1-1     By:  Sibley                                            S.B. No. 877

 1-2           (In the Senate - Filed March 3, 1997; March 5, 1997, read

 1-3     first time and referred to Committee on Health and Human Services;

 1-4     April 14, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 11, Nays 0; April 14, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 877                 By:  Moncrief

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the regulation of the practice of dentistry.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subsection (a), Section 1, Article 4544, Revised

1-13     Statutes, is amended to read as follows:

1-14           (a)  It shall be the duty of the Board to provide for the

1-15     examination of all applicants for license to practice dentistry in

1-16     this State.  Each person applying for an examination shall pay to

1-17     said Board a fee set by the Board and shall be granted a license to

1-18     practice dentistry in this State upon his satisfactorily passing an

1-19     examination provided for by said Board on subjects and operations

1-20     pertaining to dentistry which shall include Anatomy, Physiology,

1-21     Anaesthesia, Biochemistry, Dental Materials, Diagnosis, Treatment

1-22     Planning, Ethics, Jurisprudence, Hygiene, Pharmacology, Operative

1-23     Dentistry, Oral Surgery, Orthodontia, Periodontia, Prosthetic

1-24     Dentistry, Pathology, Microbiology, and such other subjects as are

1-25     regularly taught in reputable Dental Schools as the Board may in

1-26     its discretion require.  [The examination shall be given either

1-27     orally or in writing, or by giving a practical demonstration of the

1-28     applicant's skill, or by any combination of such methods or

1-29     subjects as the Board may in its discretion require.]  The Board

1-30     shall contract with an independent or regional testing service for

1-31     any required clinical examination.  In the event that the Board

1-32     uses a regional testing service, the Board is authorized to

1-33     contract for or otherwise use the services of licensed dentists in

1-34     this state for the purpose of providing assistance to the regional

1-35     testing service.  The Board shall have the written portion of the

1-36     examination validated by an independent testing professional.

1-37           SECTION 2.  Article 4545, Revised Statutes, is amended to

1-38     read as follows:

1-39           Art. 4545.  QUALIFICATIONS OF APPLICANTS.  Each applicant for

1-40     a license to practice dentistry in this state shall be not less

1-41     than twenty-one (21) years of age and shall present evidence of

1-42     good moral character and:

1-43                 (1)  proof of graduation from a dental school

1-44     accredited by the Commission on Dental Accreditation of the

1-45     American Dental Association; or

1-46                 (2)  proof of:

1-47                       (A)  graduation from a dental school that is not

1-48     accredited by the Commission on Dental Accreditation of the

1-49     American Dental Association; and

1-50                       (B)  successful completion of training in an

1-51     American Dental Association approved specialty in an education

1-52     program accredited by the Commission on Dental Accreditation and

1-53     that consists of at least two years of training as specified by the

1-54     Council on Dental Education [reputable dental college and evidence

1-55     of good moral character.  A dental college shall be held reputable

1-56     whose entrance requirements and course of instruction are as high

1-57     as those adopted by the better class of dental colleges of the

1-58     United States, and whose course of instruction shall be the

1-59     equivalent of not less than four (4) terms of eight (8) months

1-60     each].

1-61           SECTION 3.  Article 4545a, Revised Statutes, is amended to

1-62     read as follows:

1-63           Art. 4545a.  LICENSING BY CREDENTIALS[; LICENSING OF

1-64     FOREIGN-TRAINED DENTISTS].

 2-1           [Sec. 1.] (a)  The State Board of Dental Examiners, upon

 2-2     payment by the applicant of a fee set by the Board, shall grant a

 2-3     license to practice dentistry or dental hygiene to any reputable

 2-4     dentist or dental hygienist who:

 2-5                 (1)  is licensed in good standing as a dentist or

 2-6     dental hygienist in another state, the District of Columbia, or a

 2-7     territory of the United States that has licensing requirements that

 2-8     are substantially equivalent to the requirements of this Act;

 2-9                 (2)  has not been the subject of final or pending

2-10     disciplinary action in any jurisdiction in which the dentist or

2-11     dental hygienist is or has been licensed;

