1-1        By:  Moncrief                                     S.B. No. 18
    1-2        (In the Senate - Filed January 6, 1995; January 10, 1995,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; January 11, 1995, reported favorably by the following
    1-5  vote:  Yeas 9, Nays 0; January 11, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the reestablishment and operation of the State Board of
    1-9  Dental Examiners and to the regulation of the practice of dentistry
   1-10  and dental hygiene; providing penalties; and making an
   1-11  appropriation.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Article 4543a, Revised Statutes, is amended to
   1-14  read as follows:
   1-15        Art. 4543a.  APPOINTMENT; QUALIFICATIONS
   1-16        Sec. 1.  (a)(1)  The State Board of Dental Examiners, also
   1-17  known as the Texas State Board of Dental Examiners, shall consist
   1-18  of 18 <15> members.  Ten members must be reputable, practicing
   1-19  dentists who have resided in the State of Texas and have been
   1-20  actively engaged in the practice of dentistry for five years <next>
   1-21  preceding their appointment, none of whom shall be members of the
   1-22  faculty of any dental or dental hygiene school or college or of the
   1-23  dental or dental hygiene department of any medical school or
   1-24  college or shall have a financial interest in any such school or
   1-25  college.  Two members must be reputable, practicing dental
   1-26  hygienists who have resided in the State of Texas and have been
   1-27  actively engaged in the practice of dental hygiene for five years
   1-28  <next> preceding the appointment, who are not licensed to practice
   1-29  dentistry in this state, and who shall not be a member of the
   1-30  faculty of any dental or dental hygiene school or college or of the
   1-31  dental or dental hygiene department of any medical school or
   1-32  college or shall have a financial interest in any such school or
   1-33  college.  Six <Three> members must be members of the general
   1-34  public.  A person is not eligible for appointment as a member if
   1-35  the person:
   1-36                    (A)  has ever had his license to practice
   1-37  dentistry or dental hygiene revoked by the Board, provided that the
   1-38  revocation has not been subsequently overturned by final order of a
   1-39  court of law, based upon acts which, in the opinion of the Board,
   1-40  violated any provision of the statutes of the State of Texas
   1-41  relating to the practice of dentistry, dental hygiene, or any
   1-42  provision of this chapter; or
   1-43                    (B)  is an adverse party in civil litigation
   1-44  against the Board.
   1-45              (2)  A person is not eligible for appointment as a
   1-46  public member if the person or the person's spouse:
   1-47                    (A)  is registered, certified, or licensed by an
   1-48  occupational regulatory agency in the field of health care;
   1-49                    (B)  is employed by or participates in the
   1-50  management of a business entity or other organization that is
   1-51  regulated by the Board or receives funds from the Board <provides
   1-52  health-care services or that sells, manufactures, or distributes
   1-53  health-care supplies or equipment>;
   1-54                    (C)  owns, controls, or has, directly or
   1-55  indirectly, more than a 10 percent interest in a business entity or
   1-56  other organization that is regulated by the Board or receives funds
   1-57  from the Board; <provides health-care services or that sells,
   1-58  manufactures, or distributes health-care supplies or equipment; or>
   1-59                    (D)  uses or receives a substantial amount of
   1-60  tangible goods, services, or funds from the Board, other than
   1-61  compensation or reimbursement authorized by law for Board
   1-62  membership, attendance, or expenses; or
   1-63                    (E)  is employed by an individual serving as a
   1-64  member of the Board.
   1-65        (b)  Appointments to the Board shall be made without regard
   1-66  to the race, color, disability <creed>, sex, religion, age, or
   1-67  national origin of the appointees.  In making appointments under
   1-68  this section, the Governor shall attempt to appoint members of
    2-1  different minority groups including females, African-Americans,
    2-2  Hispanic-Americans, Native Americans, and Asian-Americans.
    2-3        (c)  All members of the Board shall have full and identical
    2-4  privileges, except that only dentist members may participate in
    2-5  passing or failing applicants for a license to practice dentistry
    2-6  during the clinical portion of the Board examinations for dentists.
    2-7        Sec. 2.  The term of office of each member of said Board
    2-8  shall be limited to one six-year term or until their successors
    2-9  shall be appointed and qualify.  Board terms are limited to one
   2-10  six-year term <except that this restriction shall not prohibit
   2-11  those Board members holding office on May 1, 1981, from being
   2-12  reappointed to one additional six-year term>.  The terms shall be
   2-13  staggered with the terms of one-third of the members expiring every
   2-14  two years.  The members of said Board shall be appointed by the
   2-15  Governor of the State.  Before entering upon the duties of his
   2-16  office each member of the Board shall take the constitutional oath
   2-17  of office, same to be filed with the Secretary of State.  At its
   2-18  first meeting the Board shall organize by electing one member
   2-19  President and one Secretary chosen to serve one year.  The
   2-20  President of the Board must be a dentist.  Said Board shall hold
   2-21  regular meetings at least twice a year at such times and places as
   2-22  the Board shall deem most convenient for applicants for
   2-23  examination.  Due notice of such meetings shall be given by
   2-24  publication in such papers as may be selected by the Board.  The
   2-25  Board may prescribe rules and regulations, in harmony with the
   2-26  provision of this title governing its own proceedings and the
   2-27  examinations of applicants for the practice of dentistry.  The
   2-28  Board is subject to the open meetings law, Chapter 551, Government
   2-29  Code <271, Acts of the 60th Legislature, Regular Session, 1967, as
   2-30  amended (Article 6252-17, Vernon's Texas Civil Statutes)>, and
   2-31  Chapter 2001, Government Code (<the> Administrative Procedure <and
   2-32  Texas Register> Act<, as amended (Article 6252-13a, Vernon's Texas
   2-33  Civil Statutes>).
   2-34        Sec. 3.  (a)  An officer, employee, or paid consultant of a
   2-35  Texas trade association in the field of health care may not be a
   2-36  member or employee of the Board who is exempt from the state's
   2-37  position classification plan or is compensated at or above the
   2-38  amount prescribed by the General Appropriations Act for step 1,
   2-39  salary group 17, of the position classification salary schedule.
   2-40        (b)  A person who is the spouse of an officer, manager, or
   2-41  paid consultant of a Texas trade association in the field of health
   2-42  care may not be a Board member and may not be a Board employee who
   2-43  is exempt from the state's position classification plan or is
   2-44  compensated at or above the amount prescribed by the General
   2-45  Appropriations Act for step 1, salary group 17, of the position
   2-46  classification salary schedule.
   2-47        (c)  A person may not serve as a member of the Board or act
   2-48  as general counsel to the Board if the person is required to
   2-49  register as a lobbyist under Chapter 305, Government Code, because
   2-50  of the person's activities for compensation on behalf of a
   2-51  profession related to the operation of the Board.
   2-52        (d)  For purposes of this section, a Texas trade association
   2-53  is a nonprofit, cooperative, and voluntarily joined association of
   2-54  business or professional competitors in this state designed to
   2-55  assist its members and its industry or profession in dealing with
   2-56  mutual business or professional problems and in promoting their
   2-57  common interest.  <A member or employee of the Board may not be an
   2-58  officer, employee, or paid consultant of a trade association in the
   2-59  dental industry.  A member or employee of the Board may not be
   2-60  related within the second degree by affinity or within the second
   2-61  degree by consanguinity, as determined under Article 5996h, Revised
   2-62  Statutes, to a person who is an officer, employee, or paid
   2-63  consultant of a trade association in the regulated industry.  A
   2-64  person who is required to register as a lobbyist under Chapter 305,
   2-65  Government Code, by virtue of the person's activities on behalf of
   2-66  a trade or professional association in the profession regulated by
   2-67  the Board, may not serve as a member of the Board or act as the
   2-68  general counsel to the Board.>
   2-69        Sec. 4.  (a)  It is a ground for removal from the Board if a
   2-70  member:
    3-1              (1)  does not have at the time of appointment the
    3-2  qualifications required by Section 1 of this article for
    3-3  appointment to the Board;
    3-4              (2)  does not maintain during the service on the Board
    3-5  the qualifications required by Section 1 of this article for
    3-6  appointment to the Board;
    3-7              (3)  violates a prohibition established by Section 3 of
    3-8  this article; <or>
    3-9              (4)  fails to attend at least one-half of the regularly
   3-10  scheduled meetings that the member is eligible to attend during a
   3-11  calendar <held each> year; or
   3-12              (5)  cannot discharge the member's duties for a
   3-13  substantial part of the term for which the member is appointed
   3-14  because of illness or disability.
   3-15        (b)  The validity of an action of the Board is not affected
   3-16  by the fact that it was taken when a ground for removal of a member
   3-17  of the Board existed.
   3-18        (c)  If the Executive Director or any member of the Board has
   3-19  knowledge that a potential ground for removal exists, the Executive
   3-20  Director or member of the Board shall notify the Board of the
   3-21  ground.  The Board shall then notify the Governor that a potential
   3-22  ground for removal exists <informed in writing of a violation that
   3-23  constitutes a ground under Subsection (a) of this section for the
   3-24  removal of a member of the Board, the Board shall include on the
   3-25  agenda of its next regularly scheduled meeting a review of the
   3-26  alleged violation.  After review, the Board shall report its
   3-27  findings to the Governor for appropriate action consistent with
   3-28  Article XV, Section 9, of the Texas Constitution>.
   3-29        Sec. 5.  (a)  Each Board member shall comply with the Board
   3-30  member training requirements established by any other state agency
   3-31  that is given authority to establish the requirements for the
   3-32  Board.
   3-33        (b)  The Board shall provide to its members and employees, as
   3-34  often as necessary, information regarding their qualifications for
   3-35  office or employment under this article and their responsibilities
   3-36  under applicable laws relating to standards of conduct for state
   3-37  officers or employees.
   3-38        Sec. 6.  (a)  The Board shall establish a training program
   3-39  for the members of the Board.
   3-40        (b)  Before a member of the Board may assume the member's
   3-41  duties and before the member may be confirmed by the senate, the
   3-42  member must complete at least one course of the training program
   3-43  established under this section.
   3-44        (c)  A training program established under this section shall
   3-45  provide information to a participant regarding:
   3-46              (1)  the enabling legislation that created the Board;
   3-47              (2)  the programs operated by the Board;
   3-48              (3)  the role and functions of the Board;
   3-49              (4)  the rules of the Board with an emphasis on the
   3-50  rules that relate to disciplinary and investigatory authority;
   3-51              (5)  the current budget for the Board;
   3-52              (6)  the results of the most recent formal audit of the
   3-53  Board;
   3-54              (7)  the requirements of:
   3-55                    (A)  the open meetings law, Chapter 551,
   3-56  Government Code;
   3-57                    (B)  the open records law, Chapter 552,
   3-58  Government Code; and
   3-59                    (C)  Chapter 2001, Government Code
   3-60  (Administrative Procedure Act);
   3-61              (8)  the requirements of the conflict of interest laws
   3-62  and other laws relating to public officials; and
   3-63              (9)  any applicable ethics policies adopted by the
   3-64  Board or the Texas Ethics Commission.
