BG H.B. 1868 75(R)BILL ANALYSIS PUBLIC HEALTH H.B. 1868 By: Turner, Sylvester 4-17-97 Committee Report (Amended) BACKGROUND Section 11 of Article 4551b of the Dental Practice Act lists those individuals, such as students and faculty of dental and dental hygiene schools, who are not considered to be practicing dentistry without a license. Language permitting dental students to practice requires supervision by faculty members, but similar language was inadvertently left out of the section for dental hygiene students. Faculty of dental schools may only perform services for the benefit of the school. Although prohibitions prevent any payment of students, there is no prohibition to forcing dental hygiene students to work in profit-making enterprises,. PURPOSE HB 1868 ensures that dental hygiene students are supervised by faculty and that their clinical training is performed in either school clinics or in clinics operated by non-profit or governmental agencies to serve underserved populations. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 11, Chapter 244, General Laws, Acts of the 44th Legislature, Regular Session, 1935 (Article 4551b, Vernon's Texas Civil Statutes) to make conforming changes and add language as follows: Subsection (8) cites Article 1396-1.01 et seq., Vernon's Texas Civil Statutes in reference to the Texas Nonprofit Corporation Act. Subsection (10) replaces the term "reputable school" with "dental hygiene program accredited by the Commission of Dental Accreditation of the American Dental Association and operated at an institution of higher education". Clarifies students practicing dental hygiene without pay to also be under supervision of a demonstrator or teacher as specified or in a clinic operated by a government or a nonprofit organization as specified. SECTION 2. Emergency Clause. Establishes that this Act takes effect immediately upon passage. EXPLANATION OF AMENDMENTS The amendment clarifies the extent of supervision necessary for dental hygienists, by adding that they be "under the general supervision of a dentist" in addition to the already stated supervision of a demonstrator or teacher in subsection (10) of Article 4551b, Vernon's Texas Civil Statutes.