2-12                 (3)  has graduated from a dental or dental hygiene

2-13     school accredited by the Commission on Dental Accreditation of the

2-14     American Dental Association and approved by the Board according to

2-15     rules established by the Board;

2-16                 (4)  has passed a national or other examination

2-17     recognized by the Board relating to dentistry or dental hygiene;

2-18                 (5)  has successfully completed the Board's

2-19     jurisprudence examination;

2-20                 (6)  has submitted documentation of current

2-21     cardiopulmonary resuscitation certification; [and]

2-22                 (7)  has practiced dentistry or dental hygiene:

2-23                       (A)  for a minimum of five years immediately

2-24     prior to applying; or

2-25                       (B)  as a dental educator at a dental school or

2-26     dental hygiene school accredited by the Commission on Dental

2-27     Accreditation of the American Dental Association for the [a minimum

2-28     of] five years immediately preceding the date of applying for the

2-29     license; and

2-30                 (8)  has met any additional criteria established by

2-31     Board rule [or]

2-32                       [(C)  for two years of obligated service in the

2-33     state under the National Health Service Corps or other federal

2-34     scholarship or loan repayment program].

2-35           (b)  In addition to the qualifications of Subsection (a) of

2-36     this article, a dentist applicant must be endorsed by the board of

2-37     dentistry of the jurisdiction of current practice.

2-38           (c)  The Board must complete the processing of an application

2-39     for a license not later than the 180th day after all documentation

2-40     and examination results required by this section have been received

2-41     by the Board or grant a license to the applicant.

2-42           [Sec. 2.  (a)  The Board, upon payment by the applicant of a

2-43     fee set by the Board, shall grant a license to a dentist or dental

2-44     hygienist who has not graduated from a dental or dental hygiene

2-45     school accredited by the Commission on Dental Accreditation of the

2-46     American Dental Association if:]

2-47                 [(1)  the dentist or dental hygienist has practiced for

2-48     a minimum of five years immediately prior to applying;]

2-49                 [(2)  the dentist or dental hygienist has not been the

2-50     subject of final or pending disciplinary action in any jurisdiction

2-51     in which the dentist or dental hygienist is or has been licensed;]

2-52                 [(3)  the Board, through a procedure adopted by rule,

2-53     has determined that the educational qualifications are equivalent

2-54     to those required to practice dentistry or dental hygiene in the

2-55     state; and]

2-56                 [(4)  the dentist or dental hygienist has completed all

2-57     examinations required by the Board for licensure.]

2-58           [(b)  The Board must complete the processing of an

2-59     application for a license not later than the 180th day after all

2-60     documentation, the determination of educational equivalency, and

2-61     examination results required by this section have been received by

2-62     the Board or grant a license to the applicant.]

2-63           [(c)  An applicant for a license to practice dentistry

2-64     applying under this section who fails the qualifying clinical

2-65     examination required by the Board under its rules three times shall

2-66     be required to attend a two-year program at a dental school

2-67     accredited by the Commission on Dental Accreditation of the

2-68     American Dental Association.  The Board shall review two-year

2-69     programs offered to fulfill the requirements of this subsection for

 3-1     educational sufficiency.]

 3-2           SECTION 4.  Article 4548c, Revised Statutes, is amended to

 3-3     read as follows:

 3-4           Art. 4548c.  PRACTICE AFTER LICENSE HAS BEEN REVOKED.  No

 3-5     person whose license to practice dentistry in this State has been

 3-6     [shall be] revoked by any district court of this State or by the

 3-7     State Board of Dental Examiners may [shall] practice or attempt to

 3-8     practice dentistry or dental surgery in this State after such

 3-9     license has been so revoked.