   3-65        (d)  In developing the training requirements provided for in
   3-66  this section, the Board shall consult with the governor's office
   3-67  and the Texas Ethics Commission.
   3-68        (e)  In the event that another state agency or entity is
   3-69  given the authority to establish the training requirements, the
   3-70  Board shall allow that training in lieu of developing its own
    4-1  program.
    4-2        SECTION 2.  Article 4543b, Revised Statutes, is amended to
    4-3  read as follows:
    4-4        Art. 4543b.  SUNSET PROVISION.  The State Board of Dental
    4-5  Examiners is subject to Chapter 325, Government Code (Texas Sunset
    4-6  Act).  Unless continued in existence as provided by that chapter,
    4-7  the board is abolished September 1, 2005 <1993>.
    4-8        SECTION 3.  Sections 1 and 5, Article 4544, Revised Statutes,
    4-9  are amended to read as follows:
   4-10        Sec. 1.  (a)  It shall be the duty of the Board to provide
   4-11  for the examination of <examine> all applicants for license to
   4-12  practice dentistry in this State.  Each person applying for an
   4-13  examination shall pay to said Board a fee set by the Board and
   4-14  shall be granted a license to practice dentistry in this State upon
   4-15  his satisfactorily passing an examination provided for <given> by
   4-16  said Board on subjects and operations pertaining to dentistry which
   4-17  shall include Anatomy, Physiology, Anaesthesia, Biochemistry,
   4-18  Dental Materials, Diagnosis, Treatment Planning, Ethics,
   4-19  Jurisprudence, Hygiene, Pharmacology, Operative Dentistry, Oral
   4-20  Surgery, Orthodontia, Periodontia, Prosthetic Dentistry, Pathology,
   4-21  Microbiology, and such other subjects as are regularly taught in
   4-22  reputable Dental Schools as the Board may in its discretion
   4-23  require.  The examination shall be given either orally or in
   4-24  writing, or by giving a practical demonstration of the applicant's
   4-25  skill, or by any combination of such methods or subjects as the
   4-26  Board may in its discretion require.  The Board shall contract with
   4-27  an independent or regional testing service for any required
   4-28  clinical examination.  In the event that the Board uses a regional
   4-29  testing service, the Board is authorized to contract for or
   4-30  otherwise use the services of licensed dentists in this state for
   4-31  the purpose of providing assistance to the regional testing
   4-32  service.  The Board shall have the written portion of the
   4-33  examination validated by an independent testing professional.
   4-34        (b)  The Board by rule shall set the number of and conditions
   4-35  for examination retakes.  The Board may require an applicant who
   4-36  fails the examination to meet additional education requirements set
   4-37  by the Board.
   4-38        Sec. 5.  (a)  The Board shall develop a mandatory continuing
   4-39  education program.
   4-40        (b)  The Board by rule shall:
   4-41              (1)  require a licensee to complete at least 36 hours
   4-42  of continuing education in each three-year period to maintain
   4-43  licensure;
   4-44              (2)  identify the key factors that lead to the
   4-45  competent performance of professional duties under this Act;
   4-46              (3)  develop a process to evaluate and approve
   4-47  continuing education courses; and
   4-48              (4)  develop a process to assess a licensee's
   4-49  participation and performance in continuing education courses that
   4-50  will enable the Board to evaluate the overall effectiveness of the
   4-51  program.
   4-52        (c)  The Board is authorized to assess the continuing
   4-53  education needs of licensees and may require licensees to attend
   4-54  continuing education courses specified by the Board <may recognize,
   4-55  prepare, or carry out continuing education programs for persons it
   4-56  licenses or certifies.  Participation in the programs is
   4-57  voluntary>.
   4-58        SECTION 4.  Article 4545a, Revised Statutes, is amended to
   4-59  read as follows:
   4-60        Art. 4545a.  LICENSING BY CREDENTIALS; LICENSING OF
   4-61  FOREIGN-TRAINED DENTISTS <RECIPROCAL ARRANGEMENTS>
   4-62        Sec. 1.  (a)  The State Board of Dental Examiners <may, in
   4-63  the discretion of the Board in each instance>, upon payment by the
   4-64  applicant <for registration> of a fee set by the Board, shall grant
   4-65  a license to practice dentistry or dental hygiene to any reputable
   4-66  dentist or dental hygienist who:
   4-67              (1)  is licensed in good standing as a dentist or
   4-68  dental hygienist in another state, the District of Columbia, or a
   4-69  territory of the United States that has licensing requirements that
   4-70  are substantially equivalent to the requirements of this Act;
    5-1              (2)  has not been the subject of final or pending
    5-2  disciplinary action in any jurisdiction in which the dentist or
    5-3  dental hygienist is or has been licensed;
    5-4              (3)  has graduated from a dental or dental hygiene
    5-5  school accredited by the Commission on Dental Accreditation of the
    5-6  American Dental Association;
    5-7              (4)  has passed a national or other examination
    5-8  recognized by the Board relating to dentistry or dental hygiene;
    5-9              (5)  has successfully completed the Board's
   5-10  jurisprudence examination;
   5-11              (6)  has submitted documentation of current
   5-12  cardiopulmonary resuscitation certification; and
   5-13              (7)  has practiced dentistry or dental hygiene:
   5-14                    (A)  for a minimum of five years immediately
   5-15  prior to applying;
   5-16                    (B)  as a dental educator for a minimum of five
   5-17  years; or
   5-18                    (C)  for two years of obligated service in the
   5-19  state under the National Health Service Corps or other federal
   5-20  scholarship or loan repayment program.
   5-21        (b)  In addition to the qualifications of Subsection (a) of
   5-22  this article, a dentist applicant must be endorsed by the board of
   5-23  dentistry of the jurisdiction of current practice.
   5-24        (c)  The Board must complete the processing of an application
   5-25  for a license not later than the 180th day after all documentation
   5-26  and examination results required by this section have been received
   5-27  by the Board or grant a license to the applicant.
   5-28        Sec. 2.  (a)  The Board, upon payment by the applicant of a
   5-29  fee set by the Board, shall grant a license to a dentist or dental
   5-30  hygienist who has not graduated from a dental or dental hygiene
   5-31  school accredited by the Commission on Dental Accreditation of the
   5-32  American Dental Association if:
   5-33              (1)  the dentist or dental hygienist has practiced for
   5-34  a minimum of five years immediately prior to applying;
   5-35              (2)  the dentist or dental hygienist has not been the
   5-36  subject of final or pending disciplinary action in any jurisdiction
   5-37  in which the dentist or dental hygienist is or has been licensed;
   5-38              (3)  the Board, through a procedure adopted by rule,
   5-39  has determined that the educational qualifications are equivalent
   5-40  to those required to practice dentistry or dental hygiene in the
   5-41  state; and
   5-42              (4)  the dentist or dental hygienist has completed all
   5-43  examinations required by the Board for licensure.
   5-44        (b)  The Board must complete the processing of an application
   5-45  for a license not later than the 180th day after all documentation,
   5-46  the determination of educational equivalency, and examination
   5-47  results required by this section have been received by the Board or
   5-48  grant a license to the applicant <is a graduate of a reputable
   5-49  dental college or has qualified on examination for the certificate
   5-50  of dental qualification for a commission as a dentist in the Armed
   5-51  Forces of the United States and to licentiates of other States or
   5-52  territories having requirements for dental registration and
   5-53  practice equal to those established by this law.  Applications for
   5-54  license under the provisions of this Article shall be in writing
   5-55  and upon a form to be prescribed by the State Board of Dental
   5-56  Examiners.  Said application shall be accompanied by a diploma or a
   5-57  photograph thereof, awarded to the applicant by a reputable dental
   5-58  college, or a certified transcript of the certificate or license or
   5-59  commission issued to the applicant by the Armed Forces of the
   5-60  United States, or by a license or a certified copy of license to
   5-61  practice dentistry, lawfully issued to the applicant by some other
   5-62  State or territory; and shall also be accompanied by an affidavit
   5-63  from an executive officer of the Armed Forces of the United States,
   5-64  the President or Secretary of the Board of Dental Examiners who
   5-65  issued the said license, or by a legally constituted dental
   5-66  registration officer of the State or territory in which the
   5-67  certificate or license was granted upon which the applications for
   5-68  dental registration in Texas is based.  Said affidavit shall recite
   5-69  that the accompanying certificate or license has not been cancelled
   5-70  or revoked except by honorable discharge by the Armed Forces of the
    6-1  United States, and that the statement of qualifications made in the
    6-2  application for dental registration in Texas is true and correct.
    6-3  Applicants for license under the provisions of this Article shall
    6-4  subscribe to an oath in writing which shall be a part of said
    6-5  application, stating that the license, certificate, or authority
    6-6  under which the applicant practiced dentistry in the State or
    6-7  territory from which the applicant removed, was at the time of such
    6-8  removal in full force and not suspended or cancelled; that the
    6-9  applicant is the identical person to whom the said certificate,
   6-10  license, or commission and the said dental diploma were issued, and
   6-11  that no proceeding was pending at the time of such removal, or is
   6-12  at the present time pending against the applicant for the
   6-13  cancellation of such certificate, license or authority to practice
   6-14  dentistry in the State or territory in which the same was issued,
   6-15  and that no prosecution was then, or is at the time of the
   6-16  application, pending against the applicant in any State or Federal
   6-17  Court for any offense which under the law of Texas is a felony>.
   6-18        SECTION 5.  Subsection (a), Section 1, Article 4548f, Revised
   6-19  Statutes, is amended to read as follows:
   6-20        (a)  It shall be unlawful for any person, firm, or
   6-21  corporation to engage in false, misleading, or deceptive
   6-22  advertising arising out of or in connection with the practice of
   6-23  dentistry.  The Board may not adopt rules restricting competitive
   6-24  bidding or advertising by a person regulated by the Board except to
   6-25  prohibit false, misleading, or deceptive practices by the person.
   6-26  The Board may not include in its rules to prohibit false,
   6-27  misleading, or deceptive practices by a person regulated by the
   6-28  Board a rule that:
   6-29              (1)  restricts the use of any medium for advertising;
   6-30              (2)  restricts the person's personal appearance or use
   6-31  of the person's voice in an advertisement;
   6-32              (3)  relates to the size or duration of an
   6-33  advertisement by the person; or 
   6-34              (4)  restricts the person's advertisement under a trade
   6-35  name, except a rule may require that an advertisement under a trade
   6-36  name include the name or names of the dental owner or owners of the
   6-37  practice.  <Provided, however, nothing herein shall be construed to
   6-38  restrict or prohibit:>
   6-39              <(1)  the type of advertising medium;>
   6-40              <(2)  the size or duration of any advertisement;>
   6-41              <(3)  the truthful advertising of prices for any type
   6-42  of dental services;>
   6-43              <(4)  the use of agents or employees in advertising;>
   6-44              <(5)  a person's personal appearance or use of his
   6-45  personal voice in an advertisement.>
   6-46        SECTION 6.  Article 4548h, Revised Statutes, is amended to
   6-47  read as follows:
   6-48        Art. 4548h.  COMPLAINTS; REFUSING, REVOKING, CANCELLING, AND
   6-49  SUSPENDING LICENSES
   6-50        Sec. 1.  (a)  <AUTHORITY TO GRANT LICENSE.>  The State Board
   6-51  of Dental Examiners shall keep an information file about each
   6-52  complaint filed with the Board.  The Board's information file shall
   6-53  be kept current and contain a record for each complaint of:
   6-54              (1)  all persons contacted in relation to the
   6-55  complaint;
   6-56              (2)  a summary of findings made at each step of the
   6-57  complaint process;
   6-58              (3)  an explanation of the legal basis and reason for a
   6-59  complaint that is dismissed; and
   6-60              (4)  other relevant information.
