1-1 By: Moncrief S.B. No. 1084
1-2 (In the Senate - Filed March 9, 1995; March 14, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 27, 1995, reported favorably by the following vote: Yeas 8,
1-5 Nays 0; April 27, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of dental laboratories.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (a), Section (5), Article 4551f,
1-11 Revised Statutes, is amended to read as follows:
1-12 (a) A dentist legally engaged in the practice of dentistry
1-13 in this state may perform for compensation a service listed in
1-14 Section 1 of this article only for a patient of that dentist or for
1-15 a patient of a professional corporation or partnership of which
1-16 that dentist is an officer, partner, or employee and said dentist
1-17 and his employees and the employees of the professional corporation
1-18 or partnership shall be exempt from the provisions of this article
1-19 when performing such service, provided the service is performed by
1-20 the dentist or the employees on the premises within which the
1-21 dentist practices dentistry.
1-22 SECTION 2. Section (6), Article 4551f, Revised Statutes, is
1-23 amended by adding Subsections (d) and (e) to read as follows:
1-24 (d) The owner of a dental laboratory registered with the
1-25 Board on September 1, 1987, is not required to submit proof that
1-26 the laboratory has at least one certified dental technician
1-27 employed by and working on the premises of the laboratory if:
1-28 (1) the registration of the laboratory has been
1-29 continuous since that date and all registration fees have been
1-30 paid;
1-31 (2) the beneficial ownership of at least 51 percent of
1-32 the laboratory has not been transferred; and
1-33 (3) the owner is employed on the premises of the
1-34 laboratory not less than 30 hours each week.
1-35 (e) A dental laboratory owned by a dentist or a professional
1-36 corporation or partnership of which that dentist is an officer,
1-37 partner, or employee legally engaged in the practice of dentistry
1-38 in this state shall be exempt from the provisions of this article
1-39 which require that a dental laboratory have at least one dental
1-40 technician working on the premises who is certified by a nationally
1-41 recognized board of certification for dental technology, provided
1-42 the dental laboratory is located on the premises within which the
1-43 dentist practices dentistry. However, this exemption shall not
1-44 apply to a dental laboratory owned by a dentist or a professional
1-45 corporation or partnership of which that dentist is an officer,
1-46 partner, or employee legally engaged in the practice of dentistry
1-47 in this state if the laboratory employs more than two dental
1-48 technicians.
1-49 SECTION 3. Section (8), Article 4551f, Revised Statutes, is
1-50 amended by amending Subsection (b) and adding Subsection (f) to
1-51 read as follows:
1-52 (b) The Board may not exercise rule-making authority
1-53 regarding dental laboratories except in the following areas:
1-54 (1) processing registration applications;
1-55 (2) prescribing the form and content of registration
1-56 applications and other forms required to administer this article;
1-57 (3) prescribing fees necessary to administer this
1-58 article;
1-59 (4) prescribing renewal procedures for certificates of
1-60 registration;
1-61 (5) monitoring records as necessary to administer this
1-62 article; <and>
1-63 (6) adopting continuing education requirements for
1-64 dental technicians employed by dental laboratories;
1-65 (7) adopting requirements for registration;
1-66 (8) adopting rules relating to infection control;
1-67 (9) adopting rules relating to shade-taking procedures
1-68 authorized by a prescription from a licensed dentist;
2-1 (10) adopting rules relating to computer-imaging
2-2 procedures for an oral cavity authorized by a prescription from a
2-3 licensed dentist;
2-4 (11) adopting rules regulating the farmout of dental
2-5 prescriptions to out-of-state laboratories; and
2-6 (12) adopting rules relating to the transportation and
2-7 manufacture of dental prosthetic devices or other dental work
2-8 performed by a dental laboratory located in another state or a
2-9 foreign country for use in this state.
2-10 (f) The Board shall allow the council 30 days for review and
2-11 comment on any rule relating to dental laboratories that is
2-12 proposed by the Board.
2-13 SECTION 4. Subsection (d), Section (9), Article 4551f,
2-14 Revised Statutes, is amended to read as follows:
2-15 (d) The council shall review each application for
2-16 registration or renewal of registration to determine if the
2-17 applicant meets the requirements of this article. The council
2-18 shall provide the Board with a list of applicants who are eligible
2-19 for registration with the Board. Certificates of registration may
2-20 only be issued to eligible applicants. The council may <shall>
2-21 recommend to the Board rules relating to dental laboratories. The
2-22 Board shall begin the process prescribed by Chapter 2001,
2-23 Government Code (Administrative Procedure Act), to consider rules
2-24 based on the council's recommendations within 30 days of receiving
2-25 any recommendation from the council. The Board shall provide to
2-26 the council its reasons for amending or rejecting any rule proposed
2-27 by the council <prescribing the contents of continuing education
2-28 courses prescribed by Subsection (b) of Section 6>. The council
2-29 may perform additional duties as requested by the Board.
2-30 SECTION 5. The importance of this legislation and the
2-31 crowded condition of the calendars in both houses create an
2-32 emergency and an imperative public necessity that the
2-33 constitutional rule requiring bills to be read on three several
2-34 days in each house be suspended, and this rule is hereby suspended,
2-35 and that this Act take effect and be in force from and after its
2-36 passage, and it is so enacted.
2-37 * * * * *