By: Moncrief S.B. No. 1084
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of dental laboratories.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (a), Section 5, Article 4551f, Revised
1-4 Statutes, is amended to read as follows:
1-5 (a) A dentist legally engaged in the practice of dentistry
1-6 in this state may perform for compensation a service listed in
1-7 Section 1 of this article only for a patient of that dentist or for
1-8 a patient of a professional corporation or partnership of which
1-9 that dentist is an officer, partner, or employee and said dentist
1-10 and his employees and the employees of the professional corporation
1-11 or partnership shall be exempt from the provisions of this article
1-12 when performing such service, provided the service is performed by
1-13 the dentist or the employees on the premises within which the
1-14 dentist practices dentistry.
1-15 SECTION 2. Section (6), Article 4551f, Revised Statutes, is
1-16 amended by adding Subsections (d) and (e) to read as follows:
1-17 (d) The owner of a dental laboratory registered with the
1-18 Board on September 1, 1987, is not required to submit proof that
1-19 the laboratory has at least one certified dental technician
1-20 employed by and working on the premises of the laboratory if:
1-21 (1) the registration of the laboratory has been
1-22 continuous since that date and all registration fees have been
1-23 paid;
2-1 (2) the beneficial ownership of at least 51 percent of
2-2 the laboratory has not been transferred; and
2-3 (3) the owner is employed on the premises of the
2-4 laboratory not less than 30 hours each week.
2-5 (e) A dental laboratory owned by a dentist or a professional
2-6 corporation or partnership of which that dentist is an officer,
2-7 partner, or employee legally engaged in the practice of dentistry
2-8 in this state shall be exempt from the provisions of this article
2-9 which require that a dental laboratory have at least one dental
2-10 technician working on the premises who is certified by a nationally
2-11 recognized board of certification for dental technology, provided
2-12 the dental laboratory is located on the premises within which the
2-13 dentist practices dentistry. However, this exemption shall not
2-14 apply to a dental laboratory owned by a dentist or a professional
2-15 corporation or partnership of which that dentist is an officer,
2-16 partner, or employee legally engaged in the practice of dentistry
2-17 in this state if the laboratory employs more than two dental
2-18 technicians.
2-19 SECTION 3. Section (8), Article 4551f, Revised Statutes, is
2-20 amended by amending Subsection (b) and adding Subsection (f) to
2-21 read as follows:
2-22 (b) The Board may not exercise rule-making authority
2-23 regarding dental laboratories except in the following areas:
2-24 (1) processing registration applications;
2-25 (2) prescribing the form and content of registration
3-1 applications and other forms required to administer this article;
3-2 (3) prescribing fees necessary to administer this
3-3 article;
3-4 (4) prescribing renewal procedures for certificates of
3-5 registration;
3-6 (5) monitoring records as necessary to administer this
3-7 article; <and>
3-8 (6) adopting continuing education requirements for
3-9 dental technicians employed by dental laboratories;
3-10 (7) adopting requirements for registration;
3-11 (8) adopting rules relating to infection control;
3-12 (9) adopting rules relating to shade-taking procedures
3-13 authorized by a prescription from a licensed dentist;
3-14 (10) adopting rules relating to computer-imaging
3-15 procedures for an oral cavity authorized by a prescription from a
3-16 licensed dentist;
3-17 (11) adopting rules regulating the farmout of dental
3-18 prescriptions to out-of-state laboratories; and
3-19 (12) adopting rules relating to the transportation and
3-20 manufacture of dental prosthetic devices or other dental work
3-21 performed by a dental laboratory located in another state or a
3-22 foreign country for use in this state.
3-23 (f) The Board shall allow the council 30 days for review and
3-24 comment on any rule relating to dental laboratories that is
3-25 proposed by the Board.
4-1 SECTION 4. Subsection (d), Section (9), Article 4551f,
4-2 Revised Statutes, is amended to read as follows:
4-3 (d) The council shall review each application for
4-4 registration or renewal of registration to determine if the
4-5 applicant meets the requirements of this article. The council
4-6 shall provide the Board with a list of applicants who are eligible
4-7 for registration with the Board. Certificates of registration may
4-8 only be issued to eligible applicants. The council may <shall>
4-9 recommend to the Board rules relating to dental laboratories. The
4-10 Board shall begin the process prescribed by Chapter 2001,
4-11 Government Code (Administrative Procedure Act), to consider rules
4-12 based on the council's recommendations within 30 days of receiving
4-13 any recommendation from the council. The Board shall provide to
4-14 the council its reasons for amending or rejecting any rule proposed
4-15 by the council <prescribing the contents of continuing education
4-16 courses prescribed by Subsection (b) of Section 6>. The council
4-17 may perform additional duties as requested by the Board.
4-18 SECTION 5. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended,
4-23 and that this Act take effect and be in force from and after its
4-24 passage, and it is so enacted.