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 * * * * *