By Turner of Harris H.B. No. 1868
75R5891 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain exceptions to the definition of dentistry.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11, Chapter 244, General Laws, Acts of
1-5 the 44th Legislature, Regular Session, 1935 (Article 4551b,
1-6 Vernon's Texas Civil Statutes), is amended to read as follows:
1-7 Sec. 11. The definition of dentistry as contained in Chapter
1-8 9, [of] Title 71, [of the] Revised [Civil] Statutes [of Texas as
1-9 amended], shall not apply to:
1-10 (1) members of the faculty of a reputable dental
1-11 college or school where such faculty members perform their services
1-12 for the sole benefit of such school or college; [or]
1-13 (2) students of a reputable dental college who perform
1-14 their operations without pay except for actual cost of materials,
1-15 in the presence of and under the direct personal supervision of a
1-16 demonstrator or teacher who is a member of the faculty of a
1-17 reputable dental college; [or]
1-18 (3) persons doing laboratory work on inert matter
1-19 only, and who do not solicit or obtain work, by any means, from a
1-20 person or persons not a licensed dentist actually engaged in the
1-21 practice of dentistry and who do not act as the agents or
1-22 solicitors of, or have any interest whatsoever in, any dental
1-23 office, practice or the receipts therefrom; [or]
1-24 (4) physicians and surgeons legally authorized to
2-1 practice medicine as defined by the law of this state who do not
2-2 hold themselves out to the public as practicing dentistry; [or]
2-3 (5) dental hygienists legally authorized to practice
2-4 dental hygiene in this state and who practice dental hygiene in
2-5 strict conformity with the laws of Texas regulating the practice of
2-6 dental hygiene; [or]
2-7 (6) those persons who as members of an established
2-8 church practice healing by prayer only; [or]
2-9 (7) employees of a dentist who make dental x-rays in
2-10 the dental office and under the supervision of such dentist or
2-11 dentists legally engaged in the practice of dentistry in this
2-12 state; [or]
2-13 (8) Dental Health Service Corporations legally
2-14 chartered under Subsection (1) of Article 2.01, of the Texas
2-15 Nonprofit Corporation Act (Article 1396-1.01 et seq., Vernon's
2-16 Texas Civil Statutes); [or]
2-17 (9) dental interns and dental residents as defined and
2-18 regulated by the Texas State Board of Dental Examiners in its rules
2-19 and regulations; [or]
2-20 (10) students of a [reputable] dental hygiene program
2-21 accredited by the Commission on Dental Accreditation of the
2-22 American Dental Association and operated at an institution of
2-23 higher education [school] who practice dental hygiene without pay
2-24 under the supervision of a demonstrator or teacher who is a member
2-25 of the faculty of that program in a clinic operated for the sole
2-26 benefit of the program's institution of higher education or in a
2-27 clinic operated by a government or nonprofit organization, that
3-1 serves underserved populations and in strict conformity with the
3-2 laws of this state regulating the practice of dental hygiene; [or]
3-3 (11) dental assistants who perform the duties
3-4 permitted by Article 4551e-1, Revised Statutes, in strict
3-5 conformity with the laws of this state; or
3-6 (12) dentists licensed by another state or foreign
3-7 country who perform clinical procedures only for professional and
3-8 technical education demonstration purposes, provided that such
3-9 dentists must first obtain a temporary license for such purpose
3-10 from the State Board of Dental Examiners.
3-11 SECTION 2. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended,
3-16 and that this Act take effect and be in force from and after its
3-17 passage, and it is so enacted.
3-18 COMMITTEE AMENDMENT NO. 1
3-19 Amend Section 1 of House Bill 1868 beginning on page 2, line
3-20 20 by striking all of subsection (10) and substituting the
3-21 following language:
3-22 (10) students of a [reputable] dental hygiene program
3-23 accredited by the Commission on Dental Accreditation of the
3-24 American Dental Association and operated at an accredited
3-25 institution of higher education [school] who practice dental
3-26 hygiene without pay under the general supervision of a dentist and
3-27 under the supervision of a demonstrator or teacher who is a member
4-1 of the faculty of that program in a clinic operated for the sole
4-2 benefit of the program's institution of higher education or in a
4-3 clinic operated by a government or nonprofit organization, that
4-4 serves underserved populations as determined by rule of the State
4-5 Board of Dental Examiners and in strict conformity with the laws of
4-6 this state regulating the practice of dental hygiene; [or]
4-7 Berlanga