3-10           SECTION 5.  Article 4548e, Revised Statutes, is amended to

3-11     read as follows:

3-12           Art. 4548e.  USE OF TRADE NAME.  Any person, corporation,

3-13     [It shall be unlawful for any person or persons to practice

3-14     dentistry in this State under the name of a corporation, company,

3-15     association, or trade name unless included as a prominent portion

3-16     of such name is the proper name used on the license, as issued by

3-17     the State Board of Dental Examiners, of the dentist or dentists

3-18     practicing under such corporate, company, association, or trade

3-19     name.  Provided, however, any corporate,] company, or association,

3-20     may use a corporation, company, association, or trade name.  Any

3-21     advertisement by the corporation, company, association, or trade

3-22     name must [used by a group of dentists in a nonprint medium shall

3-23     only be required to] include prominently the name of at least one

3-24     dentist practicing under such name.  The person, corporation,

3-25     company, or association shall file with the State Board of Dental

3-26     Examiners a list of all dentists who practice under the name and a

3-27     list of each trade name used if the trade name is different from

3-28     the corporation, company, or association name.  A list required

3-29     under this section must be updated and filed with the  Board not

3-30     later than the 30th day after the date of the change.   Each day of

3-31     violation of this Article shall constitute a separate offense.

3-32           SECTION 6.  Section 1, Chapter 501, Acts of the 45th

3-33     Legislature, Regular Session, 1937 (Article 4548h, Vernon's Texas

3-34     Civil Statutes), is amended by amending Subsections (f) through (j)

3-35     and adding Subsections (k) and (l) to read as follows:

3-36           (f)  A complaint received under this article must be filed

3-37     with the Board and reviewed to determine jurisdiction.  If the

3-38     Board has jurisdiction, the Board shall require an investigation of

3-39     the complaint to determine the facts concerning the complaint.

3-40           (g)  The Board shall dispose of all complaints in a timely

3-41     manner.  The Board shall establish a schedule for conducting each

3-42     phase of a complaint that is under the control of the Board.  The

3-43     schedule shall be kept in the information file for the complaint.

3-44     A change in the schedule must be noted in the complaint information

3-45     file.

3-46           (h) [(g)]  The Executive Director of the Board shall notify

3-47     the Board of the number of complaints that extend beyond a two-year

3-48     time frame for resolution.  The Executive Director shall provide

3-49     the Board with an explanation of the reasons that the complaints

3-50     have not been resolved.  The notice and explanation required shall

3-51     be provided to the Board periodically at regularly scheduled Board

3-52     meetings.

3-53           (i) [(h)]  The Board by rule shall adopt procedures

3-54     governing:

3-55                 (1)  informal disposition of a contested case under

3-56     Section 2001.056, Government Code; and

3-57                 (2)  informal proceedings held in compliance with

3-58     Section 2001.054(c), Government Code.

3-59           (j) [(i)]  Rules adopted under this section must provide the

3-60     complainant, where applicable and permitted by law, an opportunity

3-61     to be heard, must provide the licensee an opportunity to be heard,

3-62     and must require the presence of an attorney to advise the Board or

3-63     the Board's employees.  The attorney must be a member of the

3-64     Board's legal staff, if the Board has a legal staff.  If the Board

3-65     does not have a legal staff, the attorney must be an employee of

3-66     the office of the attorney general.

3-67           (k) [(j)]  The Board by rule shall develop a system for

3-68     monitoring license holders' compliance with the requirements of

3-69     this Act.  Rules adopted under this section shall include

 4-1     procedures for monitoring a license holder who is ordered by the

 4-2     Board to perform certain acts to ascertain that the license holder

 4-3     performs the required acts and to identify and monitor license

 4-4     holders who represent a risk to the public.

 4-5           (l)  The Board may only consider a complaint that is filed

 4-6     with the Board not later than the fourth anniversary of the date

 4-7     the complained-of act occurred or of the date the complainant

 4-8     discovered, or in the exercise of reasonable diligence should have

 4-9     discovered, the occurrence of the complained-of act.

4-10           SECTION 7.  Sections 2 and 3, Chapter 501, Acts of the 45th

4-11     Legislature, Regular Session, 1937 (Article 4548h, Vernon's Texas

4-12     Civil Statutes), are amended to read as follows:

4-13           Sec. 2.  (a)  The Board shall revoke[, cancel,] or suspend

4-14     any license or licenses that may have been issued by such Board,

4-15     impose a fine on a license holder, place on probation with

4-16     conditions a person whose license has been suspended, or reprimand

4-17     a licensee if in the opinion of a majority of such Board any person

4-18     or persons to whom a license has been issued by said Board to

4-19     practice dentistry or dental hygiene in this State shall have,

4-20     after the issuance of such license, violated any of the provisions

4-21     of the Statutes of the State of Texas relating to the practice of

4-22     dentistry or dental hygiene in this State, or any of the provisions

4-23     of Chapter 9, Title 71, Revised Statutes, or any amendments that

4-24     may hereafter be made thereto, or a rule of the Board.  All

4-25     revocations[, cancellations,] or suspensions of licenses by the

4-26     Board shall be made in the manner provided by Chapter 2001,

4-27     Government Code (Administrative Procedure Act).

