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