By Sibley S.B. No. 877
75R2571 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of dentistry.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1(a), Article 4544, Revised Statutes, is
1-5 amended to read as follows:
1-6 (a) It shall be the duty of the Board to provide for the
1-7 examination of all applicants for license to practice dentistry in
1-8 this State. Each person applying for an examination shall pay to
1-9 said Board a fee set by the Board and shall be granted a license to
1-10 practice dentistry in this State upon his satisfactorily passing an
1-11 examination provided for by said Board on subjects and operations
1-12 pertaining to dentistry which shall include Anatomy, Physiology,
1-13 Anaesthesia, Biochemistry, Dental Materials, Diagnosis, Treatment
1-14 Planning, Ethics, Jurisprudence, Hygiene, Pharmacology, Operative
1-15 Dentistry, Oral Surgery, Orthodontia, Periodontia, Prosthetic
1-16 Dentistry, Pathology, Microbiology, and such other subjects as are
1-17 regularly taught in reputable Dental Schools as the Board may in
1-18 its discretion require. [The examination shall be given either
1-19 orally or in writing, or by giving a practical demonstration of the
1-20 applicant's skill, or by any combination of such methods or
1-21 subjects as the Board may in its discretion require.] The Board
1-22 shall contract with an independent or regional testing service for
1-23 any required clinical examination. In the event that the Board
1-24 uses a regional testing service, the Board is authorized to
2-1 contract for or otherwise use the services of licensed dentists in
2-2 this state for the purpose of providing assistance to the regional
2-3 testing service. The Board shall have the written portion of the
2-4 examination validated by an independent testing professional.
2-5 SECTION 2. Article 4545, Revised Statutes, is amended to
2-6 read as follows:
2-7 Art. 4545. QUALIFICATIONS OF APPLICANTS. Each applicant for
2-8 a license to practice dentistry in this state shall be not less
2-9 than twenty-one (21) years of age and shall present proof of
2-10 graduation from a dental school accredited by the Commission on
2-11 Dental Accreditation of the American Dental Association [reputable
2-12 dental college and evidence of good moral character. A dental
2-13 college shall be held reputable whose entrance requirements and
2-14 course of instruction are as high as those adopted by the better
2-15 class of dental colleges of the United States, and whose course of
2-16 instruction shall be the equivalent of not less than four (4) terms
2-17 of eight (8) months each].
2-18 SECTION 3. Article 4545a, Revised Statutes, is amended to
2-19 read as follows:
2-20 Art. 4545a. LICENSING BY CREDENTIALS[; LICENSING OF
2-21 FOREIGN-TRAINED DENTISTS].
2-22 [Sec. 1.] (a) The State Board of Dental Examiners, upon
2-23 payment by the applicant of a fee set by the Board, shall grant a
2-24 license to practice dentistry or dental hygiene to any reputable
2-25 dentist or dental hygienist who:
2-26 (1) is licensed in good standing as a dentist or
2-27 dental hygienist in another state, the District of Columbia, or a
3-1 territory of the United States that has licensing requirements that
3-2 are substantially equivalent to the requirements of this Act;
3-3 (2) has not been the subject of final or pending
3-4 disciplinary action in any jurisdiction in which the dentist or
3-5 dental hygienist is or has been licensed;
3-6 (3) has graduated from a dental or dental hygiene
3-7 school accredited by the Commission on Dental Accreditation of the
3-8 American Dental Association and approved by the Board according to
3-9 rules established by the Board;
3-10 (4) has passed a national or other examination
3-11 recognized by the Board relating to dentistry or dental hygiene;
3-12 (5) has successfully completed the Board's
3-13 jurisprudence examination;
3-14 (6) has submitted documentation of current
3-15 cardiopulmonary resuscitation certification; [and]
3-16 (7) has practiced dentistry or dental hygiene:
3-17 (A) for a minimum of five years immediately
3-18 prior to applying; or
3-19 (B) as a dental educator at a dental school
3-20 accredited by the Commission on Dental Accreditation of the
3-21 American Dental Association for a minimum of five years preceding
3-22 the date of applying for the license; and
3-23 (8) has met any additional criteria established by
3-24 Board rule [or]
3-25 [(C) for two years of obligated service in the
3-26 state under the National Health Service Corps or other federal
3-27 scholarship or loan repayment program].
4-1 (b) In addition to the qualifications of Subsection (a) of
4-2 this article, a dentist applicant must be endorsed by the board of
4-3 dentistry of the jurisdiction of current practice.
4-4 (c) The Board must complete the processing of an application
4-5 for a license not later than the 180th day after all documentation
4-6 and examination results required by this section have been received
4-7 by the Board or grant a license to the applicant.
4-8 [Sec. 2. (a) The Board, upon payment by the applicant of a
4-9 fee set by the Board, shall grant a license to a dentist or dental
4-10 hygienist who has not graduated from a dental or dental hygiene
4-11 school accredited by the Commission on Dental Accreditation of the
4-12 American Dental Association if:]
4-13 [(1) the dentist or dental hygienist has practiced for
4-14 a minimum of five years immediately prior to applying;]
4-15 [(2) the dentist or dental hygienist has not been the
4-16 subject of final or pending disciplinary action in any jurisdiction
4-17 in which the dentist or dental hygienist is or has been licensed;]
4-18 [(3) the Board, through a procedure adopted by rule,
4-19 has determined that the educational qualifications are equivalent
4-20 to those required to practice dentistry or dental hygiene in the
4-21 state; and]
4-22 [(4) the dentist or dental hygienist has completed all
4-23 examinations required by the Board for licensure.]
4-24 [(b) The Board must complete the processing of an
4-25 application for a license not later than the 180th day after all
4-26 documentation, the determination of educational equivalency, and
4-27 examination results required by this section have been received by
5-1 the Board or grant a license to the applicant.]
5-2 [(c) An applicant for a license to practice dentistry
5-3 applying under this section who fails the qualifying clinical
5-4 examination required by the Board under its rules three times shall
5-5 be required to attend a two-year program at a dental school
5-6 accredited by the Commission on Dental Accreditation of the
5-7 American Dental Association. The Board shall review two-year
5-8 programs offered to fulfill the requirements of this subsection for
5-9 educational sufficiency.]