4-28           (b)  Notice of a hearing issued [All complaints to be

4-29     considered] by the Board under this article shall be made in

4-30     writing and shall set out the alleged violations of such Statutes

4-31     or rules.

4-32           (c)  [All complaints under this article as received shall be

4-33     filed with the Secretary of the Board or an authorized employee of

4-34     the Board.  All complaints filed with the Board shall be reviewed

4-35     to determine jurisdiction, and if jurisdiction exists, the

4-36     Secretary of the Board or designee shall cause an investigation of

4-37     such complaint to be made to determine the facts in such case.  If

4-38     the facts as determined by such investigation justify further

4-39     action, the disposition of the complaint shall comply with this

4-40     article.]

4-41           [(d)]  If a licensee suspension is probated, the Board may

4-42     require the practitioner:

4-43                 (1)  to report regularly to the Board on matters that

4-44     are the basis of the probation;

4-45                 (2)  to limit practice to the areas prescribed by the

4-46     Board; or

4-47                 (3)  to continue or review professional education until

4-48     the practitioner attains a degree of skill satisfactory to the

4-49     Board in those areas that are the basis of the probation.

4-50           (d) [(e)]  If the Board or an executive committee of the

4-51     Board determines from the evidence or information presented to it

4-52     that a person licensed under this Act by continuation in practice

4-53     would constitute a clear, imminent, or continuing threat to a

4-54     person's physical health or well-being, the Board or the executive

4-55     committee of the Board shall temporarily suspend the license of

4-56     that person.  The license may be suspended under this section

4-57     without notice or hearing on the complaint, provided the Board or

4-58     the executive committee of the Board simultaneously with the

4-59     temporary suspension requests the State Office of Administrative

4-60     Hearings to set a date for a hearing on the temporary suspension.

4-61     A hearing shall be held not later than fourteen (14) days after the

4-62     date of the suspension unless a continuance is requested by the

4-63     licensee.  A second hearing on the suspension shall be held by the

4-64     State Office of Administrative Hearings within sixty (60) days

4-65     after the date the suspension was ordered or after the date

4-66     specified in the continuance requested by the licensee.  The time

4-67     requirements in this subsection must be adhered to or the

4-68     suspension is lifted without further order or action.

4-69           (e) [(f)]  All proceedings under this section are subject to

 5-1     Chapter 2001, Government Code [complaints considered by the Board

 5-2     must be filed with the Board within four (4) years after the date

 5-3     on which the act occurred or within four (4) years after a

 5-4     complainant discovered, or in the exercise of reasonable diligence

 5-5     should have discovered, the occurrence of the act].

 5-6           Sec. 3.  (a)  A person aggrieved by a ruling, order, or

 5-7     decision of the Board under this article has the right to appeal as

 5-8     provided by Chapter 2001, Government Code [to a district court in

 5-9     the county of his residence or in the county where the alleged

5-10     offense occurred within thirty (30) days from the service of notice

5-11     of the action of the Board].

5-12           (b)  [The appeal having been properly filed, the court may

5-13     request of the Board and the Board on receiving the request shall

5-14     within thirty (30) days prepare and transmit to the court a

5-15     certified copy of its entire record in the matter in which the

5-16     appeal has been taken.  The appeal shall be tried in accordance

5-17     with the Texas Rules of Civil Procedure.]

5-18           [(c)]  If an aggrieved person fails to perfect an appeal as

5-19     provided in this section, the Board's ruling shall become final.

5-20           (c) [(d)]  Review by the court shall be by the substantial

5-21     evidence rule and not de novo.

