1-1     By:  Turner of Harris (Senate Sponsor - Zaffirini)    H.B. No. 1868

 1-2           (In the Senate - Received from the House May 6, 1997;

 1-3     May 7, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 18, 1997, reported favorably, as amended,

 1-5     by the following vote:  Yeas 8, Nays 0; May 18, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                            By:  Zaffirini

 1-8     Amend HB 1868 as follows:

 1-9     In SECTION 1, page 1, line 21, after the word "dental" and before

1-10     the word "college", insert the words "or dental hygiene".

1-11                            A BILL TO BE ENTITLED

1-12                                   AN ACT

1-13     relating to certain exceptions to the definition of dentistry.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  Section 11, Chapter 244, General Laws, Acts of

1-16     the 44th Legislature, Regular Session, 1935 (Article 4551b,

1-17     Vernon's Texas Civil Statutes), is amended to read as follows:

1-18           Sec. 11.  The definition of dentistry as contained in Chapter

1-19     9, [of] Title 71, [of the] Revised [Civil] Statutes [of Texas as

1-20     amended], shall not apply to:

1-21                 (1)  members of the faculty of a reputable dental

1-22     college or school where such faculty members perform their services

1-23     for the sole benefit of such school or college; [or]

1-24                 (2)  students of a reputable dental college who perform

1-25     their operations without pay except for actual cost of materials,

1-26     in the presence of and under the direct personal supervision of a

1-27     demonstrator or teacher who is a member of the faculty of a

1-28     reputable dental college; [or]

1-29                 (3)  persons doing laboratory work on inert matter

1-30     only, and who do not solicit or obtain work, by any means, from a

1-31     person or persons not a licensed dentist actually engaged in the

1-32     practice of dentistry and who do not act as the agents or

1-33     solicitors of, or have any interest whatsoever in, any dental

1-34     office, practice or the receipts therefrom; [or]

1-35                 (4)  physicians and surgeons legally authorized to

1-36     practice medicine as defined by the law of this state who do not

1-37     hold themselves out to the public as practicing dentistry; [or]

1-38                 (5)  dental hygienists legally authorized to practice

1-39     dental hygiene in this state and who practice dental hygiene in

1-40     strict conformity with the laws of Texas regulating the practice of

1-41     dental hygiene; [or]

1-42                 (6)  those persons who as members of an established

1-43     church practice healing by prayer only; [or]

1-44                 (7)  employees of a dentist who make dental x-rays in

1-45     the dental office and under the supervision of such dentist or

1-46     dentists legally engaged in the practice of dentistry in this

1-47     state; [or]

1-48                 (8)  Dental Health Service Corporations legally

1-49     chartered under Subsection (1) of Article 2.01, of the Texas

1-50     Nonprofit Corporation Act (Article 1396-1.01 et seq., Vernon's

1-51     Texas Civil Statutes); [or]

1-52                 (9)  dental interns and dental residents as defined and

1-53     regulated by the Texas State Board of Dental Examiners in its rules

1-54     and regulations; [or]

1-55                 (10)  students of a [reputable] dental hygiene program

1-56     accredited by the Commission on Dental Accreditation of the

1-57     American Dental Association and operated at an accredited

1-58     institution of higher education [school] who practice dental

1-59     hygiene without pay under the general supervision of a dentist and

1-60     under the supervision of a demonstrator or teacher who is a member

1-61     of the faculty of that program in a clinic operated for the sole

1-62     benefit of the program's institution of higher education or in a

1-63     clinic operated by a government or nonprofit organization that

1-64     serves underserved populations as determined by rule of the State

 2-1     Board of Dental Examiners and in strict conformity with the laws of

 2-2     this state regulating the practice of dental hygiene; [or]

 2-3                 (11)  dental assistants who perform the duties

 2-4     permitted by Article 4551e-1, Revised Statutes, in strict

 2-5     conformity with the laws of this state;  or

 2-6                 (12)  dentists licensed by another state or foreign

 2-7     country who perform clinical procedures only for professional and

 2-8     technical education demonstration purposes, provided that such

 2-9     dentists must first obtain a temporary license for such purpose

2-10     from the State Board of Dental Examiners.

2-11           SECTION 2.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended,

2-16     and that this Act take effect and be in force from and after its

2-17     passage, and it is so enacted.

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