5-10 SECTION 4. Article 4548c, Revised Statutes, is amended to
5-11 read as follows:
5-12 Art. 4548c. PRACTICE AFTER LICENSE HAS BEEN REVOKED. No
5-13 person whose license to practice dentistry in this State has been
5-14 [shall be] revoked by any district court of this State or by the
5-15 State Board of Dental Examiners may [shall] practice or attempt to
5-16 practice dentistry or dental surgery in this State after such
5-17 license has been so revoked.
5-18 SECTION 5. Article 4548e, Revised Statutes, is amended to
5-19 read as follows:
5-20 Art. 4548e. USE OF TRADE NAME. Any person, corporation,
5-21 [It shall be unlawful for any person or persons to practice
5-22 dentistry in this State under the name of a corporation, company,
5-23 association, or trade name unless included as a prominent portion
5-24 of such name is the proper name used on the license, as issued by
5-25 the State Board of Dental Examiners, of the dentist or dentists
5-26 practicing under such corporate, company, association, or trade
5-27 name. Provided, however, any corporate,] company, or association,
6-1 may use a corporation, company, association, or trade name. Any
6-2 advertisement by the corporation, company, association, or trade
6-3 name must [used by a group of dentists in a nonprint medium shall
6-4 only be required to] include prominently the name of at least one
6-5 dentist practicing under such name. The person, corporation,
6-6 company, or association shall file with the State Board of Dental
6-7 Examiners a list of each dentist who practices under the name and a
6-8 list of each trade name used if the trade name is different from
6-9 the corporation, company, or association name. A list required
6-10 under this section must be updated and filed with the Board not
6-11 later than the 30th day after the date of the change. Each day of
6-12 violation of this Article shall constitute a separate offense.
6-13 SECTION 6. Article 4548g, Revised Statutes, is amended to
6-14 read as follows:
6-15 Art. 4548g. UNPROFESSIONAL CONDUCT. It shall be unlawful
6-16 for any person, firm, or corporation to engage in or be guilty of
6-17 any unprofessional conduct pertaining to dentistry directly or
6-18 indirectly. Any unprofessional conduct, as used herein, means and
6-19 includes any one or more of the following acts:
6-20 (1) obtaining any fee by fraud or misrepresentation;
6-21 (2) soliciting dental business by means of verbal
6-22 communication, in person or otherwise, directed to an individual or
6-23 group of less than five individuals, which is primarily for the
6-24 purpose of attracting the patronage of such individual or group to
6-25 a particular practice of dentistry;
6-26 (3) employing, directly or indirectly, or permitting
6-27 any unlicensed person to perform dental services upon any person,
7-1 except as otherwise authorized by law or the rules and regulations
7-2 of the State Board of Dental Examiners;
7-3 (4) claiming or circulating any statement of
7-4 professional superiority or the performance of professional
7-5 services in a superior manner;
7-6 (5) forging, altering, or changing any diploma,
7-7 license, registration certificate, transcript, or any other legal
7-8 document pertaining to the practice of dentistry, being a party
7-9 thereto or beneficiary thereof, or making any false statement about
7-10 or in securing such document, or being guilty of misusing the same;
7-11 (6) accepting employment as a dentist under any
7-12 referral scheme which is false, misleading, or deceptive;
7-13 (7) advertising to perform any dental work without
7-14 pain or discomfort to the patient;
7-15 (8) advertising predictions of future satisfaction or
7-16 success of any dental service; and
7-17 (9) waiving payment by an insured patient of the
7-18 patient's insurance deductible or copayment when benefits are
7-19 assigned to the dentist.
7-20 SECTION 7. Section 1, Article 4548h, Revised Statutes, is
7-21 amended by amending Subsections (f)-(j) and adding Subsections
7-22 (k)-(m) to read as follows:
7-23 (f) The Board may employ and commission investigators as
7-24 peace officers to enforce this chapter. A peace officer
7-25 commissioned under this subsection must obtain a license as a peace
7-26 officer from the Commission on Law Enforcement Officer Standards
7-27 and Education under Chapter 415, Government Code. An employee
8-1 commissioned as a peace officer under this subsection has the
8-2 powers, privileges, and immunities of a peace officer while
8-3 carrying out the employee's duties under this Act.
8-4 (g) A complaint received under this article must be filed
8-5 with the Board and reviewed to determine jurisdiction. If the
8-6 Board has jurisdiction, the Board shall require an investigation of
8-7 the complaint to determine the facts concerning the complaint. If
8-8 the facts justify further action, the disposition of the complaint
8-9 must comply with this article. An investigation may include an
8-10 unannounced or announced on-site personal contact or official
8-11 written correspondence.
8-12 (h) The Board shall dispose of all complaints in a timely
8-13 manner. The Board shall establish a schedule for conducting each
8-14 phase of a complaint that is under the control of the Board. The
8-15 schedule shall be kept in the information file for the complaint.
8-16 A change in the schedule must be noted in the complaint information
8-17 file.
8-18 (i) [(g)] The Executive Director of the Board shall notify
8-19 the Board of the number of complaints that extend beyond a two-year
8-20 time frame for resolution. The Executive Director shall provide
8-21 the Board with an explanation of the reasons that the complaints
8-22 have not been resolved. The notice and explanation required shall
8-23 be provided to the Board periodically at regularly scheduled Board
8-24 meetings.
8-25 (j) [(h)] The Board by rule shall adopt procedures
8-26 governing:
8-27 (1) informal disposition of a contested case under
9-1 Section 2001.056, Government Code; and
9-2 (2) informal proceedings held in compliance with
9-3 Section 2001.054(c), Government Code.
9-4 (k) [(i)] Rules adopted under this section must provide the
9-5 complainant, where applicable and permitted by law, an opportunity
9-6 to be heard, must provide the licensee an opportunity to be heard,
9-7 and must require the presence of an attorney to advise the Board or
9-8 the Board's employees. The attorney must be a member of the
9-9 Board's legal staff, if the Board has a legal staff. If the Board
9-10 does not have a legal staff, the attorney must be an employee of
9-11 the office of the attorney general.
9-12 (l) [(j)] The Board by rule shall develop a system for
9-13 monitoring license holders' compliance with the requirements of
9-14 this Act. Rules adopted under this section shall include
9-15 procedures for monitoring a license holder who is ordered by the
9-16 Board to perform certain acts to ascertain that the license holder
9-17 performs the required acts and to identify and monitor license
9-18 holders who represent a risk to the public.
9-19 (m) The Board may only consider a complaint that is filed
9-20 with the Board not later than the fourth anniversary of the date
9-21 the complained-of act occurred or of the date the complainant
9-22 discovered, or in the exercise of reasonable diligence should have
9-23 discovered, the occurrence of the complained-of act.