5-22           [(e)  The court may, in its discretion, permit a person who

5-23     files an appeal under this section to stay enforcement of penalty

5-24     or punishment by giving to the court a supersedeas bond that is

5-25     approved by the court, unless there is a finding of clear,

5-26     imminent, or continuing harm to a person's physical health or

5-27     well-being by the State Office of Administrative Hearings in a

5-28     hearing held under Section 2(e) of this article.  If the court

5-29     sustains the occurrence of the violation, the court may uphold the

5-30     amount of penalty or punishment assessed or may reduce the amount

5-31     of penalty or punishment assessed.  If the court does not sustain

5-32     the occurrence of the violation, the court shall order that no

5-33     penalty or punishment is assessed.]

5-34           SECTION 8.  Subsection (b), Article 4548i, Revised Statutes,

5-35     is amended to read as follows:

5-36           (b)  Any person who shall violate a provision of Chapter 9,

5-37     Title 71, Revised Statutes, is liable to the state for a civil

5-38     penalty in an amount not to exceed $5,000 [$2,500].  Each day a

5-39     violation continues or occurs is a separate violation for the

5-40     purpose of imposing a penalty.  On request of the Board, the

5-41     attorney general or the county attorney or district attorney of the

5-42     county in which the violation is alleged to have occurred shall

5-43     file suit to collect the penalty.  A civil penalty collected under

5-44     this subsection shall be deposited in the state treasury to the

5-45     credit of the general revenue fund.

5-46           SECTION 9.  Chapter 9, Title 71, Revised Statutes, is amended

5-47     by adding Article 4548k to read as follows:

5-48           Art. 4548k.  CONTRACTUAL AND ORGANIZATIONAL AGREEMENTS

5-49           Sec. 1.  (a)  A person or organization providing dental

5-50     services in this state under an agreement or contract that allows

5-51     another person or organization to control or influence any aspect,

5-52     including business and professional aspects, of the provision of

5-53     dental services by the person or organization on request shall

5-54     report to the Board, under rules adopted by the Board:

5-55                 (1)  information concerning the contract or agreement;

5-56                 (2)  the manner in which fees are billed to a patient;

5-57                 (3)  the manner in which the dental service provider is

5-58     paid and information, if any, provided to a patient concerning that

5-59     payment agreement or contract; and

5-60                 (4)  information concerning the nature of the

5-61     arrangement provided to shareholders of organizations contracting

5-62     with a dental service provider.

5-63           (b)  A person or organization practicing dentistry that has

5-64     one or more dentists practicing with or under the person or

5-65     organization, regardless of whether the dentist has an ownership

5-66     interest or an employment or contractual relationship, is

5-67     responsible for all professional acts done under the name of the

5-68     person or organization.  This article does not affect an individual

5-69     license holder's responsibilities and rights under this chapter.

 6-1           Sec. 2.  A statute relating to the practice of dentistry in

 6-2     this state may not be construed to prohibit a licensed dentist from

 6-3     maintaining any number of offices in this state if the dentist:

 6-4                 (1)  assumes full legal responsibility and liability

 6-5     for the dental services rendered in each of the dentist's offices;

 6-6     and

 6-7                 (2)  complies with the requirements prescribed by Board

 6-8     rule.

 6-9           SECTION 10.  Section 1, Article 4549, Revised Statutes, is

6-10     amended to read as follows:

6-11           Sec. 1.   The State Board of Dental Examiners shall have

6-12     authority to refuse to examine any person or refuse to issue a

6-13     dental license or a dental hygienist license to any person for any

6-14     one or more of the following causes:

6-15                 (a)  Proof of presentation to the Board of any

6-16     dishonest or fake evidence of qualification, or being guilty of any

6-17     illegality, fraud, or deception in the process of examination, or

6-18     for the purpose of securing a license or certificate.

6-19                 (b)  Proof of chronic or habitual intoxication or

6-20     addiction to drugs on the part of the applicant.

6-21                 (c)  Proof that the applicant has been guilty of

6-22     dishonest or illegal practices in or connected with the practice of

6-23     dentistry or dental hygiene.

6-24                 (d)  Proof of conviction of the applicant of a felony

6-25     [involving moral turpitude] under the laws of this State or any

6-26     other State or of the United States.

