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.