9-24 SECTION 8. Sections 2 and 3, Article 4548h, Revised
9-25 Statutes, are amended to read as follows:
9-26 Sec. 2. (a) The Board shall revoke[, cancel,] or suspend
9-27 any license or licenses that may have been issued by such Board,
10-1 impose a fine on a license holder, place on probation with
10-2 conditions a person whose license has been suspended, or reprimand
10-3 a licensee if in the opinion of a majority of such Board any
10-4 person or persons to whom a license has been issued by said Board
10-5 to practice dentistry or dental hygiene in this State shall have,
10-6 after the issuance of such license, violated any of the provisions
10-7 of the Statutes of the State of Texas relating to the practice of
10-8 dentistry or dental hygiene in this State, or any of the provisions
10-9 of Chapter 9, Title 71, Revised Statutes, or any amendments that
10-10 may hereafter be made thereto, or a rule of the Board. All
10-11 revocations[, cancellations,] or suspensions of licenses by the
10-12 Board shall be made in the manner provided by Chapter 2001,
10-13 Government Code (Administrative Procedure Act).
10-14 (b) Notice of a hearing issued [All complaints to be
10-15 considered] by the Board under this article shall be made in
10-16 writing and shall set out the alleged violations of such Statutes
10-17 or rules.
10-18 (c) [All complaints under this article as received shall be
10-19 filed with the Secretary of the Board or an authorized employee of
10-20 the Board. All complaints filed with the Board shall be reviewed
10-21 to determine jurisdiction, and if jurisdiction exists, the
10-22 Secretary of the Board or designee shall cause an investigation of
10-23 such complaint to be made to determine the facts in such case. If
10-24 the facts as determined by such investigation justify further
10-25 action, the disposition of the complaint shall comply with this
10-26 article.]
10-27 [(d)] If a licensee suspension is probated, the Board may
11-1 require the practitioner:
11-2 (1) to report regularly to the Board on matters that
11-3 are the basis of the probation;
11-4 (2) to limit practice to the areas prescribed by the
11-5 Board; or
11-6 (3) to continue or review professional education until
11-7 the practitioner attains a degree of skill satisfactory to the
11-8 Board in those areas that are the basis of the probation.
11-9 (d) [(e)] If the Board or an executive committee of the
11-10 Board determines from the evidence or information presented to it
11-11 that a person licensed under this Act by continuation in practice
11-12 would constitute a clear, imminent, or continuing threat to a
11-13 person's physical health or well-being, the Board or the executive
11-14 committee of the Board shall temporarily suspend the license of
11-15 that person. The license may be suspended under this section
11-16 without notice or hearing on the complaint, provided the Board or
11-17 the executive committee of the Board simultaneously with the
11-18 temporary suspension requests the State Office of Administrative
11-19 Hearings to set a date for a hearing on the temporary suspension.
11-20 A hearing shall be held not later than fourteen (14) days after the
11-21 date of the suspension unless a continuance is requested by the
11-22 licensee. A second hearing on the suspension shall be held by the
11-23 State Office of Administrative Hearings within sixty (60) days
11-24 after the date the suspension was ordered or after the date
11-25 specified in the continuance requested by the licensee. The time
11-26 requirements in this subsection must be adhered to or the
11-27 suspension is lifted without further order or action.
12-1 (e) [(f)] All proceedings under this section are subject to
12-2 Chapter 2001, Government Code [complaints considered by the Board
12-3 must be filed with the Board within four (4) years after the date
12-4 on which the act occurred or within four (4) years after a
12-5 complainant discovered, or in the exercise of reasonable diligence
12-6 should have discovered, the occurrence of the act].
12-7 Sec. 3. (a) A person aggrieved by a ruling, order, or
12-8 decision of the Board under this article has the right to appeal as
12-9 provided by Chapter 2001, Government Code [to a district court in
12-10 the county of his residence or in the county where the alleged
12-11 offense occurred within thirty (30) days from the service of notice
12-12 of the action of the Board].
12-13 (b) [The appeal having been properly filed, the court may
12-14 request of the Board and the Board on receiving the request shall
12-15 within thirty (30) days prepare and transmit to the court a
12-16 certified copy of its entire record in the matter in which the
12-17 appeal has been taken. The appeal shall be tried in accordance
12-18 with the Texas Rules of Civil Procedure].
12-19 [(c)] If an aggrieved person fails to perfect an appeal as
12-20 provided in this section, the Board's ruling shall become final.
12-21 (c) [(d)] Review by the court shall be by the substantial
12-22 evidence rule and not de novo.
12-23 [(e) The court may, in its discretion, permit a person who
12-24 files an appeal under this section to stay enforcement of penalty
12-25 or punishment by giving to the court a supersedeas bond that is
12-26 approved by the court, unless there is a finding of clear,
12-27 imminent, or continuing harm to a person's physical health or
13-1 well-being by the State Office of Administrative Hearings in a
13-2 hearing held under Section 2(e) of this article. If the court
13-3 sustains the occurrence of the violation, the court may uphold the
13-4 amount of penalty or punishment assessed or may reduce the amount
13-5 of penalty or punishment assessed. If the court does not sustain
13-6 the occurrence of the violation, the court shall order that no
13-7 penalty or punishment is assessed.]
13-8 SECTION 9. Article 4548i(b), Revised Statutes, is amended to
13-9 read as follows:
13-10 (b) Any person who shall violate a provision of Chapter 9,
13-11 Title 71, Revised Statutes, is liable to the state for a civil
13-12 penalty in an amount not to exceed $5,000 [$2,500]. Each day a
13-13 violation continues or occurs is a separate violation for the
13-14 purpose of imposing a penalty. On request of the Board, the
13-15 attorney general or the county attorney or district attorney of the
13-16 county in which the violation is alleged to have occurred shall
13-17 file suit to collect the penalty. A civil penalty collected under
13-18 this subsection shall be deposited in the state treasury to the
13-19 credit of the general revenue fund.