6-27                 (e)  Proof that the applicant violated any of the

6-28     provisions of the statutes of the State of Texas relating to the

6-29     practice of dentistry or any provisions of Chapter 9, Title 71,

6-30     Revised Statutes, within 12 months before the filing of an

6-31     application for the license.

6-32           SECTION 11.  Section 2, Article 4549, Revised Statutes, is

6-33     amended to read as follows:

6-34           Sec. 2.  The State Board of Dental Examiners shall have

6-35     jurisdiction and authority, after notice and hearing, to suspend or

6-36     revoke a dental license or a dental hygienist license, to impose a

6-37     fine on a person licensed under this chapter, to place on probation

6-38     with conditions a person whose license or certificate is suspended,

6-39     or to reprimand a licensee or certificate holder, and in addition

6-40     to or in lieu of said suspension, revocation, probation, or

6-41     reprimand, to assess an administrative penalty as provided for in

6-42     Article 4548j, Revised Statutes, for any one or more of the

6-43     following causes:

6-44                 (a)  Proof of insanity of the holder of a license or

6-45     certificate, as adjudged by the regularly constituted authorities.

6-46                 (b)  Proof of conviction of the holder of a license or

6-47     certificate of any felony or a misdemeanor involving fraud under

6-48     the laws of this State or any other State or of the United States.

6-49                 (c)  That the holder thereof has been or is guilty of

6-50     dishonorable conduct, malpractice, [or] gross incompetency, or

6-51     failure to treat a patient according to the standard of care in the

6-52     practice of dentistry or dental hygiene.

6-53                 (d)  That the holder thereof has been or is guilty of

6-54     any deception or misrepresentation for the purpose of soliciting or

6-55     obtaining patronage.

6-56                 (e)  That the holder thereof procured a license or

6-57     certificate through fraud or misrepresentation.

6-58                 (f)  That the holder thereof is addicted to habitual

6-59     intoxication or the use of drugs.

6-60                 (g)  That a dentist employs or permits or has employed

6-61     or permitted persons to practice dentistry in the office or offices

6-62     under his control or management, who were not licensed to practice

6-63     dentistry.

6-64                 (h)  That the holder thereof has failed to use proper

6-65     diligence in the conduct of his practice or to safeguard his

6-66     patients against avoidable infections.

6-67                 (i)  That the holder thereof has failed or refused to

6-68     comply with any State law relating to the regulation of dentists or

6-69     dental hygienists.

 7-1                 (j)  That the holder thereof has failed or refused to

 7-2     comply with the adopted and promulgated rules and regulations of

 7-3     the Board.

 7-4                 (k)  That the holder thereof is physically or mentally

 7-5     incapable of practicing with safety to dental patients.

 7-6                 (l)  That the holder thereof has been negligent in the

 7-7     performance of dental services which injured or damaged dental

 7-8     patients.

 7-9                 (m)  Proof of suspension, revocation, probation,

7-10     reprimand, or other restriction by another State of a license or

7-11     certificate to practice dentistry or dental hygiene based upon acts

7-12     by the licensee or certificate holder enumerated in this section.

7-13                 (n)  That the holder thereof has knowingly provided or

7-14     agreed to provide dental care in a manner which violates any

7-15     provision of federal or State law regulating a plan whereby any

7-16     person undertakes to provide, arrange for, pay for, or reimburse

7-17     any part of the cost of any dental care services or regulating the

7-18     business of insurance.

7-19           SECTION 12.  Subsection (a), Section 3, Article 4549, Revised

7-20     Statutes, is amended to read as follows:

7-21           (a)  If the Board proposes to refuse to examine a person, to

7-22     suspend or revoke a license, to impose a fine, to place on

7-23     probation a person whose license has been suspended, or to

7-24     reprimand a license holder, the person is entitled to a hearing

7-25     under Chapter 2001, Government Code [before the Board].