   6-61        (b)  If a written complaint is filed with the Board that the
   6-62  Board has authority to resolve, the Board, at least as frequently
   6-63  as quarterly and until final disposition of the complaint, shall
   6-64  notify the parties to the complaint of the status of the complaint
   6-65  unless the notice would jeopardize an undercover investigation.
   6-66        (c)  The Board by rule shall adopt a form to standardize
   6-67  information concerning complaints made to the Board.  The Board by
   6-68  rule shall prescribe information to be provided to a person when
   6-69  the person files a complaint with the Board.
   6-70        (d)  The Board shall provide reasonable assistance to a
    7-1  person who wishes to file a complaint with the Board.
    7-2        (e)  The Board shall adopt rules concerning the investigation
    7-3  of a complaint filed with the Board.  The rules adopted under this
    7-4  subsection shall:
    7-5              (1)  distinguish between categories of complaints;
    7-6              (2)  ensure that complaints are not dismissed without
    7-7  appropriate consideration;
    7-8              (3)  require that the Board be advised of a complaint
    7-9  that is dismissed and that a letter be sent to the person who filed
   7-10  the complaint explaining the action taken on the dismissed
   7-11  complaint;
   7-12              (4)  ensure that the person who filed the complaint has
   7-13  an opportunity to explain the allegations made in the complaint;
   7-14  and
   7-15              (5)  require that all investigators used by the Board
   7-16  be state employees.
   7-17        (f)  The Board shall dispose of all complaints in a timely
   7-18  manner.  The Board shall establish a schedule for conducting each
   7-19  phase of a complaint that is under the control of the Board.  The
   7-20  schedule shall be kept in the information file for the complaint.
   7-21  A change in the schedule must be noted in the complaint information
   7-22  file.
   7-23        (g)  The Executive Director of the Board shall notify the
   7-24  Board of the number of complaints that extend beyond a two-year
   7-25  time frame for resolution.  The Executive Director shall provide
   7-26  the Board with an explanation of the reasons that the complaints
   7-27  have not been resolved.  The notice and explanation required shall
   7-28  be provided to the Board periodically at regularly scheduled Board
   7-29  meetings.
   7-30        (h)  The Board by rule shall adopt procedures governing:
   7-31              (1)  informal disposition of a contested case under
   7-32  Section 2001.056, Government Code; and
   7-33              (2)  informal proceedings held in compliance with
   7-34  Section 2001.054(c), Government Code.
   7-35        (i)  Rules adopted under this section must provide the
   7-36  complainant, where applicable and permitted by law, an opportunity
   7-37  to be heard, must provide the licensee an opportunity to be heard,
   7-38  and must require the presence of an attorney to advise the Board or
   7-39  the Board's employees.  The attorney must be a member of the
   7-40  Board's legal staff, if the Board has a legal staff.  If the Board
   7-41  does not have a legal staff, the attorney must be an employee of
   7-42  the office of the attorney general.
   7-43        (j)  The Board by rule shall develop a system for monitoring
   7-44  license holders' compliance with the requirements of this Act.
   7-45  Rules adopted under this section shall include procedures for
   7-46  monitoring a license holder who is ordered by the Board to perform
   7-47  certain acts to ascertain that the license holder performs the
   7-48  required acts and to identify and monitor license holders who
   7-49  represent a risk to the public <be and they are hereby authorized
   7-50  to refuse to grant a license to practice dentistry to any person or
   7-51  persons who have been guilty, in the opinion of said Board, of
   7-52  violating any of the provisions of the Statutes of the State of
   7-53  Texas relating to the practice of dentistry, or any provisions of
   7-54  Chapter 9, Title 71, Revised Civil Statutes of Texas, 1925, as
   7-55  amended, within twelve (12) months prior to the filing of an
   7-56  application for such license>.
   7-57        Sec. 2.  <REVOCATION, CANCELLATION, OR SUSPENSION OF
   7-58  LICENSE.>  (a)  The <State> Board <of Dental Examiners> shall
   7-59  revoke, cancel, or suspend any license or licenses that may have
   7-60  been issued by such Board, place on probation a person whose
   7-61  license has been suspended, or reprimand a licensee if in the
   7-62  opinion of a majority of such Board<,> any person or persons to
   7-63  whom a license has been issued by said Board to practice dentistry
   7-64  or dental hygiene in this State<,> shall have, after the issuance
   7-65  of such license, violated any of the provisions of the Statutes of
   7-66  the State of Texas relating to the practice of dentistry or dental
   7-67  hygiene in this State, or any of the provisions of Chapter 9, Title
   7-68  71, Revised <Civil> Statutes <of Texas, 1925, as amended>, or any
   7-69  amendments that may hereafter be made thereto, or a rule of the
   7-70  Board.  All revocations, cancellations, or suspensions of licenses
    8-1  by the <Texas State> Board <of Dental Examiners> shall be made in
    8-2  the manner provided by Chapter 2001, Government Code (<the>
    8-3  Administrative Procedure <and Texas Register> Act <(Article
    8-4  6252-13a, Vernon's Texas Civil Statutes>).
    8-5        (b)  All complaints to be considered by the Board under this
    8-6  article shall be made in writing and<, subscribed and sworn to by
    8-7  the person presenting such complaint, which complaint> shall set
    8-8  out the alleged violations of such Statutes or rules <and declaring
    8-9  it to be the opinion of the person presenting such complaint that
   8-10  the person or persons so accused have so violated said Statutes>.
   8-11        (c)  All complaints under this article as received shall be
   8-12  filed with the Secretary of the Board or an authorized employee of
   8-13  the Board.  All complaints filed with the Board shall be reviewed
   8-14  to determine jurisdiction, and if jurisdiction exists <When a
   8-15  complaint is made by a member of the Board, its agents or
   8-16  employees>, the Secretary of the Board or designee <shall cause
   8-17  such complaint to be docketed on its records in the name of the
   8-18  Texas State Board of Dental Examiners versus the person against
   8-19  whom such complaint has been made, and shall mail a copy of such
   8-20  docketed complaint by registered mail to the accused person under
   8-21  the jurisdiction of the Texas State Board of Dental Examiners
   8-22  charged with having violated such Statutes.  When a complaint is
   8-23  made by others than the members of the Board, its agents or
   8-24  employees, the Board or its duly authorized representative> shall
   8-25  cause an investigation of such complaint to be made to determine
   8-26  the facts in such case.  If<, and if> the facts as determined by
   8-27  such investigation<, in the discretion of the Secretary of the
   8-28  Board,> justify further action, the disposition of the complaint
   8-29  shall comply with this article <the docketing of such complaint for
   8-30  hearing before the Board, then the Secretary of the Board shall
   8-31  cause such complaint to be docketed on its records in the name of
   8-32  the Texas State Board of Dental Examiners versus the person against
   8-33  whom such complaint has been made, and shall mail a copy of such
   8-34  docketed complaint by registered mail to the accused person under
   8-35  the jurisdiction of the Texas State Board of Dental Examiners
   8-36  charged with having violated such Statutes>.
   8-37        (d)  If a licensee suspension is probated, the Board may
   8-38  require the practitioner:
   8-39              (1)  to report regularly to the Board on matters that
   8-40  are the basis of the probation;
   8-41              (2)  to limit practice to the areas prescribed by the
   8-42  Board; or
   8-43              (3)  to continue or review professional education until
   8-44  the practitioner attains a degree of skill satisfactory to the
   8-45  Board in those areas that are the basis of the probation.
   8-46        (e)  If the Board or an executive committee of the Board
   8-47  determines from the evidence or information presented to it that a
   8-48  person licensed under this Act by continuation in practice would
   8-49  constitute a clear, imminent, or continuing threat to a person's
   8-50  physical health or well-being, the Board or the executive committee
   8-51  of the Board shall temporarily suspend the license of that person.
   8-52  The license may be suspended under this section without notice or
   8-53  hearing on the complaint, provided the Board or the executive
   8-54  committee of the Board simultaneously with the temporary suspension
   8-55  requests the State Office of Administrative Hearings to set a date
   8-56  for a hearing on the temporary suspension.  A hearing shall be held
   8-57  not later than fourteen (14) days after the date of the suspension
   8-58  unless a continuance is requested by the licensee.  A second
   8-59  hearing on the suspension shall be held by the State Office of
   8-60  Administrative Hearings within sixty (60) days after the date the
   8-61  suspension was ordered or after the date specified in the
   8-62  continuance requested by the licensee.  The time requirements in
   8-63  this subsection must be adhered to or the suspension is lifted
   8-64  without further order or action.
   8-65        (f)  All complaints considered by the Board must be filed
   8-66  with the Board within four (4) years after the date on which the
   8-67  act occurred or within four (4) years after a complainant
   8-68  discovered, or in the exercise of reasonable diligence should have
   8-69  discovered, the occurrence of the act.
   8-70        Sec. 3.  <APPEAL TO COURT.>  (a)  A person aggrieved by a
    9-1  ruling, order, or decision of the Board under this article has the
    9-2  right to appeal to a district court in the county of his residence
    9-3  or in the county where the alleged offense occurred within thirty
    9-4  (30) days from the service of notice of the action of the <State>
    9-5  Board <of Dental Examiners>.
    9-6        (b)  The appeal having been properly filed, the court may
    9-7  request of the Board and the Board on receiving the request shall
    9-8  within thirty (30) days prepare and transmit to the court a
    9-9  certified copy of its entire record in the matter in which the
   9-10  appeal has been taken.  The appeal shall be tried in accordance
   9-11  with the Texas Rules of Civil Procedure.
   9-12        (c)  <In the event an appeal is taken by a licensee, the
   9-13  appeal shall act as a supersedeas providing the appealing party
   9-14  files a bond as the court may direct, and the court shall dispose
   9-15  of the appeal and enter its decision promptly.>
   9-16        <(d)>  If an aggrieved person fails to perfect an appeal as
   9-17  provided in this section, the Board's ruling shall become final.
   9-18        (d) <(e)>  Review by the court shall be by the substantial
   9-19  evidence rule and not de novo.
   9-20        (e)  The court may, in its discretion, permit a person who
   9-21  files an appeal under this section to stay enforcement of penalty
   9-22  or punishment by giving to the court a supersedeas bond that is
   9-23  approved by the court, unless there is a finding of clear,
   9-24  imminent, or continuing harm to a person's physical health or
   9-25  well-being by the State Office of Administrative Hearings in a
   9-26  hearing held under Section 2(e) of this article.  If the court
   9-27  sustains the occurrence of the violation, the court may uphold the
   9-28  amount of penalty or punishment assessed or may reduce the amount
   9-29  of penalty or punishment assessed.  If the court does not sustain
   9-30  the occurrence of the violation, the court shall order that no
   9-31  penalty or punishment is assessed.
