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.
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