7-26           SECTION 13.  Article 4549-1, Revised Statutes, is amended to

7-27     read as follows:

7-28           Art. 4549-1.  REVOCATION AND SUSPENSION OF LICENSE FOR

7-29     DRUG-RELATED FELONY CONVICTION.  On conviction of a person licensed

7-30     by the board of a felony under Chapter 481, Health and Safety Code,

7-31     Section 485.033, Health and Safety Code, or Chapter 483, Health and

7-32     Safety Code, the board shall, after an administrative hearing

7-33     conducted in accordance with Chapter 2001, Government Code [the

7-34     Administrative Procedure and Texas Register Act, as amended

7-35     (Article 6252-13a, Vernon's Texas Civil Statutes)], in which the

7-36     fact of conviction is determined, suspend the person's license.  On

7-37     the person's final conviction, the board shall revoke the person's

7-38     license.  The board may not reinstate or reissue a license to a

7-39     person whose license is suspended or revoked under this article

7-40     except on an express determination based on substantial evidence

7-41     contained in an investigative report indicating that the

7-42     reinstatement or reissue of the license is in the best interests of

7-43     the public and of the person whose license has been suspended or

7-44     revoked.

7-45           SECTION 14.  Article 4550, Revised Statutes, is amended to

7-46     read as follows:

7-47           Art. 4550.  Records of the Board

7-48           Sec. 1.  The Board shall keep records in which shall be

7-49     registered the name and residence and [or] place of business of all

7-50     persons authorized under this law to practice dentistry, dental

7-51     hygiene and such other professions or businesses under its

7-52     jurisdiction as provided by law.  Each dentist, dental hygienist,

7-53     dental laboratory, and dental technician registered with the Board

7-54     shall timely notify the Board of:

7-55                 (1)  any change of address of the place of business of

7-56     such [the] dentist, hygienist, laboratory, or technician; and

7-57                 (2)  any change of employers by such [the] dentist,

7-58     hygienist, the laboratory, or technician, and any change of owners

7-59     of the laboratory.

7-60           The Board is timely notified if it receives the notice within

7-61     60 days after the date the change occurs.

7-62           Sec. 2.  All of the records and files of the Texas State

7-63     Board of Dental Examiners shall be public records and open to

7-64     inspection at reasonable times, except the investigation files and

7-65     records which shall be confidential and shall be divulged only to

7-66     persons so investigated upon completion of said investigation.  It

7-67     is not a violation of this section for the Board to share

7-68     investigation files and records with another state regulatory

7-69     agency or federal law enforcement agency during the course of a

 8-1     joint investigation or in determining the feasibility of conducting

 8-2     an investigation.

 8-3           SECTION 15.  Subsection (b), Article 4551, Revised Statutes,

 8-4     is amended to read as follows:

 8-5           (b)  The Board shall establish reasonable and necessary fees

 8-6     so that the fees, in the aggregate, produce sufficient revenue to

 8-7     cover the cost of administering this Act.

 8-8           [The Board may not set a fee at an amount less than the

 8-9     amount of that fee on September 1, 1993.]

8-10           SECTION 16.  Article 4551a, Revised Statutes, is amended to

8-11     read as follows:

8-12           Art. 4551a.  PERSONS REGARDED AS PRACTICING DENTISTRY.  Any

8-13     person shall be regarded as practicing dentistry within the meaning

8-14     of this Chapter:

8-15                 (1)  Who publicly professes to be a dentist or dental

8-16     surgeon or who uses or permits to be used for himself or for any

8-17     other person, the title of "Doctor," "Dr.," "Doctor of Dental

8-18     Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," or any

8-19     other letters, titles, terms or descriptive matter, including use

8-20     of the terms "denturist" or "denturism," which directly or

8-21     indirectly represents him as being able to diagnose, treat, remove

8-22     stains or concretions from teeth, provide surgical and adjunctive

8-23     treatment for any disease, pain, injury, deficiency, deformity or

8-24     physical condition of the human teeth, oral cavity, alveolar

8-25     process, gums, jaws or directly related and adjacent masticatory

8-26     structures.

8-27                 (2)  Who shall offer or undertake by any means or

8-28     methods whatsoever, to clean teeth or to remove stains, concretions

8-29     or deposits from teeth in the human mouth, or who shall undertake

8-30     or offer to diagnose, treat, operate, or prescribe by any means or

8-31     methods for any disease, pain, injury, deficiency, deformity, or

8-32     physical condition of the human teeth, oral cavity, alveolar

8-33     process, gums, or jaws.