   9-32        Sec. 4.  <ADDITIONAL OFFICES.>  No statute relating to the
   9-33  practice of dentistry in this State shall be construed to prohibit
   9-34  any duly authorized, licensed, and registered dentist from
   9-35  maintaining any number of offices in this State, provided said
   9-36  dentist assumes full legal responsibility and liability for the
   9-37  dental services rendered in such offices and further provided that
   9-38  the dentist complies with such requirements as may be prescribed by
   9-39  the Board in its Rules <and Regulations> for the purpose of
   9-40  protecting the health and safety of the patients receiving dental
   9-41  care at such offices.
   9-42        SECTION 7.  Article 4548i, Revised Statutes, is amended to
   9-43  read as follows:
   9-44        Art. 4548i.  Punishment.  (a)  Any person who shall violate
   9-45  any provision of Chapter 9 <Nine>, Title 71, Revised Statutes,
   9-46  commits an offense.  An offense under this article <section> is a
   9-47  Class A misdemeanor.  If it is shown at a trial of an offense under
   9-48  this article <section> that the defendant was previously convicted
   9-49  under this article <section> of any misdemeanor or if the offense
   9-50  involves practicing without an appropriate license issued by the
   9-51  Board, the offense is a felony of the third degree.  Each day of
   9-52  such violation shall be a separate offense.
   9-53        (b)  Any person who shall violate a provision of Chapter 9,
   9-54  Title 71, Revised Statutes, is liable to the state for a civil
   9-55  penalty in an amount not to exceed $2,500.  Each day a violation
   9-56  continues or occurs is a separate violation for the purpose of
   9-57  imposing a penalty.  On request of the Board, the attorney general
   9-58  or the county attorney or district attorney of the county in which
   9-59  the violation is alleged to have occurred shall file suit to
   9-60  collect the penalty.  A civil penalty collected under this
   9-61  subsection shall be deposited in the state treasury to the credit
   9-62  of the general revenue fund.
   9-63        SECTION 8.  Chapter 9, Title 71, Revised Statutes, is amended
   9-64  by adding Article 4548j to read as follows:
   9-65        Art. 4548j.  ADMINISTRATIVE PENALTY.  (a)  The Board may
   9-66  impose an administrative penalty against a person licensed or
   9-67  regulated under this Act who violates this Act or a rule or order
   9-68  adopted under this Act.
   9-69        (b)  The penalty for a violation may be in an amount not to
   9-70  exceed $5,000.  Each day a violation continues or occurs is a
   10-1  separate violation for purposes of imposing a penalty.
   10-2        (c)  The Executive Director of the Board or a subcommittee of
   10-3  the Board shall determine the amount of the penalty based on a
   10-4  standardized penalty schedule.  Any subcommittee of the Board shall
   10-5  consist of at least one public member of the Board.  The penalty
   10-6  schedule shall be developed by the Board through rule and shall be
   10-7  based on the following criteria:
   10-8              (1)  the seriousness of the violation, including but
   10-9  not limited to the nature, circumstances, extent, and gravity of
  10-10  the prohibited acts, and the hazard or potential hazard created to
  10-11  the health, safety, or welfare of the public;
  10-12              (2)  the economic damage to property or the environment
  10-13  caused by the violation;
  10-14              (3)  the history of previous violations;
  10-15              (4)  the amount necessary to deter future violations;
  10-16              (5)  efforts to correct the violation; and
  10-17              (6)  any other matter that justice may require.
  10-18        (d)  An Executive Director or a subcommittee of the Board who
  10-19  determines that a violation has occurred may issue to the Board a
  10-20  report that states the facts on which the determination is based
  10-21  and the director's or the subcommittee's recommendation on the
  10-22  imposition of a penalty, including a recommendation on the amount
  10-23  of the penalty.
  10-24        (e)  Within 14 days after the date the report is approved by
  10-25  the Board, the Executive Director shall give written notice of the
  10-26  report to the person.  The notice may be given by certified mail.
  10-27  The notice must include a notice of all the alleged violations and
  10-28  a statement of the amount of the recommended penalty and must
  10-29  inform the person that the person has a right to a hearing on the
  10-30  occurrence of the violation, the amount of the penalty, or both the
  10-31  occurrence of the violation and the amount of the penalty.
  10-32        (f)  Within 20 days after the date the person receives the
  10-33  notice, the person in writing may accept the determination and
  10-34  recommended penalty of the Executive Director or subcommittee or
  10-35  may make a written request for a hearing on the occurrence of the
  10-36  violation, the amount of the penalty, or both the occurrence of the
  10-37  violation and the amount of the penalty.
  10-38        (g)  If the person accepts the determination and recommended
  10-39  penalty of the Executive Director or subcommittee, the Board by
  10-40  order shall approve the determination and impose the recommended
  10-41  penalty.
  10-42        (h)  If the person requests a hearing or fails to respond
  10-43  timely to the notice, the Executive Director shall set a hearing
  10-44  and give notice of the hearing to the person.  The hearing shall be
  10-45  held by an administrative law judge of the State Office of
  10-46  Administrative Hearings.  The administrative law judge shall make
  10-47  findings of fact and conclusions of law and promptly issue to the
  10-48  Board a proposal for a decision about the occurrence of the
  10-49  violation and the amount of a proposed penalty.  Based on the
  10-50  findings of fact, conclusions of law, and proposal for a decision,
  10-51  the Board by order may find that a violation has occurred and
  10-52  impose a penalty or may find that no violation occurred.
  10-53        (i)  The notice of the Board's order given to the person
  10-54  under Chapter 2001, Government Code (Administrative Procedure Act),
  10-55  must include a statement of the right of the person to judicial
  10-56  review of the order.
  10-57        (j)  Within 30 days after the date the Board's order is final
  10-58  as provided by Section 2001.144, Government Code, the person shall:
  10-59              (1)  pay the amount of the penalty;
  10-60              (2)  pay the amount of the penalty and file a petition
  10-61  for judicial review contesting the occurrence of the violation, the
  10-62  amount of the penalty, or both the occurrence of the violation and
  10-63  the amount of the penalty; or
  10-64              (3)  without paying the amount of the penalty, file a
  10-65  petition for judicial review contesting the occurrence of the
  10-66  violation, the amount of the penalty, or both the occurrence of the
  10-67  violation and the amount of the penalty.
  10-68        (k)  Within the 30-day period, a person who acts under
  10-69  Subsection (j)(3) of this article may:
  10-70              (1)  stay enforcement of the penalty by:
   11-1                    (A)  paying the amount of the penalty to the
   11-2  court for placement in an escrow account; or
   11-3                    (B)  giving to the court a supersedeas bond that
   11-4  is approved by the court for the amount of the penalty and that is
   11-5  effective until all judicial review of the Board's order is final;
   11-6  or
   11-7              (2)  request the court to stay enforcement of the
   11-8  penalty by:
   11-9                    (A)  filing with the court a sworn affidavit of
  11-10  the person stating that the person is financially unable to pay the
  11-11  amount of the penalty and is financially unable to give the
  11-12  supersedeas bond; and
  11-13                    (B)  sending a copy of the affidavit to the
  11-14  Executive Director by certified mail.
  11-15        (l)  An Executive Director who receives a copy of an
  11-16  affidavit under Subsection (k)(2) of this article may file with the
  11-17  court, within five days after the date the copy is received, a
  11-18  contest to the affidavit.  The court shall hold a hearing on the
  11-19  facts alleged in the affidavit as soon as practicable and shall
  11-20  stay the enforcement of the penalty on finding that the alleged
  11-21  facts are true.  The person who files an affidavit has the burden
  11-22  of proving that the person is financially unable to pay the amount
  11-23  of the penalty and to give the supersedeas bond.
  11-24        (m)  If the person does not pay the amount of the penalty and
  11-25  the enforcement of the penalty is not stayed, the Executive
  11-26  Director may refer the matter to the attorney general for
  11-27  collection of the amount of the penalty.
  11-28        (n)  Judicial review of the order of the Board:
  11-29              (1)  is instituted by filing a petition as provided by
  11-30  Section 2001.176, Government Code; and
  11-31              (2)  is under the substantial evidence rule.
  11-32        (o)  If the court sustains the occurrence of the violation,
  11-33  the court may uphold or reduce the amount of the penalty and order
  11-34  the person to pay the full or reduced amount of the penalty.  If
  11-35  the court does not sustain the occurrence of the violation, the
  11-36  court shall order that no penalty is owed.
  11-37        (p)  When the judgment of the court becomes final, the court
  11-38  shall proceed under this subsection.  If the person paid the amount
  11-39  of the penalty and if that amount is reduced or is not upheld by
  11-40  the court, the court shall order that the appropriate amount plus
  11-41  accrued interest be remitted to the person.  The rate of the
  11-42  interest is the rate charged on loans to depository institutions by
  11-43  the New York Federal Reserve Bank, and the interest shall be paid
  11-44  for the period beginning on the date the penalty was paid and
  11-45  ending on the date the penalty is remitted.  If the person gave a
  11-46  supersedeas bond and if the amount of the penalty is reduced, the
  11-47  court shall order the release of the bond after the person pays the
  11-48  amount.
  11-49        (q)  A penalty collected under this article shall be remitted
  11-50  to the comptroller for deposit in the dental registration account
  11-51  in the state treasury.  These funds may only be used to fund an
  11-52  approved peer assistance program.
  11-53        (r)  All proceedings under this article are subject to
  11-54  Chapter 2001, Government Code (Administrative Procedure Act).
  11-55        (s)  Nothing in this article shall be construed as preventing
  11-56  the Board from assessing an administrative penalty using an
  11-57  informal proceeding governed by the requirements in Article 4548h,
  11-58  Revised Statutes.
  11-59        SECTION 9.  Article 4549, Revised Statutes, is amended to
  11-60  read as follows:
  11-61        Art. 4549.  REFUSAL TO EXAMINE OR ISSUE LICENSE; JUDICIAL
  11-62  SUSPENSIONS AND REVOCATIONS <DISCIPLINARY ACTIONS>
  11-63        Sec. 1.  The <Texas> State Board of Dental Examiners shall
  11-64  have authority to refuse to examine any person or refuse to issue a
  11-65  dental license or a dental hygienist license to any person for any
  11-66  one or more of the following causes:
  11-67        (a)  Proof of presentation to the Board of any dishonest or
  11-68  fake evidence of qualification, or being guilty of any illegality,
  11-69  fraud, or deception in the process of examination, or for the
  11-70  purpose of securing a license or certificate.
   12-1        (b)  Proof of chronic or habitual intoxication or addiction
   12-2  to drugs on the part of the applicant.
   12-3        (c)  Proof that the applicant has been guilty of dishonest or
   12-4  illegal practices in or connected with the practice of dentistry or
   12-5  dental hygiene.
   12-6        (d)  Proof of conviction of the applicant of a felony
   12-7  involving moral turpitude under the laws of this State or any other
   12-8  State or of the United States.