13-20 SECTION 10. Chapter 9, Title 71, Revised Statutes, is
13-21 amended by adding Article 4548k to read as follows:
13-22 Art. 4548k. CONTRACTUAL AND ORGANIZATIONAL AGREEMENTS
13-23 Sec. 1. (a) A person or organization providing dental
13-24 services in this state under an agreement or contract that allows
13-25 another person or organization to control or influence any aspect,
13-26 including business and professional aspects, of the provision of
13-27 dental services by the person or organization on request shall
14-1 report to the Board, under rules adopted by the Board:
14-2 (1) information concerning the contract or agreement;
14-3 (2) the manner in which fees are billed to a patient;
14-4 (3) the manner in which the dental service provider is
14-5 paid and information, if any, provided to a patient concerning that
14-6 payment agreement or contract; and
14-7 (4) information concerning the nature of the
14-8 arrangement provided to shareholders of organizations contracting
14-9 with a dental service provider.
14-10 (b) A person or organization practicing dentistry that has
14-11 one or more dentists practicing with or under the person or
14-12 organization, regardless of whether the dentist has an ownership
14-13 interest or an employment or contractual relationship, is
14-14 responsible for all professional acts done under the name of the
14-15 person or organization. This article does not affect an individual
14-16 license holder's responsibilities and rights under this chapter.
14-17 Sec. 2. A statute relating to the practice of dentistry in
14-18 this state may not be construed to prohibit a licensed dentist from
14-19 maintaining any number of offices in this state if the dentist:
14-20 (1) assumes full legal responsibility and liability
14-21 for the dental services rendered in each of the dentist's offices;
14-22 and
14-23 (2) complies with the requirements prescribed by Board
14-24 rule.
14-25 SECTION 11. Section 1(d), Article 4549, Revised Statutes, is
14-26 amended to read as follows:
14-27 (d) Proof of conviction of the applicant of a felony
15-1 [involving moral turpitude] under the laws of this State or any
15-2 other State or of the United States.
15-3 SECTION 12. Section 2, Article 4549, Revised Statutes, is
15-4 amended to read as follows:
15-5 Sec. 2. The State Board of Dental Examiners shall have
15-6 jurisdiction and authority, after notice and hearing, to suspend or
15-7 revoke a dental license or a dental hygienist license, to impose a
15-8 fine on a person licensed under this chapter, to place on probation
15-9 with conditions a person whose license or certificate is suspended,
15-10 or to reprimand a licensee or certificate holder, and in addition
15-11 to or in lieu of said suspension, revocation, probation, or
15-12 reprimand, to assess an administrative penalty as provided for in
15-13 Article 4548j, Revised Statutes, for any one or more of the
15-14 following causes:
15-15 (a) Proof of insanity of the holder of a license or
15-16 certificate, as adjudged by the regularly constituted authorities.
15-17 (b) Proof of conviction of the holder of a license or
15-18 certificate of any felony or a misdemeanor involving fraud under
15-19 the laws of this State or any other State or of the United States.
15-20 (c) That the holder thereof has been or is guilty of
15-21 dishonorable conduct, failure to treat a patient according to a
15-22 reasonable standard of care, malpractice, or gross incompetency in
15-23 the practice of dentistry or dental hygiene.
15-24 (d) That the holder thereof has been or is guilty of
15-25 any deception or misrepresentation for the purpose of soliciting or
15-26 obtaining patronage.
15-27 (e) That the holder thereof procured a license or
16-1 certificate through fraud or misrepresentation.
16-2 (f) That the holder thereof is addicted to habitual
16-3 intoxication or the use of drugs.
16-4 (g) That a dentist employs or permits or has employed
16-5 or permitted persons to practice dentistry in the office or offices
16-6 under his control or management, who were not licensed to practice
16-7 dentistry.
16-8 (h) That the holder thereof has failed to use proper
16-9 diligence in the conduct of his practice or to safeguard his
16-10 patients against avoidable infections.
16-11 (i) That the holder thereof has failed or refused to
16-12 comply with any State law relating to the regulation of dentists or
16-13 dental hygienists.
16-14 (j) That the holder thereof has failed or refused to
16-15 comply with the adopted and promulgated rules and regulations of
16-16 the Board.
16-17 (k) That the holder thereof is physically or mentally
16-18 incapable of practicing with safety to dental patients.
16-19 (l) That the holder thereof has been negligent in the
16-20 performance of dental services which injured or damaged dental
16-21 patients.
16-22 (m) Proof of suspension, revocation, probation,
16-23 reprimand, or other restriction by another State of a license or
16-24 certificate to practice dentistry or dental hygiene based upon acts
16-25 by the licensee or certificate holder enumerated in this section.
16-26 (n) That the holder thereof has knowingly provided or
16-27 agreed to provide dental care in a manner which violates any
17-1 provision of federal or State law regulating a plan whereby any
17-2 person undertakes to provide, arrange for, pay for, or reimburse
17-3 any part of the cost of any dental care services or regulating the
17-4 business of insurance.
17-5 SECTION 13. Section 3(a), Article 4549, Revised Statutes, is
17-6 amended to read as follows:
17-7 (a) If the Board proposes to refuse to examine a person, to
17-8 suspend or revoke a license, to impose a fine, to place on
17-9 probation a person whose license has been suspended, or to
17-10 reprimand a license holder, the person is entitled to a hearing
17-11 under Chapter 2001, Government Code [before the Board].
17-12 SECTION 14. Article 4549-1, Revised Statutes, is amended to
17-13 read as follows:
17-14 Art. 4549-1. REVOCATION AND SUSPENSION OF LICENSE FOR
17-15 DRUG-RELATED FELONY CONVICTION. On conviction of a person licensed
17-16 by the board of a felony under Chapter 481, Health and Safety Code,
17-17 Section 485.033, Health and Safety Code, or Chapter 483, Health and
17-18 Safety Code, the board shall, after an administrative hearing
17-19 conducted in accordance with Chapter 2001, Government Code [the
17-20 Administrative Procedure and Texas Register Act, as amended
17-21 (Article 6252-13a, Vernon's Texas Civil Statutes)], in which the
17-22 fact of conviction is determined, suspend the person's license. On
17-23 the person's final conviction, the board shall revoke the person's
17-24 license. The board may not reinstate or reissue a license to a
17-25 person whose license is suspended or revoked under this article
17-26 except on an express determination based on substantial evidence
17-27 contained in an investigative report indicating that the
18-1 reinstatement or reissue of the license is in the best interests of
18-2 the public and of the person whose license has been suspended or
18-3 revoked.
