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.