   12-9        (e)  Proof that the applicant violated any of the provisions
  12-10  of the statutes of the State of Texas relating to the practice of
  12-11  dentistry or any provisions of Chapter 9, Title 71, Revised
  12-12  Statutes, within 12 months before the filing of an application for
  12-13  the license.
  12-14        Sec. 2.  <The provisions of this Article relating to the
  12-15  suspension or revocation of a license do not apply to a person
  12-16  convicted of a felony under Chapter 481, Health and Safety Code,
  12-17  Section 485.033, Health and Safety Code, or Chapter 483, Health and
  12-18  Safety Code.>
  12-19        <Sec. 3.>  The <Texas> State Board of Dental Examiners <and
  12-20  the District Courts of this State> shall have <concurrent>
  12-21  jurisdiction and authority, after notice and hearing <as
  12-22  hereinafter provided>, to suspend or revoke a dental license or a
  12-23  dental hygienist license, to place on probation a person whose
  12-24  license or certificate is suspended, or to reprimand a licensee or
  12-25  certificate holder, and in addition to or in lieu of said
  12-26  suspension, revocation, probation, or reprimand, to assess an
  12-27  administrative penalty as provided for in Article 4548j, Revised
  12-28  Statutes, <a fine in an amount not to exceed $2,500 payable to the
  12-29  dental registration fund> for any one or more of the following
  12-30  causes:
  12-31        (a)  Proof of insanity of the holder of a license or
  12-32  certificate, as adjudged by the regularly constituted authorities.
  12-33        (b)  Proof of conviction of the holder of a license or
  12-34  certificate of any felony or a misdemeanor involving fraud under
  12-35  the laws of this State or any other State or of the United States.
  12-36        (c)  That the holder thereof has been or is guilty of
  12-37  dishonorable conduct, malpractice, or gross incompetency in the
  12-38  practice of dentistry or dental hygiene.
  12-39        (d)  That the holder thereof has been or is guilty of any
  12-40  deception or misrepresentation for the purpose of soliciting or
  12-41  obtaining patronage.
  12-42        (e)  That the holder thereof procured a license or
  12-43  certificate through fraud or misrepresentation.
  12-44        (f)  That the holder thereof is addicted to habitual
  12-45  intoxication or the use of drugs.
  12-46        (g)  That a dentist employs or permits or has employed or
  12-47  permitted persons to practice dentistry in the office or offices
  12-48  under his control or management, who were not licensed to practice
  12-49  dentistry.
  12-50        (h)  That the holder thereof has failed to use proper
  12-51  diligence in the conduct of his practice or to safeguard his
  12-52  patients against avoidable infections.
  12-53        (i)  That the holder thereof has failed or refused to comply
  12-54  with any State law relating to the regulation of dentists or dental
  12-55  hygienists.
  12-56        (j)  That the holder thereof has failed or refused to comply
  12-57  with the adopted and promulgated rules and regulations of the
  12-58  Board.
  12-59        (k)  That the holder thereof is physically or mentally
  12-60  incapable of practicing with safety to dental patients.
  12-61        (l)  That the holder thereof has been negligent in the
  12-62  performance of dental services which injured or damaged dental
  12-63  patients.
  12-64        (m)  Proof of suspension, revocation, probation, reprimand,
  12-65  or other restriction by another State of a license or certificate
  12-66  to practice dentistry or dental hygiene based upon acts by the
  12-67  licensee or certificate holder enumerated in this section.
  12-68        (n)  That the holder thereof has knowingly provided or agreed
  12-69  to provide dental care in a manner which violates any provision of
  12-70  federal or State law regulating a plan whereby any person
   13-1  undertakes to provide, arrange for, pay for, or reimburse any part
   13-2  of the cost of any dental care services or regulating the business
   13-3  of insurance.
   13-4        Sec. 3 <4>.  (a)  If the Board proposes to refuse to examine
   13-5  a person, <to suspend or revoke a license or certificate, to place
   13-6  on probation a person whose license or certificate has been
   13-7  suspended, or to reprimand a licensee or certificate holder,> the
   13-8  person is entitled to a hearing before the Board.
   13-9        (b)  The hearing under this section and an appeal from the
  13-10  hearing under this section are governed by Chapter 2001, Government
  13-11  Code (<the> Administrative Procedure <and Texas Register> Act<, as
  13-12  amended (Article 6252-13a, Vernon's Texas Civil Statutes>).
  13-13        <Sec. 5.  (a)  All complaints to be considered by the Board
  13-14  shall be made in writing, subscribed and sworn to by the person
  13-15  presenting such complaint, which complaint shall set out the
  13-16  alleged violations of such Statutes or rules and declaring it to be
  13-17  the opinion of the person presenting such complaint that the person
  13-18  or persons so accused have so violated said Statutes or rules.>
  13-19        <(b)  All complaints as received shall be filed with the
  13-20  Secretary of the Board or an authorized employee of the Board.
  13-21  When a complaint is made by a member of the Board, its agents or
  13-22  employees, the Secretary of the Board or its authorized employee
  13-23  shall cause such complaint to be docketed on its records in the
  13-24  name of the Texas State Board of Dental Examiners versus the person
  13-25  against whom such complaint has been made, and shall mail a copy of
  13-26  such docketed complaint by registered or certified mail to the
  13-27  accused person under the jurisdiction of the Texas State Board of
  13-28  Dental Examiners charged with having violated such Statutes or
  13-29  rules.  When a complaint is made by others than the members of the
  13-30  Board, its agents or employees, the Board or its duly authorized
  13-31  representative shall cause an investigation of such complaint to be
  13-32  made to determine the facts in such case, and if the facts as
  13-33  determined by such investigation, in the discretion of the
  13-34  Secretary of the Board or its authorized employee, justify the
  13-35  docketing of such complaint for hearing before the Board, then the
  13-36  Secretary of the Board or its authorized employee shall cause such
  13-37  complaint to be docketed on its records in the name of the Texas
  13-38  State Board of Dental Examiners versus the person against whom such
  13-39  complaint has been made, and shall mail a copy of such docketed
  13-40  complaint by registered or certified mail to the accused person
  13-41  under the jurisdiction of the Texas State Board of Dental Examiners
  13-42  charged with having violated such Statutes or rules.>
  13-43        <(c)  The Board shall keep an information file about each
  13-44  complaint filed with the Board relating to a licensee or
  13-45  certificate holder.  If a written complaint is filed with the Board
  13-46  relating to a licensee or certificate holder, the Board, at least
  13-47  as frequently as quarterly and until final disposition of the
  13-48  complaint, shall notify the parties to the complaint of the status
  13-49  of the complaint unless the notice would jeopardize an undercover
  13-50  investigation.>
  13-51        <(d)  The Board may request a dental peer review or grievance
  13-52  committee to submit information to the Board about the activities
  13-53  of the committee.>
  13-54        <Sec. 6.  If said Board shall make and enter any order
  13-55  revoking or suspending any person's license or certificate, placing
  13-56  a person on probation, or reprimanding a person as hereinabove
  13-57  provided, the person may take an appeal to the District Court of
  13-58  the County of the residence of the person by filing an appropriate
  13-59  petition for such purpose.  Said cause shall be placed on the
  13-60  docket of said Court in the name of the party or parties filing
  13-61  same, as plaintiff, and the Texas State Board of Dental Examiners,
  13-62  as defendants.>
  13-63        <Sec. 7.  Proceedings before the District Courts of this
  13-64  State shall be as follows:>
  13-65        <It shall be the duty of the several District and County
  13-66  Attorneys of this State, on the request of any member of the Texas
  13-67  State Board of Dental Examiners or by complaint presented to any
  13-68  District Court of the State or county in which such alleged offense
  13-69  occurred, to file and prosecute appropriate judicial proceedings in
  13-70  the name of the State against the person or persons alleged to have
   14-1  so violated such Statute.  Such complaint shall be made in writing
   14-2  and filed in the District Court of the State or county in which the
   14-3  alleged offense occurred, and such complaint shall distinctly set
   14-4  forth the charges and grounds thereof and shall be subscribed and
   14-5  sworn to.  When such complaint is made by any County or District
   14-6  Attorney, as herein provided, it shall be subscribed and sworn to
   14-7  by the prosecutor and shall be filed with the Clerk of the Court.
   14-8  The Court, upon the filing of said complaint, shall order the
   14-9  accused dentist to show cause why his license to practice dentistry
  14-10  in this State shall not be suspended or revoked.>
  14-11        <Citation therein shall be issued in the name of the State of
  14-12  Texas and in manner and form as in other cases and the same shall
  14-13  be served upon the defendant at least twenty (20) days before the
  14-14  trial date set therein.  Upon the return of said citation executed,
  14-15  if the defendant shall appear and deny the charge, the cause shall
  14-16  be docketed for trial and conducted in the name of the State of
  14-17  Texas against the defendant.  A jury of twelve (12) persons shall
  14-18  be summoned as in cases during term time of the court when no
  14-19  regular jury is available and as prescribed by law and shall be
  14-20  impanelled unless waived by the defendant, and the cause shall be
  14-21  tried in like manner as in other civil cases.  If the said accused
  14-22  dentist be found guilty or shall fail to appear and deny the charge
  14-23  after being cited as aforesaid, the Court may by proper order
  14-24  entered on the minutes, suspend his license for a time or revoke
  14-25  and cancel it entirely and may also give proper judgment of cost,
  14-26  from which order an appeal may be taken to the Court of Civil
  14-27  Appeals as in other civil cases.>
  14-28        SECTION 10.  Article 4549b, Revised Statutes, is amended to
  14-29  read as follows:
  14-30        Art. 4549b.  CONSUMER INFORMATION.  (a)  The Board shall
  14-31  prepare information of public <consumer> interest describing the
  14-32  <regulatory> functions of the Board and <describing> the Board's
  14-33  procedures by which <consumer> complaints are filed with and
  14-34  resolved by the Board.  The Board shall make the information
  14-35  available to the general public and appropriate state agencies.
  14-36        (b)  The Board by rule shall establish methods by which
  14-37  consumers and service recipients are notified of the name, mailing
  14-38  address, and telephone number of the Board for the purpose of
  14-39  directing complaints to the Board.  The Board may provide for that
  14-40  notification:
  14-41              (1)  on each registration form, application, brochure,
  14-42  or written contract for services of an individual or entity
  14-43  regulated under this Act;
  14-44              (2)  on a sign prominently displayed in the place of
  14-45  business of each individual or entity regulated under this Act; or
  14-46              (3)  in a bill for service provided by an individual or
  14-47  entity regulated under this Act.
  14-48        (c)  The Board shall list along with its regular telephone
  14-49  number the toll-free telephone number that may be called to present
  14-50  a complaint about a health professional if the toll-free number is
  14-51  established under other state law.