18-4 SECTION 15. Article 4550, Revised Statutes, is amended to
18-5 read as follows:
18-6 Art. 4550. RECORDS OF THE BOARD
18-7 Sec. 1. The Board shall keep records in which shall be
18-8 registered the name and residence and [or] place of business of all
18-9 persons authorized under this law to practice dentistry, dental
18-10 hygiene and such other professions or businesses under its
18-11 jurisdiction as provided by law. Each dentist, dental hygienist,
18-12 dental laboratory, and dental technician registered with the Board
18-13 shall timely notify the Board of:
18-14 (1) any change of address of the place of business of
18-15 the dentist, hygienist, laboratory, or technician; and
18-16 (2) any change of employers by the dentist, hygienist,
18-17 laboratory, or technician.
18-18 The Board is timely notified if it receives the notice within
18-19 60 days after the date the change occurs.
18-20 Sec. 2. All of the records and files of the Texas State
18-21 Board of Dental Examiners shall be public records and open to
18-22 inspection at reasonable times, except the investigation files and
18-23 records which shall be confidential and shall be divulged only to
18-24 persons so investigated upon completion of said investigation. It
18-25 is not a violation of this section for the Board to share
18-26 investigation files and records with another state regulatory
18-27 agency or federal law enforcement agency during the course of a
19-1 joint investigation or in determining the feasibility of conducting
19-2 an investigation.
19-3 SECTION 16. Article 4551(b), Revised Statutes, is amended to
19-4 read as follows:
19-5 (b) The Board shall establish reasonable and necessary fees
19-6 so that the fees, in the aggregate, produce sufficient revenue to
19-7 cover the cost of administering this Act.
19-8 [The Board may not set a fee at an amount less than the
19-9 amount of that fee on September 1, 1993.]
19-10 SECTION 17. Article 4551a, Revised Statutes, is amended to
19-11 read as follows:
19-12 Art. 4551a. PERSONS REGARDED AS PRACTICING DENTISTRY. Any
19-13 person shall be regarded as practicing dentistry within the meaning
19-14 of this Chapter:
19-15 (1) Who publicly professes to be a dentist or dental
19-16 surgeon or who uses or permits to be used for himself or for any
19-17 other person, the title of "Doctor," "Dr.," "Doctor of Dental
19-18 Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," or any
19-19 other letters, titles, terms or descriptive matter, including use
19-20 of the terms "denturist" or "denturism," which directly or
19-21 indirectly represents him as being able to diagnose, treat, remove
19-22 stains or concretions from teeth, provide surgical and adjunctive
19-23 treatment for any disease, pain, injury, deficiency, deformity or
19-24 physical condition of the human teeth, oral cavity, alveolar
19-25 process, gums, jaws or directly related and adjacent masticatory
19-26 structures.
19-27 (2) Who shall offer or undertake by any means or
20-1 methods whatsoever, to clean teeth or to remove stains, concretions
20-2 or deposits from teeth in the human mouth, or who shall undertake
20-3 or offer to diagnose, treat, operate, or prescribe by any means or
20-4 methods for any disease, pain, injury, deficiency, deformity, or
20-5 physical condition of the human teeth, oral cavity, alveolar
20-6 process, gums, or jaws.
20-7 (3) Any person who shall offer or undertake in any
20-8 manner to prescribe or make, or cause to be made, an impression of
20-9 any portion of the human mouth, teeth, gums, or jaws, for the
20-10 purpose of diagnosing, prescribing, treating, or aiding in the
20-11 diagnosing, prescribing or treating, any physical condition of the
20-12 human mouth, teeth, gums or jaws, or for the purpose of
20-13 constructing or aiding in the construction of any dental appliance,
20-14 denture, dental bridge, false teeth, dental plate or plates of
20-15 false teeth, or any other substitute for human teeth.
20-16 (4) Any one who owns, maintains or operates any office
20-17 or place of business where he employs or engages, under any kind of
20-18 contract whatsoever, any other person or persons to practice
20-19 dentistry as above defined shall be deemed to be practicing
20-20 dentistry himself and shall himself be required to be duly licensed
20-21 to practice dentistry as hereinabove defined, and shall be subject
20-22 to all of the other provisions of this Chapter, even though the
20-23 person or persons so employed or engaged by him shall be duly
20-24 licensed to practice dentistry as hereinabove defined, unless
20-25 otherwise provided by law.
20-26 (5) Any person, firm, group, association, or
20-27 corporation who shall offer or undertake to fit, adjust, repair, or
21-1 substitute in the human mouth or directly related and adjacent
21-2 masticatory structures any dental appliance, structure, prosthesis,
21-3 or denture, or who shall aid or cause to be fitted, adjusted,
21-4 repaired, or substituted in the human mouth or directly related and
21-5 adjacent masticatory structures any dental appliance, structure,
21-6 prosthesis, or denture.
21-7 (6) Who makes, fabricates, processes, constructs,
21-8 produces, reproduces, duplicates, repairs, relines, or fixes any
21-9 full or partial denture, any fixed or removable dental bridge or
21-10 appliance, any dental plate or plates of false teeth, any
21-11 artificial dental restoration, or any substitute or corrective
21-12 device or appliance for the human teeth, gums, jaws, mouth,
21-13 alveolar process, or any part thereof for another, or who in any
21-14 manner offers, undertakes, aids, abets, or causes another person so
21-15 to do for another, without a written prescription or work-order
21-16 therefor signed by the dentist legally engaged in the practice of
21-17 dentistry in this state or in the jurisdiction where such dentist
21-18 maintains his dental office and who prescribed and ordered same.
21-19 (7) Who shall offer or undertake or cause another to
21-20 do, directly or indirectly, for any person any act, service, or
21-21 work in the practice of dentistry or any part thereof as provided
21-22 for in the laws of Texas relating to the practice of dentistry
21-23 including without limitation the inducing, administering,
21-24 prescribing, or dispensing any anesthesia, anesthetic drug,
21-25 medicine, or agent in anywise incidental to or in connection with
21-26 the practice of dentistry; or who permits or allows another to use
21-27 his license or certificate to practice dentistry in this state for
22-1 the purpose of performing any act described in this Article; or
22-2 who shall aid or abet, directly or indirectly, the practice of
22-3 dentistry by any person not duly licensed to practice dentistry by
22-4 the Texas State Board of Dental Examiners.
22-5 (8) Who shall control, attempt to control, influence,
22-6 attempt to influence, or otherwise interfere with the exercise of a
22-7 dentist's independent professional judgment regarding the diagnosis
22-8 or treatment of any dental disease, disorder, or physical
22-9 condition. However, nothing herein shall be construed to require
22-10 any entity to pay for services which are not provided for in a
22-11 contract or agreement or to exempt any dentist who is a member of a
22-12 hospital staff from adhering to hospital bylaws, medical staff
22-13 bylaws, or established policies approved by the governing board and
22-14 the medical and dental staff of the hospital.
