75R11580 MCK-D                           

         By Maxey, Coleman                                      H.B. No. 179

         Substitute the following for H.B. No. 179:

         By Berlanga                                        C.S.H.B. No. 179

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the employment of a dentist by a nonprofit health

 1-3     organization that primarily provides services to individuals who

 1-4     have AIDS or the human immunodeficiency virus.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Articles 4551n(a) and (b), Revised Statutes, are

 1-7     amended to read as follows:

 1-8           (a)  The Board shall, on a form and under rules adopted by

 1-9     the Board, approve and certify any health organization to contract

1-10     with or employ dentists licensed by the Board on application by the

1-11     organization and presentation of satisfactory proof to the Board

1-12     that the organization:

1-13                 (1)  is a nonprofit corporation under the Texas

1-14     Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's

1-15     Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code

1-16     of 1986 (26 U.S.C. Section 501); and

1-17                 (2)  is organized and operated as:

1-18                       (A)  a migrant, community, or homeless health

1-19     center under the authority of and in compliance with 42 U.S.C.

1-20     Section 254b, 254c, or 256 or as a federally qualified health

1-21     center under 42 U.S.C. Section 1396d(l)(2)(B);

1-22                       (B)  a clinic that provides dental services

1-23     primarily to individuals who have AIDS or the human

1-24     immunodeficiency virus; or

 2-1                       (C)  a clinic otherwise approved by the Board as

 2-2     a clinic that provides services to underserved populations for no

 2-3     fee or a reduced fee.

 2-4           (b)  Any dentist providing dental services under Subsection

 2-5     (a)(2)(A), (B), or (C) [(a)] of this article shall provide those

 2-6     services free of charge or at a reduced fee commensurate with the

 2-7     patient's ability to pay in strict compliance with the applicable

 2-8     provisions of 42 U.S.C. Section 254b, 254c, or 256.

 2-9           SECTION 2.  This Act takes effect September 1, 1997.

2-10           SECTION 3.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.