  14-52        SECTION 11.  Sections 1, 2, 3, and 4, Article 4550a, Revised
  14-53  Statutes, are amended to read as follows:
  14-54        Sec. 1.  It shall be the duty of all persons holding a dental
  14-55  license or dental hygienist license issued by the State Board of
  14-56  Dental Examiners<,> to annually apply and to be registered as such
  14-57  practitioners with the State Board of Dental Examiners on or before
  14-58  March 1st of each calendar year.  Each person so registering shall
  14-59  pay in connection with such annual registration for the receipt
  14-60  hereinafter provided for, a fee as determined by said Board
  14-61  according to the needs of said Board, such payment to be made by
  14-62  each person to such Board, and every person so registering shall
  14-63  file with said Board a written application setting forth such facts
  14-64  as the Board may require.  A person holding a dental hygienist
  14-65  license must attach to the application proof of current
  14-66  certification <that the person has successfully completed a course>
  14-67  in cardiopulmonary resuscitation given or approved by the American
  14-68  Heart Association or American Red Cross <not earlier than one year
  14-69  before the date on which the license must be renewed> or, in the
  14-70  event that the person is not physically capable of successfully
   15-1  completing such training, a written statement executed by either a
   15-2  licensed physician or an instructor in cardiopulmonary
   15-3  resuscitation approved by the American Heart Association or
   15-4  American Red Cross that describes such physical incapacity.  In
   15-5  lieu of this requirement for annual cardiopulmonary resuscitation
   15-6  certification, a dental hygienist licensed by the <Texas> State
   15-7  Board of Dental Examiners and residing in a country other than the
   15-8  United States may satisfy this requirement by submitting proof of
   15-9  residence upon the annual date of renewal.  Upon receipt of such
  15-10  applications, accompanied by such fees, said Board, after
  15-11  ascertaining either from its records or other sources deemed by it
  15-12  to be reliable<,> that the applicant holds a valid license or
  15-13  certificate to practice in this State, shall issue to the applicant
  15-14  an annual registration certificate or receipt certifying that he
  15-15  has filed such application and has paid the required fee;
  15-16  provided<,> that the filing of such application, the payment of
  15-17  such fee, and the issuance of such receipt therefor<,> shall not
  15-18  entitle the holder thereof to lawfully practice within the State of
  15-19  Texas unless he in fact holds a license or certificate as such
  15-20  practitioner issued by the State Board of Dental Examiners, as
  15-21  provided by this law, and unless said license or certificate is in
  15-22  full force and effect; and provided further, that in any
  15-23  prosecution for unlawful practice such receipt showing payment of
  15-24  the annual registration fee required by this chapter shall not be
  15-25  treated as evidence that the holder thereof is lawfully entitled to
  15-26  practice.
  15-27        Sec. 2.  (a)  If any person required to register as a
  15-28  practitioner under the provisions hereof shall fail or refuse to
  15-29  apply for such registration and pay such fee on or before the
  15-30  specified date <March 1st> of each calendar year, as hereinabove
  15-31  set forth, his license or certificate to practice issued to him<,>
  15-32  shall thereafter stand suspended so that thereafter in practicing
  15-33  he shall be subject to the penalties imposed by law upon any person
  15-34  unlawfully practicing.
  15-35        (b)  A person may renew an unexpired license or certificate
  15-36  by paying to the Board before the expiration of the license or
  15-37  certificate the required renewal fee.
  15-38        (c)  If a person's license or certificate has been expired
  15-39  for not longer than ninety (90) days, the person may renew it by
  15-40  paying to the Board the required renewal fee and a fee that is
  15-41  one-half of the examination fee for the license or certificate.
  15-42        (d)  If a person's license or certificate has been expired
  15-43  for longer than ninety (90) days but less than one year <two
  15-44  years>, the person may renew it by paying to the Board all unpaid
  15-45  renewal fees and a fee that is equal to the examination fee for the
  15-46  license or certificate.
  15-47        (e)  If a person's license or certificate has been expired
  15-48  for one year <two years> or longer, the person may not renew it,
  15-49  except as provided by Section 2A of this article.  The person may
  15-50  obtain a new license or certificate by submitting to reexamination
  15-51  and complying with the requirements and procedures for obtaining an
  15-52  original license or certificate.  However, the Board may adopt
  15-53  rules providing for renewal without reexamination of an expired
  15-54  license of a person who was licensed in this state, moved to
  15-55  another state, and is currently licensed and has been in practice
  15-56  in the other state for the two years preceding application.  The
  15-57  person must pay to the Board a fee that is equal to the examination
  15-58  fee for the license.
  15-59        (f)  At least thirty (30) days before the expiration of a
  15-60  person's license, the <The> Board shall send written notice of the
  15-61  impending license expiration to the person at the licensee's last
  15-62  known address according to the records of the Board <must notify
  15-63  each licensee in writing of that licensee's impending license
  15-64  expiration 30 days prior to said expiration and shall attempt to
  15-65  obtain from the licensee signed receipt confirming receipt of
  15-66  notification>.
  15-67        (g)  Provided, however, that the requirements governing the
  15-68  payment of the annual registration fees and penalties for late
  15-69  registration shall not apply to licensees who are on active duty
  15-70  with the Armed Forces of the United States of America<,> and are
   16-1  not engaged in private or civilian practice.
   16-2        (h)  The Board by rule may adopt a system under which
   16-3  licenses expire on various dates during the year.  For the year in
   16-4  which the license expiration date is changed, license fees payable
   16-5  on March 1 shall be prorated on a monthly basis so that each
   16-6  licensee shall pay only that portion of the license fee that is
   16-7  allocable to the number of months during which the license is
   16-8  valid.  On renewal of the license on the new expiration date, the
   16-9  total license renewal fee is payable.
  16-10        Sec. 3.  (a)  All funds collected by the State Board of
  16-11  Dental Examiners under this Act shall be placed in the State
  16-12  Treasury every thirty (30) days, as collected, to the credit of a
  16-13  special account in the state treasury <fund> to be known as the
  16-14  dental registration account, <"Dental Registration Fund,"> and all
  16-15  expenditures from this account <fund> shall be on order of the
  16-16  State Board of Dental Examiners, on warrants issued by the State
  16-17  Comptroller for the purposes and in the amounts fixed by the
  16-18  Legislature in the General Appropriations Bills.
  16-19        (b)  The financial transactions of the Board are subject to
  16-20  audit by the state auditor in accordance with Chapter 321,
  16-21  Government Code.
  16-22        (c)  The <On or before the first day of January each year,
  16-23  the> Board shall file annually with <make in writing a complete and
  16-24  detailed report accounting for all funds received and disbursed by
  16-25  the Board/commission during the preceding year to> the governor and
  16-26  with <to> the presiding officer of each house of the legislature a
  16-27  complete and detailed written report accounting for all funds
  16-28  received and disbursed by the Board during the preceding fiscal
  16-29  year.  The annual report must be in the form and reported in the
  16-30  time provided by the General Appropriations Act.
  16-31        (d)  The State Board of Dental Examiners shall be authorized
  16-32  to employ and to compensate from the dental registration account
  16-33  <such special funds> employees and such other persons as may be
  16-34  found necessary to assist the local prosecuting officers of any
  16-35  county in the enforcement of all laws of the State prohibiting the
  16-36  unlawful practice of dentistry, and to carry out the other purposes
  16-37  for which said account <fund> is hereby appropriated.  Provided,
  16-38  that all such prosecutions shall be subject to the direction and
  16-39  control of the regularly and duly constituted prosecuting officers,
  16-40  and nothing in this Act shall be construed as depriving them of any
  16-41  authority vested in them by law.
  16-42        Sec. 4.  (a)  To aid the Board in performing its duties, the
  16-43  Board is hereby authorized to employ an Executive <Secretary or>
  16-44  Director who shall receive a salary to be fixed by the Board, and
  16-45  who shall make and file a surety bond in a sum not less than Five
  16-46  Thousand Dollars ($5,000) conditioned for the faithful performance
  16-47  of all the duties of the <his> office and the safekeeping and
  16-48  proper disbursement of the dental registration account <said
  16-49  "Dental Registration Fund"> and all other funds received by the
  16-50  Executive Director <coming into his hands>; such salary shall be
  16-51  paid out of the dental registration account <said "Dental
  16-52  Registration Fund"> and shall not be in any way a charge upon the
  16-53  general revenue of the State.  The Executive Director, with the
  16-54  consent of the Board, may employ an Assistant Executive Director
  16-55  who shall perform all the duties required by law to be performed by
  16-56  the Executive Director when said Executive Director is absent or
  16-57  unable to act for any reason.  Said Board shall employ and provide
  16-58  such other employees as may be needed to assist the Executive
  16-59  <Secretary or> Director in performing the Executive Director's
  16-60  <his> duties and in carrying out the purposes of this Act, provided
  16-61  that their compensation shall be paid only out of the dental
  16-62  registration account. <said "Dental Registration Fund.">  All
  16-63  disbursements from the dental registration account <"Dental
  16-64  Registration Fund"> shall be made only upon the written approval of
  16-65  the President of the Board, Secretary of said Board, or an employee
  16-66  designated by the Board and upon warrants drawn by the Comptroller
  16-67  to be paid out of said account <fund>.
  16-68        (b)  The Executive Director or the Executive Director's <his>
  16-69  designee shall develop <within one year of the effective date of
  16-70  this Act> an intraagency career ladder program.  The program shall
   17-1  require<, one part of which shall be> the intraagency posting of
   17-2  all nonentry level positions concurrently with <for at least ten
   17-3  (10) days prior to> any public posting.
   17-4        (c)  The Executive Director or the Executive Director's <his>
   17-5  designee shall develop <within one year of the effective date of
   17-6  this Act> a system of annual performance evaluations.  All <based
   17-7  on measurable job tasks.  Within two years of the effective date of
   17-8  this Act all> merit pay for Board employees <authorized by the
   17-9  Executive Director> must be based on the system established under
  17-10  <by> this section.
  17-11        (d)  The Executive Director or the Executive Director's
  17-12  designee shall prepare and maintain a written policy statement to
  17-13  ensure implementation of a program of equal employment opportunity
  17-14  under which all personnel transactions are made without regard to
  17-15  race, color, disability, sex, religion, age, or national origin.
  17-16  The policy statement must include:
  17-17              (1)  personnel policies, including policies relating to
  17-18  recruitment, evaluation, selection, appointment, training, and
  17-19  promotion of personnel that are in compliance with requirements of
  17-20  Chapter 21, Labor Code;
  17-21              (2)  a comprehensive analysis of the Board work force
  17-22  that meets federal and state guidelines;
  17-23              (3)  procedures by which a determination can be made of
  17-24  significant underutilization in the Board work force of all persons
  17-25  for whom federal or state guidelines encourage a more equitable
  17-26  balance; and
  17-27              (4)  reasonable methods to appropriately address those
  17-28  areas of significant underutilization.
  17-29        (e)  A policy statement prepared under Subsection (d) of this
  17-30  section must cover an annual period, be updated annually and
  17-31  reviewed by the Commission on Human Rights for compliance with
  17-32  Subdivision (1) of Subsection (d) of this section, and be filed
  17-33  with the governor's office.
  17-34        (f)  The governor's office shall deliver a biennial report to
  17-35  the legislature based on the information received under Subsection
  17-36  (e) of this section.  The report may be made separately or as a
  17-37  part of other biennial reports made to the legislature.