22-15 (9) If the person holds the person out as a denturist
22-16 or uses another title that is intended to convey to the public that
22-17 the services offered by the person are included within the practice
22-18 of dentistry.
22-19 SECTION 18. Article 4551b, Revised Statutes, is amended to
22-20 read as follows:
22-21 Art. 4551b. EXCEPTION. The definition of dentistry as
22-22 contained in Chapter 9 of Title 71, of the Revised Civil Statutes
22-23 of Texas as amended, shall not apply to:
22-24 (1) members of the faculty of a reputable dental or
22-25 dental hygiene college or school where such faculty members perform
22-26 their services for the sole benefit of such school or college; or
22-27 (2) students of a reputable dental college who perform
23-1 their operations without pay except for actual cost of materials,
23-2 in the presence of and under the direct personal supervision of a
23-3 demonstrator or teacher who is a member of the faculty of a
23-4 reputable dental college; or
23-5 (3) persons doing laboratory work on inert matter
23-6 only, and who do not solicit or obtain work, by any means, from a
23-7 person or persons not a licensed dentist actually engaged in the
23-8 practice of dentistry and who do not act as the agents or
23-9 solicitors of, or have any interest whatsoever in, any dental
23-10 office, practice or the receipts therefrom; or
23-11 (4) physicians and surgeons legally authorized to
23-12 practice medicine as defined by the law of this state who do not
23-13 hold themselves out to the public as practicing dentistry; or
23-14 (5) dental hygienists legally authorized to practice
23-15 dental hygiene in this state and who practice dental hygiene in
23-16 strict conformity with the laws of Texas regulating the practice of
23-17 dental hygiene; or
23-18 (6) those persons who as members of an established
23-19 church practice healing by prayer only; or
23-20 (7) employees of a dentist who make dental x-rays in
23-21 the dental office and under the supervision of such dentist or
23-22 dentists legally engaged in the practice of dentistry in this
23-23 state; or
23-24 (8) Dental Health Service Corporations legally
23-25 chartered under Subsection (1) of Article 2.01, of the Texas
23-26 Nonprofit Corporation Act; or
23-27 (9) dental interns and dental residents as defined and
24-1 regulated by the Texas State Board of Dental Examiners in its rules
24-2 and regulations; or
24-3 (10) students of a reputable dental hygiene school who
24-4 practice dental hygiene without pay in strict conformity with the
24-5 laws of this state regulating the practice of dental hygiene; or
24-6 (11) dental assistants who perform the duties
24-7 permitted by Article 4551e-1, Revised Statutes, in strict
24-8 conformity with the laws of this state; or
24-9 (12) dentists licensed by another state or foreign
24-10 country who perform clinical procedures only for professional and
24-11 technical education demonstration purposes, provided that such
24-12 dentists must first obtain a temporary license for such purpose
24-13 from the State Board of Dental Examiners.
24-14 SECTION 19. Section 2, Article 4551e, Revised Statutes, is
24-15 amended to read as follows:
24-16 Sec. 2. A dental hygienist shall be not less than eighteen
24-17 (18) years of age and a graduate of an accredited high school or
24-18 hold a certificate of high school equivalency (GED) and be a
24-19 graduate of a recognized [and accredited] school or college of
24-20 dentistry or dental hygiene accredited by the Commission on Dental
24-21 Accreditation of the American Dental Association and approved by
24-22 the Texas State Board of Dental Examiners [in which the course of
24-23 instruction shall be the equivalent of not less than two (2) terms
24-24 of eight (8) months each and who shall have thereafter passed an
24-25 examination given by and before the Texas State Board of Dental
24-26 Examiners on subjects pertaining to dental hygiene, and who shall
24-27 have complied with all of the provisions of this Act and the rules
25-1 and regulations promulgated by the Texas State Board of Dental
25-2 Examiners].
25-3 SECTION 20. Section 4A(d), Article 4551e, Revised Statutes,
25-4 is amended to read as follows:
25-5 (d) A member of the advisory committee is entitled to the
25-6 compensatory per diem set by the General Appropriations Act for
25-7 each day that the member engages in committee business. A member
25-8 may receive reimbursement for travel expenses, including expenses
25-9 for meals and lodging [Except for transportation expenses, a member
25-10 is not entitled to reimbursement for travel expenses. A member is
25-11 entitled to reimbursement for transportation expenses as provided
25-12 by the General Appropriations Act].
25-13 SECTION 21. Section 5(a), Article 4551e, Revised Statutes,
25-14 is amended to read as follows:
25-15 (a) It shall be the duty of the Board to provide for the
25-16 examination of all qualified applicants for licensure as dental
25-17 hygienists in this State. All applicants for examination shall pay
25-18 a fee set by the Board to said Board as determined by said Board
25-19 according to its needs and shall apply upon forms furnished by the
25-20 Board and shall furnish such other information as the Board may in
25-21 its discretion require to determine any applicant's qualifications.
25-22 An applicant must attach to the application proof that the
25-23 applicant has successfully completed a current course in
25-24 cardiopulmonary resuscitation given or approved by the American
25-25 Heart Association or American Red Cross before the date on which
25-26 the applicant submits the application or, in the event that the
25-27 applicant is not physically capable of successfully completing such
26-1 training, a written statement executed by either a licensed
26-2 physician or an instructor in cardiopulmonary resuscitation
26-3 approved by the American Heart Association or American Red Cross
26-4 that describes such physical incapacity. The examination shall be
26-5 taken by all applicants on such subjects and operations pertaining
26-6 to dentistry and dental hygiene which shall include Dental Anatomy,
26-7 Pharmacology, X-Ray, Ethics, Jurisprudence, and Hygiene, and such
26-8 other subjects as are regularly taught in reputable schools of
26-9 dentistry and dental hygiene, as the Board in its discretion may
26-10 require. [The examination shall be given orally or in writing, or
26-11 by giving a practical demonstration of the applicant's skill or by
26-12 any combination of such methods or subjects as the Board may in its
26-13 discretion require.] The Board shall contract with an independent
26-14 or regional testing service for any required clinical examination.
