1-13 when performing such service, provided the service is performed by
1-14 the dentist or the employees on the premises within which the
1-15 dentist practices dentistry.
1-16 SECTION 2. Section (6), Article 4551f, Revised Statutes, is
1-17 amended by adding Subsections (d) and (e) to read as follows:
1-18 (d) The owner of a dental laboratory registered with the
1-19 Board on September 1, 1987, is not required to submit proof that
1-20 the laboratory has at least one certified dental technician
1-21 employed by and working on the premises of the laboratory if:
1-22 (1) the registration of the laboratory has been
1-23 continuous since that date and all registration fees have been
2-1 paid;
2-2 (2) the beneficial ownership of at least 51 percent of
2-3 the laboratory has not been transferred; and
2-4 (3) the owner is employed on the premises of the
2-5 laboratory not less than 30 hours each week.
2-6 (e) A dental laboratory owned by a dentist or a professional
2-7 corporation or partnership of which that dentist is an officer,
2-8 partner, or employee legally engaged in the practice of dentistry
2-9 in this state shall be exempt from the provisions of this article
2-10 which require that a dental laboratory have at least one dental
2-11 technician working on the premises who is certified by a nationally
2-12 recognized board of certification for dental technology, provided
2-13 the dental laboratory is located on the premises within which the
2-14 dentist practices dentistry. However, this exemption shall not
2-15 apply to a dental laboratory owned by a dentist or a professional
2-16 corporation or partnership of which that dentist is an officer,
2-17 partner, or employee legally engaged in the practice of dentistry
2-18 in this state if the laboratory employs more than two dental
2-19 technicians.
2-20 SECTION 3. Section (8), Article 4551f, Revised Statutes, is
2-21 amended by amending Subsection (b) and adding Subsection (f) to
2-22 read as follows:
2-23 (b) The Board may not exercise rule-making authority
2-24 regarding dental laboratories except in the following areas:
2-25 (1) processing registration applications;
3-1 (2) prescribing the form and content of registration
3-2 applications and other forms required to administer this article;
3-3 (3) prescribing fees necessary to administer this
3-4 article;
3-5 (4) prescribing renewal procedures for certificates of
3-6 registration;
3-7 (5) monitoring records as necessary to administer this
3-8 article; <and>
3-9 (6) adopting continuing education requirements for
3-10 dental technicians employed by dental laboratories;
3-11 (7) adopting requirements for registration;
3-12 (8) adopting rules relating to infection control;
3-13 (9) adopting rules relating to shade-taking procedures
3-14 authorized by a prescription from a licensed dentist;
3-15 (10) adopting rules relating to computer-imaging
3-16 procedures for an oral cavity authorized by a prescription from a
3-17 licensed dentist;
3-18 (11) adopting rules regulating the farmout of dental
3-19 prescriptions to out-of-state laboratories; and
3-20 (12) adopting rules relating to the transportation and
3-21 manufacture of dental prosthetic devices or other dental work
3-22 performed by a dental laboratory located in another state or a
3-23 foreign country for use in this state.
3-24 (f) The Board shall allow the council 30 days for review and
3-25 comment on any rule relating to dental laboratories that is
4-1 proposed by the Board.
4-2 SECTION 4. Subsection (d), Section (9), Article 4551f,
4-3 Revised Statutes, is amended to read as follows:
4-4 (d) The council shall review each application for
4-5 registration or renewal of registration to determine if the
4-6 applicant meets the requirements of this article. The council
4-7 shall provide the Board with a list of applicants who are eligible
4-8 for registration with the Board. Certificates of registration may
4-9 only be issued to eligible applicants. The council may <shall>
4-10 recommend to the Board rules relating to dental laboratories. The
4-11 Board shall begin the process prescribed by Chapter 2001,
4-12 Government Code (Administrative Procedure Act), to consider rules
4-13 based on the council's recommendations within 30 days of receiving
4-14 any recommendation from the council. The Board shall provide to
4-15 the council its reasons for amending or rejecting any rule proposed
4-16 by the council <prescribing the contents of continuing education
4-17 courses prescribed by Subsection (b) of Section 6>. The council
4-18 may perform additional duties as requested by the Board.
4-19 SECTION 5. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended,
4-24 and that this Act take effect and be in force from and after its
4-25 passage, and it is so enacted.