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.
2-18 * * * * *