26-15 In the event that the Board uses a regional testing service, the
26-16 Board is authorized to contract for or otherwise use the services
26-17 of licensed dental hygienists in this State for the purpose of
26-18 providing assistance to the regional testing service. The Board
26-19 shall have the written portion of the examination validated by an
26-20 independent testing professional. The Board shall report such
26-21 grades to the applicant within a reasonable time after such
26-22 examination, and each applicant who has satisfactorily passed all
26-23 phases of the examination as determined by the Board shall be
26-24 entitled to and shall be issued a license permitting such applicant
26-25 to practice dental hygiene in the State of Texas as is defined and
26-26 regulated by the law of this State.
26-27 SECTION 22. Subsections (a) and (b), Article 4551e-1,
27-1 Revised Statutes, are amended to read as follows:
27-2 (a) A dental assistant is not required to be professionally
27-3 licensed if the dental assistant is [one who is] employed by and
27-4 works in the office of a licensed[, registered,] and practicing
27-5 dentist and [who] performs one or more delegated dental acts under
27-6 the direct supervision, direction, and responsibility of such
27-7 dentist. Direct supervision, direction, and responsibility as used
27-8 in this article means that the employing dentist or dentist in
27-9 charge is physically present in the dental office when a dental
27-10 assistant performs a delegated dental act.
27-11 (b) A person licensed to practice dentistry may delegate to
27-12 any qualified and properly trained dental assistant acting under
27-13 the dentist's direct supervision any dental act that a reasonable
27-14 and prudent dentist would find is within the scope of sound dental
27-15 judgment to delegate if, in the opinion of the delegating dentist,
27-16 the act can be properly and safely performed by the person to whom
27-17 the dental act is delegated and the act is performed in its
27-18 customary manner, not in violation of this Act or any other
27-19 statute, and the person to whom the dental act is delegated does
27-20 not hold himself out to the public as being authorized to practice
27-21 dentistry. However, a dentist may not:
27-22 (1) delegate an act to an individual who, by order of
27-23 the Board, is prohibited from performing the act;
27-24 (2) delegate the performance of any of the following
27-25 acts to a person not licensed as a dentist or dental hygienist:
27-26 (A) the removal of calculus, deposits, or
27-27 accretions from the natural and restored surfaces of exposed human
28-1 teeth and restorations in the human mouth;
28-2 (B) root planing or the smoothing and polishing
28-3 of roughened root surfaces or exposed human teeth; or
28-4 (C) any other act the delegation of which is
28-5 prohibited by the rules of the Board; [or]
28-6 (3) delegate the performance of any of the following
28-7 acts to a person not licensed as a dentist:
28-8 (A) comprehensive examination or diagnosis and
28-9 treatment planning;
28-10 (B) a surgical or cutting procedure on hard or
28-11 soft tissue;
28-12 (C) the prescription of a drug, medication, or
28-13 work authorization;
28-14 (D) the taking of an impression for a final
28-15 restoration, appliance, or prosthesis;
28-16 (E) the making of an intraoral occlusal
28-17 adjustment;
28-18 (F) the performance of direct pulp capping,
28-19 pulpotomy, or any other endodontic procedure;
28-20 (G) the final placement and intraoral adjustment
28-21 of a fixed or removable appliance; or
28-22 (H) the placement of any final restoration; or
28-23 (4) delegate the authority to administer a local
28-24 anesthetic agent, inhalation sedative agent, parenteral sedative
28-25 agent, or general anesthetic agent to an individual not licensed
28-26 as:
28-27 (A) a dentist with a permit issued by the Texas
29-1 State Board of Dental Examiners for the procedure being performed,
29-2 if a permit is required;
29-3 (B) a certified registered nurse anesthetist
29-4 licensed by the Texas Board of Nurse Examiners, only if the
29-5 delegating dentist holds a permit issued by the Texas State Board
29-6 of Dental Examiners for the procedure being performed, if a permit
29-7 is required; or
29-8 (C) a physician anesthesiologist licensed by the
29-9 Texas State Board of Medical Examiners [(I) the administration of a
29-10 local anesthetic, parenteral or inhalational sedative agent, or
29-11 general anesthetic agent].
29-12 SECTION 23. Section 8, Article 4551f, Revised Statutes, is
29-13 amended by amending Subsection (a) and adding Subsection (g) to
29-14 read as follows:
29-15 (a) The Board may refuse to issue a certificate of
29-16 registration, [or] may suspend or revoke a certificate, may impose
29-17 a fine, or may probate all or part of a suspension if after a
29-18 hearing the Board finds that the person applying for or holding a
29-19 certificate of registration has violated or aided another person in
29-20 violating any law regulating the practice of dentistry [has
29-21 violated this article]. In any complaint or disciplinary action
29-22 under this article, the Board shall follow the procedures
29-23 prescribed for dentists and dental hygienists under Article 4549,
29-24 Revised Statutes.
29-25 (g) For purposes of Subsection (a) of this section, a person
29-26 applying for or holding a certificate of registration includes:
29-27 (1) a person having an ownership interest in a dental
30-1 laboratory that is registered or for which an application for
30-2 registration has been filed; and
30-3 (2) a person acting under the direction or control of
30-4 a person having an ownership interest in a dental laboratory.
30-5 SECTION 24. Article 4551n, Revised Statutes, is amended to
30-6 read as follows:
30-7 Art. 4551n. EMPLOYMENT OF DENTISTS
30-8 Sec. 1. (a) The Board shall, on a form and under rules
30-9 adopted by the Board, approve and certify any health organization
30-10 to contract with or employ dentists licensed by the Board on
30-11 application by the organization and presentation of satisfactory
30-12 proof to the Board that the organization:
30-13 (1) is a nonprofit corporation under the Texas
30-14 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
30-15 Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code
30-16 of 1986 (26 U.S.C. Section 501); and
30-17 (2) is organized and operated as a migrant, community,
30-18 or homeless health center under the authority of and in compliance
30-19 with 42 U.S.C. Section 254b, 254c, or 256 or as a federally
30-20 qualified health center under 42 U.S.C. Section 1396d(l)(2)(B).
30-21 (b) Any dentist providing dental services under Subsection
30-22 (a) of this section [article] shall provide those services free of
30-23 charge or at a reduced fee commensurate with the patient's ability
30-24 to pay in strict compliance with the applicable provisions of 42
30-25 U.S.C. Section 254b, 254c, or 256.