  17-38        (g)  The Board shall develop and implement policies that
  17-39  clearly define the respective responsibilities of the Board and the
  17-40  staff of the Board.
  17-41        (h)  The Board shall prepare and maintain a written plan that
  17-42  describes how a person who does not speak English can be provided
  17-43  reasonable access to the Board's programs.  The Board shall also
  17-44  comply with federal and state laws for program and facility
  17-45  accessibility.
  17-46        (i)  The Board shall develop and implement policies that
  17-47  provide the public with a reasonable opportunity to appear before
  17-48  the Board and to speak on any issue under the jurisdiction of the
  17-49  Board.
  17-50        SECTION 12.  Article 4551, Revised Statutes, is amended to
  17-51  read as follows:
  17-52        Art. 4551.  FEES AND EXPENSES.  (a)  Each member of the Board
  17-53  is entitled to a per diem as set by legislative appropriation for
  17-54  each day that the member engages in the business of the Board.  A
  17-55  member may <not> receive reimbursement <any compensation> for
  17-56  travel expenses, including expenses for meals and lodging, incurred
  17-57  in performing an official duty <other than transportation expenses.
  17-58  A member is entitled to compensation for transportation expenses>
  17-59  as prescribed by the General Appropriations Act.
  17-60        (b)  The Board shall establish reasonable and necessary fees
  17-61  so that the fees, in the aggregate, produce sufficient revenue to
  17-62  cover the cost of administering <for the administration of> this
  17-63  Act <in amounts not to exceed:>
  17-64              <(1)  dental examination fee:  $150;>
  17-65              <(2)  dental hygiene examination fee:  $75;>
  17-66              <(3)  annual renewal fees:>
  17-67                    <dentists:  $100,>
  17-68                    <dental hygienists:  $70,>
  17-69                    <dental labs:  $125;>
  17-70              <(4)  reciprocal registration fee:  $200;>
   18-1              <(5)  duplicate license fee:  $15;>
   18-2              <(6)  duplicate registration certificates:  $15>.
   18-3        The Board may not set a fee at an amount less than the amount
   18-4  of that fee on September 1, 1993 <shall not maintain unnecessary
   18-5  fund balances, and fee amounts shall be set in accordance with this
   18-6  requirement>.
   18-7        SECTION 13.  Section 4A, Chapter 475, Acts of the 52nd
   18-8  Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
   18-9  is amended to read as follows:
  18-10        Sec. 4A.  DENTAL HYGIENE ADVISORY COMMITTEE.  (a)  The Dental
  18-11  Hygiene Advisory Committee is hereby established.
  18-12        (b)(1)  The Dental Hygiene Advisory Committee shall be
  18-13  composed <consist> of six members as follows:
  18-14                    (A)  three dental hygienists appointed by the
  18-15  governor;
  18-16                    (B)  two public members appointed by the
  18-17  governor; and
  18-18                    (C)  one dentist <not more than eight dental
  18-19  hygienists> appointed by the <Texas> State Board of Dental
  18-20  Examiners.
  18-21              (2)  Members <A member> of the <such> advisory
  18-22  committee shall serve staggered six-year terms <for a term of three
  18-23  years expiring on May 1 of the third year of the member's term.
  18-24  After the expiration of a member's term, the member shall continue
  18-25  to serve until the date a successor is appointed and has qualified.
  18-26  A person may not be appointed to serve for more than one full
  18-27  term>.
  18-28              (3)  The advisory committee shall elect a chair from
  18-29  among its members to serve a term of one year.
  18-30              (4)  No sitting member of the State Board of Dental
  18-31  Examiners shall be a member of the advisory committee.
  18-32        (c)  The advisory committee shall advise the <Texas> State
  18-33  Board of Dental Examiners on matters relating to dental hygiene.
  18-34  In order to assure that the advisory committee is able to exercise
  18-35  properly its advisory powers, the <Texas> State Board of Dental
  18-36  Examiners shall provide the advisory committee with timely notice
  18-37  of all Board meetings and a copy of the minutes of all Board
  18-38  meetings.  In addition, the Board shall not adopt any rule relating
  18-39  to the practice of dental hygiene unless said proposed rule has
  18-40  been submitted to the advisory committee for review and comment at
  18-41  least thirty (30) days prior to the adoption of said rule.
  18-42        (d)  A member of the advisory committee is entitled to the
  18-43  compensatory per diem set by the General Appropriations Act for
  18-44  each day that the member engages in committee business.  Except for
  18-45  transportation expenses, a member is not entitled to reimbursement
  18-46  for travel expenses.  A member is entitled to reimbursement for
  18-47  transportation expenses as provided by the General Appropriations
  18-48  Act.
  18-49        SECTION 14.  Section 5, Chapter 475, Acts of the 52nd
  18-50  Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
  18-51  is amended to read as follows:
  18-52        Sec. 5.  Examination.  (a)  It shall be the duty of the Board
  18-53  to provide for the examination of all <The Texas State Board of
  18-54  Dental Examiners shall hold meetings at such times and places as
  18-55  the Board shall designate for the purpose of examining> qualified
  18-56  applicants for licensure as dental hygienists in this State.  All
  18-57  applicants for examination shall pay a fee set by the Board to said
  18-58  Board as determined by said Board according to its needs and shall
  18-59  apply upon forms furnished by the Board and shall furnish such
  18-60  other information as the Board may in its discretion require to
  18-61  determine any applicant's qualifications.  An applicant must attach
  18-62  to the application proof that the applicant has successfully
  18-63  completed a current course in cardiopulmonary resuscitation given
  18-64  or approved by the American Heart Association or American Red Cross
  18-65  <not earlier than one year> before the date on which the applicant
  18-66  submits the application or, in the event that the applicant is not
  18-67  physically capable of successfully completing such training, a
  18-68  written statement executed by either a licensed physician or an
  18-69  instructor in cardiopulmonary resuscitation approved by the
  18-70  American Heart Association or American Red Cross that describes
   19-1  such physical incapacity.  <The Board shall have authority to
   19-2  employ the services of such examiners and clerks as may be needed
   19-3  to aid the Board in the performance of such duties.>  The
   19-4  examination shall be taken by all applicants on such subjects and
   19-5  operations pertaining to dentistry and dental hygiene which shall
   19-6  include Dental Anatomy, Pharmacology, X-Ray, Ethics, Jurisprudence,
   19-7  and Hygiene, and such other subjects as are regularly taught in
   19-8  reputable schools of dentistry and dental hygiene, as the Board in
   19-9  its discretion may require. The examination shall be given orally
  19-10  or in writing, or by giving a practical demonstration of the
  19-11  applicant's skill or by any combination of such methods or subjects
  19-12  as the Board may in its discretion require. The Board shall
  19-13  contract with an independent or regional testing service for any
  19-14  required clinical examination.  In the event that the Board uses a
  19-15  regional testing service, the Board is authorized to contract for
  19-16  or otherwise use the services of licensed dental hygienists in this
  19-17  State for the purpose of providing assistance to the regional
  19-18  testing service.  The Board shall have the written portion of the
  19-19  examination validated by an independent testing professional.   The
  19-20  Board shall <grade each applicant upon the various phases of the
  19-21  examination and shall> report such grades to the applicant within a
  19-22  reasonable time after such examination, and each applicant who has
  19-23  satisfactorily passed all phases of the examination as determined
  19-24  by the Board shall be entitled to and shall be issued a license
  19-25  permitting such applicant to practice dental hygiene in the State
  19-26  of Texas as is defined and regulated by the law of this State.
  19-27        (b)  The Board by rule shall set the number of and conditions
  19-28  for examination retakes.  The Board may require an applicant who
  19-29  fails the examination to meet additional education requirements set
  19-30  by the Board.
  19-31        SECTION 15.  Chapter 475, Acts of the 52nd Legislature, 1951
  19-32  (Article 4551e, Vernon's Texas Civil Statutes), is amended by
  19-33  adding Section 5A to read as follows:
  19-34        Sec. 5A.  CONTINUING EDUCATION.  (a)  The State Board of
  19-35  Dental Examiners shall develop a mandatory continuing education
  19-36  program for persons licensed under this Act.
  19-37        (b)  The State Board of Dental Examiners by rule shall:
  19-38              (1)  require a licensee to complete at least 36 hours
  19-39  of continuing education in each three-year period to maintain
  19-40  licensure;
  19-41              (2)  identify the key factors that lead to the
  19-42  competent performance of professional duties under this Act;
  19-43              (3)  develop a process to evaluate and approve
  19-44  continuing education courses; and
  19-45              (4)  develop a process to assess a licensee's
  19-46  participation and performance in continuing education courses that
  19-47  will enable the Board to evaluate the overall effectiveness of the
  19-48  program.
  19-49        (c)  The State Board of Dental Examiners is authorized to
  19-50  assess the continuing education needs of licensees and may require
  19-51  licensees to attend continuing education courses specified by the
  19-52  Board.
  19-53        SECTION 16.  Subsection (a), Section (6), Article 4551f,
  19-54  Revised Statutes, is amended to read as follows:
  19-55        (a)  It shall be the duty of the owner or manager of each
  19-56  dental laboratory to annually apply to and register each dental
  19-57  laboratory doing business in this State with which that person has
  19-58  any connection or interest with the <Texas> State Board of Dental
  19-59  Examiners and to pay in connection with such application a fee as
  19-60  determined by the Board according to the needs of the Board to the
  19-61  dental registration account <Dental Registration Fund>.  The
  19-62  application must include proof satisfactory to the Board that the
  19-63  dental laboratory has working on the premises at least one dental
  19-64  technician who is certified by a nationally recognized board of
  19-65  certification for dental technology and must set forth other facts
  19-66  as the Board may require, including the names and addresses of each
  19-67  dental technician employed by said dental laboratory.
  19-68        SECTION 17.  Section (7), Article 4551f, Revised Statutes, is
  19-69  amended to read as follows:
  19-70        (7).  (a)  In this section, "person" means an individual,
   20-1  corporation, association, partnership, or other private legal
   20-2  entity.
   20-3        (b)  A person other than a dental laboratory or dental
   20-4  technician may not fill a prescription for the preparation or
   20-5  repair of a dental prosthetic appliance that is to be delivered by
   20-6  a licensed dentist to a dental patient.  <At the time the dental
   20-7  prosthetic appliance is delivered to the dentist, the dental
   20-8  laboratory that prepared or repaired the appliance must provide the
   20-9  dentist its registration number as assigned by the Board and the
  20-10  expiration date of its certificate of registration.  The dental
  20-11  laboratory must provide the number in writing.>
  20-12        (c)  A person may not offer or undertake to operate a dental
  20-13  laboratory or to provide the services described in Section (1) of
  20-14  this article unless the person holds a certificate of registration
  20-15  issued by the Board.
  20-16        (d)  At the time the dental prosthetic appliance is delivered
  20-17  to the dentist, the dental laboratory that prepared or repaired the
  20-18  appliance must provide the dentist its registration number as
  20-19  assigned by the Board and the expiration date of its certificate of
  20-20  registration.  The dental laboratory must provide the number in
  20-21  writing.
