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.