30-26 (c) The Board may, at its discretion, refuse to approve or
30-27 certify any such health organization making application to the
31-1 Board if in the Board's determination the applying nonprofit
31-2 corporation is established or organized or operated in
31-3 contravention of or with the intent to circumvent any provision of
31-4 this Act.
31-5 Sec. 2. A dentist licensed by the Board may be employed by
31-6 or contract with a governmental entity providing dental services
31-7 under federal or state law.
31-8 Sec. 3. A dentist licensed by the Board may be employed by
31-9 or contract with an organization that meets the requirements of
31-10 Section (1)(a)(1) of this article if the organization is approved
31-11 by the Board as an organization that provides services to
31-12 underserved populations for no fee or a reduced fee.
31-13 SECTION 25. Section 467.004(a), Health and Safety Code, is
31-14 amended to read as follows:
31-15 (a) A licensing or disciplinary authority may add a
31-16 surcharge of not more than $10 [$5] to its license or license
31-17 renewal fee to fund an approved peer assistance program. The
31-18 authority must adopt the surcharge in accordance with the procedure
31-19 that the authority uses to initiate and adopt an increase in its
31-20 license or license renewal fee.
31-21 SECTION 26. Section 467.0041(b), Health and Safety Code, is
31-22 amended to read as follows:
31-23 (b) The board may add a surcharge of not more than $10 [$5]
31-24 to its license or license renewal fee to fund an approved peer
31-25 assistance program.
31-26 SECTION 27. Article 2.12, Code of Criminal Procedure, is
31-27 amended to read as follows:
32-1 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
32-2 officers:
32-3 (1) sheriffs and their deputies;
32-4 (2) constables and deputy constables;
32-5 (3) marshals or police officers of an incorporated
32-6 city, town, or village;
32-7 (4) rangers and officers commissioned by the Public
32-8 Safety Commission and the Director of the Department of Public
32-9 Safety;
32-10 (5) investigators of the district attorneys', criminal
32-11 district attorneys', and county attorneys' offices;
32-12 (6) law enforcement agents of the Texas Alcoholic
32-13 Beverage Commission;
32-14 (7) each member of an arson investigating unit
32-15 commissioned by a city, a county, or the state;
32-16 (8) officers commissioned under Section 37.081,
32-17 Education Code, or Subchapter E, Chapter 51, Education Code;
32-18 (9) officers commissioned by the General Services
32-19 Commission;
32-20 (10) law enforcement officers commissioned by the
32-21 Parks and Wildlife Commission;
32-22 (11) airport police officers commissioned by a city
32-23 with a population of more than one million, according to the most
32-24 recent federal census, that operates an airport that serves
32-25 commercial air carriers;
32-26 (12) airport security personnel commissioned as peace
32-27 officers by the governing body of any political subdivision of this
33-1 state, other than a city described by Subdivision (11), that
33-2 operates an airport that serves commercial air carriers;
33-3 (13) municipal park and recreational patrolmen and
33-4 security officers;
33-5 (14) security officers commissioned as peace officers
33-6 by the State Treasurer;
33-7 (15) officers commissioned by a water control and
33-8 improvement district under Section 51.132, Water Code;
33-9 (16) officers commissioned by a board of trustees
33-10 under Chapter 341, Acts of the 57th Legislature, Regular Session,
33-11 1961 (Article 1187f, Vernon's Texas Civil Statutes);
33-12 (17) investigators commissioned by the Texas State
33-13 Board of Medical Examiners;
33-14 (18) officers commissioned by the board of managers of
33-15 the Dallas County Hospital District, the Tarrant County Hospital
33-16 District, or the Bexar County Hospital District under Section
33-17 281.057, Health and Safety Code;
33-18 (19) county park rangers commissioned under Subchapter
33-19 E, Chapter 351, Local Government Code;
33-20 (20) investigators employed by the Texas Racing
33-21 Commission;
33-22 (21) officers commissioned by the State Board of
33-23 Pharmacy;
33-24 (22) officers commissioned by the governing body of a
33-25 metropolitan rapid transit authority under Section 451.108,
33-26 Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,
33-27 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
34-1 Statutes)], or by a regional transportation authority under Section
34-2 452.110, Transportation Code [10, Chapter 683, Acts of the 66th
34-3 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
34-4 Civil Statutes)];
34-5 (23) [officers commissioned under the Texas High-Speed
34-6 Rail Act (Article 6674v.2, Revised Statutes);]
34-7 [(24)] investigators commissioned by the attorney
34-8 general under Section 402.009, Government Code;
34-9 (24) [(25)] security officers and investigators
34-10 commissioned as peace officers under Chapter 466, Government Code;
34-11 (25) [(26)] an officer employed by the Texas
34-12 Department of Health under Section 431.2471, Health and Safety
34-13 Code;
34-14 (26) [(27)] officers appointed by an appellate court
34-15 under Subchapter F, Chapter 53, Government Code;
34-16 (27) [(28)] officers commissioned by the state fire
34-17 marshal under Chapter 417, Government Code; [and]
34-18 (28) [(29)] an investigator commissioned by the
34-19 commissioner of insurance under Article 1.10D, Insurance Code;[.]
34-20 (29) apprehension specialists commissioned by the
34-21 Texas Youth Commission as officers under Section 61.0931, Human
34-22 Resources Code; and
34-23 (30) an investigator commissioned by the State Board
34-24 of Dental Examiners under Section 1(f), Article 4548h, Revised
34-25 Statutes.
34-26 SECTION 28. The following are repealed:
34-27 (1) Section 2, Article 4544, Revised Statutes;
35-1 (2) Section 4, Article 4548h, Revised Statutes; and
35-2 (3) Section 2A(f), Article 4550a, Revised Statutes.
35-3 SECTION 29. (a) This Act takes effect September 1, 1997.
35-4 (b) The State Board of Dental Examiners shall adopt rules
35-5 required under this Act not later than December 1, 1997.
35-6 (c) The change in law made by this Act regarding a
35-7 disciplinary proceeding or contested case applies only to a
35-8 proceeding for a violation that occurs on or after the effective
35-9 date of this Act. A violation that occurs before the effective
35-10 date of this Act is governed by the law in effect on the date the
35-11 violation occurred, and the former law is continued in effect for
35-12 that purpose.
35-13 SECTION 30. The importance of this legislation and the
35-14 crowded condition of the calendars in both houses create an
35-15 emergency and an imperative public necessity that the
35-16 constitutional rule requiring bills to be read on three several
35-17 days in each house be suspended, and this rule is hereby suspended.