  20-22        (e)  A dentist may not knowingly prescribe, order, or receive
  20-23  a dental prosthetic appliance that is to be prepared or has been
  20-24  prepared by an unregistered dental laboratory.  <A dentist who
  20-25  violates this subsection commits an offense.  Except as provided by
  20-26  Subsection (f) of this section, an offense under this subsection is
  20-27  a Class C misdemeanor.>
  20-28        (f) <(e)>  A person who violates a subsection <Subsection (b)
  20-29  or (c)> of this section commits an offense.  An <Except as provided
  20-30  by Subsection (f) of this section, an> offense under Subsection (b)
  20-31  or (c) of this section is a third degree felony.  An offense under
  20-32  Subsection (d) or (e) of this section <subsection> is a Class C
  20-33  misdemeanor.
  20-34        (g) <(f)>  If it is shown on the trial of an offense under
  20-35  this section that the defendant has previously been convicted under
  20-36  Subsection (d) or (e) of this section, an offense <under this
  20-37  section> is a Class A misdemeanor.
  20-38        SECTION 18.  Chapter 9, Title 71, Revised Statutes, is
  20-39  amended by adding Article 4551n to read as follows:
  20-40        Art. 4551n.  EMPLOYMENT OF DENTISTS.  (a)  The Board shall,
  20-41  on a form and under rules adopted by the Board, approve and certify
  20-42  any health organization to employ dentists upon application by the
  20-43  organization and presentation of satisfactory proof to the Board
  20-44  that the organization:
  20-45              (1)  is a nonprofit corporation under the Texas
  20-46  Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
  20-47  Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code
  20-48  of 1986 (26 U.S.C. Section 501); and
  20-49              (2)  is organized and operated as a migrant, community,
  20-50  or homeless health center under the authority of and in compliance
  20-51  with 42 U.S.C. Section 254b, 254c, or 256 to contract with or
  20-52  employ dentists licensed by the Board.
  20-53        (b)  Any dentist providing dental services under Subsection
  20-54  (a) of this article shall provide those services free of charge or
  20-55  at a reduced fee commensurate with the patient's ability to pay in
  20-56  strict compliance with the applicable provisions of 42 U.S.C.
  20-57  Section 254b, 254c, or 256.
  20-58        (c)  The Board may, at its discretion, refuse to approve or
  20-59  certify any such health organization making application to the
  20-60  Board if in the Board's determination the applying nonprofit
  20-61  corporation is established or organized or operated in
  20-62  contravention of or with the intent to circumvent any provision of
  20-63  this Act.
  20-64        SECTION 19.  Subsections (c) and (d), Section 467.0041,
  20-65  Health and Safety Code, are amended to read as follows:
  20-66        (c)  The board may collect a fee of not more than $50 each
  20-67  month from a participant in an approved peer assistance program.
  20-68  Fees collected under this subsection shall be remitted to the state
  20-69  treasurer for deposit to the credit of the dental registration
  20-70  account <fund no. 86>.
   21-1        (d)  Subject to the General Appropriations Act, the board may
   21-2  use the fees and surcharges collected under this section and fines
   21-3  collected in the enforcement of Chapter 9, Title 71, Revised
   21-4  Statutes, and that are deposited in the dental registration account
   21-5  <fund no. 86>, to fund an approved program and to pay the
   21-6  administrative costs incurred by the board that are related to the
   21-7  program.
   21-8        SECTION 20.  Subsection (b), Article 4551d, Revised Statutes,
   21-9  is repealed.
  21-10        SECTION 21.  (a)  The State Board of Dental Examiners is
  21-11  reestablished.
  21-12        (b)  There is hereby appropriated to the State Board of
  21-13  Dental Examiners from the General Revenue Fund for the fiscal
  21-14  biennium ending August 31, 1995, the amount of $206,168.
  21-15        (c)  Funds received under Section 3, Article 4550a, Revised
  21-16  Statutes, shall be deposited in the state treasury to the credit of
  21-17  a special account to be named the dental registration account.  Any
  21-18  unexpended funds transferred to the General Revenue Fund from the
  21-19  Dental Registration Fund under the operation of Subsection (c),
  21-20  Section 325.017, Government Code, shall be deposited to the credit
  21-21  of the dental registration account.
  21-22        SECTION 22.  On the first day of the first calendar month
  21-23  following the effective date of this Act:
  21-24              (1)  all personnel relocated to other state agencies
  21-25  after August 31, 1994, as a result of the abolition of the State
  21-26  Board of Dental Examiners through the operation of Chapter 325,
  21-27  Government Code (Texas Sunset Act), who are still performing duties
  21-28  related to the regulation of the dental health professions shall be
  21-29  retransferred to the State Board of Dental Examiners;
  21-30              (2)  any property or records transferred to the General
  21-31  Services Commission or other entity as a result of the abolition of
  21-32  the State Board of Dental Examiners is retransferred to the State
  21-33  Board of Dental Examiners; and
  21-34              (3)  any state agency designated to carry out the
  21-35  covenants of the bonds and other obligations of the State Board of
  21-36  Dental Examiners shall retransfer the funds authorizing the bonds
  21-37  or other obligations, if any, and the duty to carry out the
  21-38  covenants of the bonds and other obligations to the State Board of
  21-39  Dental Examiners.
  21-40        SECTION 23.  The person serving as the Chief Coordinator of
  21-41  the Dental Information Resource Center of the Health Professions
  21-42  Council on January 1, 1995, shall serve as the interim executive
  21-43  director of the State Board of Dental Examiners.  The interim
  21-44  executive director shall serve from the date the State Board of
  21-45  Dental Examiners is reestablished under this Act until the date
  21-46  that all the new members of the board have been qualified and the
  21-47  board acts to employ an executive director as authorized by Section
  21-48  4, Article 4550a, Revised Statutes.  The interim executive director
  21-49  shall have all the powers and duties of the executive director
  21-50  enumerated in the Dental Practice Act, Chapter 9, Title 71, Revised
  21-51  Statutes.  In addition to the powers and duties enumerated in the
  21-52  Dental Practice Act, Chapter 9, Title 71, Revised Statutes, the
  21-53  interim executive director shall be responsible for coordinating
  21-54  procedures with other agencies necessary for the reestablishment of
  21-55  the State Board of Dental Examiners.
  21-56        SECTION 24.  All rules of the State Board of Dental Examiners
  21-57  that were in existence on August 31, 1994, shall be the rules of
  21-58  the State Board of Dental Examiners on the date the board is
  21-59  reestablished under this Act.  All decisions and orders rendered or
  21-60  issued by the State Board of Dental Examiners prior to September 1,
  21-61  1994, remain valid and enforceable.
  21-62        SECTION 25.  (a)  The governor shall appoint the members of
  21-63  the State Board of Dental Examiners as provided in Article 4543a,
  21-64  Revised Statutes, as amended by this Act, as soon as possible but
  21-65  in no event later than 90 days from the effective date of this Act,
  21-66  as follows:
  21-67              (1)  for the dentist members, three members for terms
  21-68  expiring February 1, 1997; four members for terms expiring
  21-69  February 1, 1999; and three members for terms expiring February 1,
  21-70  2001;
   22-1              (2)  for the dental hygienist members, one member for a
   22-2  term expiring February 1, 1997; and one member for a term expiring
   22-3  February 1, 2001; and
   22-4              (3)  for the public members, two members for terms
   22-5  expiring February 1, 1997; two members for terms expiring
   22-6  February 1, 1999; and two members for terms expiring February 1,
   22-7  2001.
   22-8        (b)  The initial members of the State Board of Dental
   22-9  Examiners appointed under this section shall not be required to
  22-10  complete the training course prescribed by Section 6, Article
  22-11  4543a, Revised Statutes, as added by this Act, prior to their
  22-12  assumption of board duties or their confirmation by the senate.
  22-13  The initial members must complete the training course required by
  22-14  Subsection (b), Section 6, Article 4543a, Revised Statutes, as
  22-15  added by this Act, within 12 months of the effective date of this
  22-16  Act.
  22-17        SECTION 26.  The governor and the State Board of Dental
  22-18  Examiners shall appoint the members of the  Dental Hygiene Advisory
  22-19  Committee as specified in Section 4A, Chapter 475, Acts of the 52nd
  22-20  Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
  22-21  as amended by this Act, as soon as possible after the
  22-22  reestablishment of the State Board of Dental Examiners.  In making
  22-23  the appointments to the Dental Hygiene Advisory Committee, the
  22-24  governor shall designate one dental hygienist member for a term
  22-25  expiring February 1, 1997; one dental hygienist member for a term
  22-26  expiring February 1, 1999; one dental hygienist member for a term
  22-27  expiring February 1, 2001; one public member for a term expiring
  22-28  February 1, 1997; and one public member for a term expiring
  22-29  February 1, 1999.  The State Board of Dental Examiners shall
  22-30  appoint one dentist to the Dental Hygiene Advisory Committee for a
  22-31  term expiring February 1, 2001.
  22-32        SECTION 27.  (a)  The Dental Hygiene Advisory Committee shall
  22-33  develop and recommend rules to the State Board of Dental Examiners
  22-34  that establish licensure qualification and educational requirements
  22-35  for dental hygienists.
  22-36        (b)  On receiving the recommendations of proposed rules
  22-37  developed as provided in Subsection (a) of this section, the State
  22-38  Board of Dental Examiners must approve or reject the proposed
  22-39  rules.  If the State Board of Dental Examiners does not approve a
  22-40  rule developed by the Dental Hygiene Advisory Committee, the board
  22-41  shall indicate to the advisory committee the reasons that the rule
  22-42  was not approved and return the rule to the advisory committee for
  22-43  further development.  The State Board of Dental Examiners is the
  22-44  final authority on all rules.
  22-45        (c)  This section expires three years from the effective date
  22-46  of this Act.
  22-47        SECTION 28.  The State Board of Dental Examiners shall not
  22-48  establish a date on which the Dental Hygiene Advisory Committee is
  22-49  abolished as provided by Subsection (a), Section 8, Article
  22-50  6252-33, Revised Statutes, prior to the expiration of four years
  22-51  after the effective date of this Act.
  22-52        SECTION 29.  The changes in law made by this Act relating to
  22-53  a penalty that may be imposed apply only to a violation of the
  22-54  Dental Practice Act, Chapter 9, Title 71, Revised Statutes, or a
  22-55  rule adopted by the State Board of Dental Examiners that occurs on
  22-56  or after the effective date of this Act.  A violation occurs on or
  22-57  after the effective date of this Act only if each element of the
  22-58  violation occurs on or after that date.  A violation that occurs
  22-59  before the effective date of this Act is governed by the law in
  22-60  effect on the date the violation occurred, and the former law is
  22-61  continued in effect for this purpose.
  22-62        SECTION 30.  The importance of this legislation and the
  22-63  crowded condition of the calendars in both houses create an
  22-64  emergency and an imperative public necessity that the
  22-65  constitutional rule requiring bills to be read on three several
  22-66  days in each house be suspended, and this rule is hereby suspended,
  22-67  and that this Act take effect and be in force from and after its
  22-68  passage, and it is so enacted.
  22-69                               * * * * *