8-34                 (3)  Any person who shall offer or undertake in any

8-35     manner to prescribe or make, or cause to be made, an impression of

8-36     any portion of the human mouth, teeth, gums, or jaws, for the

8-37     purpose of diagnosing, prescribing, treating, or aiding in the

8-38     diagnosing, prescribing or treating, any physical condition of the

8-39     human mouth, teeth, gums or jaws, or for the purpose of

8-40     constructing or aiding in the construction of any dental appliance,

8-41     denture, dental bridge, false teeth, dental plate or plates of

8-42     false teeth, or any other substitute for human teeth.

8-43                 (4)  Any one who owns, maintains or operates any office

8-44     or place of business where he employs or engages, under any kind of

8-45     contract whatsoever, any other person or persons to practice

8-46     dentistry as above defined shall be deemed to be practicing

8-47     dentistry himself and shall himself be required to be duly licensed

8-48     to practice dentistry as hereinabove defined, and shall be subject

8-49     to all of the other provisions of this Chapter, even though the

8-50     person or persons so employed or engaged by him shall be duly

8-51     licensed to practice dentistry as hereinabove defined, unless

8-52     otherwise provided by law.

8-53                 (5)  Any person, firm, group, association, or

8-54     corporation who shall offer or undertake to fit, adjust, repair, or

8-55     substitute in the human mouth or directly related and adjacent

8-56     masticatory structures any dental appliance, structure, prosthesis,

8-57     or denture, or who shall aid or cause to be fitted, adjusted,

8-58     repaired, or substituted in the human mouth or directly related and

8-59     adjacent masticatory structures any dental appliance, structure,

8-60     prosthesis, or denture.

8-61                 (6)  Who makes, fabricates, processes, constructs,

8-62     produces, reproduces, duplicates, repairs, relines, or fixes any

8-63     full or partial denture, any fixed or removable dental bridge or

8-64     appliance, any dental plate or plates of false teeth, any

8-65     artificial dental restoration, or any substitute or corrective

8-66     device or appliance for the human teeth, gums, jaws, mouth,

8-67     alveolar process, or any part thereof for another, or who in any

8-68     manner offers, undertakes, aids, abets, or causes another person so

8-69     to do for another, without a written prescription or work-order

 9-1     therefor signed by the dentist legally engaged in the practice of

 9-2     dentistry in this state or in the jurisdiction where such dentist

 9-3     maintains his dental office and who prescribed and ordered same.

 9-4                 (7)  Who shall offer or undertake or cause another to

 9-5     do, directly or indirectly, for any person any act, service, or

 9-6     work in the practice of dentistry or any part thereof as provided

 9-7     for in the laws of Texas relating to the practice of dentistry

 9-8     including without limitation the inducing, administering,

 9-9     prescribing, or dispensing any anesthesia, anesthetic drug,

9-10     medicine, or agent in anywise incidental to or in connection with

9-11     the practice of dentistry; or who permits or allows another to use

9-12     his license or certificate to practice dentistry in this state for

9-13     the purpose of performing any act described in this Article; or who

9-14     shall aid or abet, directly or indirectly, the practice of

9-15     dentistry by any person not duly licensed to practice dentistry by

9-16     the Texas State Board of Dental Examiners.

9-17                 (8)  Who shall control, attempt to control, influence,

9-18     attempt to influence, or otherwise interfere with the exercise of a

9-19     dentist's independent professional judgment regarding the diagnosis

9-20     or treatment of any dental disease, disorder, or physical

9-21     condition.  However, nothing herein shall be construed to require

9-22     any entity to pay for services which are not provided for in a

9-23     contract or agreement or to exempt any dentist who is a member of a

9-24     hospital staff from adhering to hospital bylaws, medical staff

9-25     bylaws, or established policies approved by the governing board and

9-26     the medical and dental staff of the hospital.

9-27                 (9)  If the person holds himself or herself out to be a

9-28     denturist or uses another title that is intended to convey to the

9-29     public that the services offered by the person are included within

9-30     the practice of dentistry.

9-31           SECTION 17.  Section 11, Chapter 244, General Laws, Acts of

9-32     the 44th Legislature, Regular Session, 1935 (Article 4551b,

9-33     Vernon's Texas Civil Statutes), is amended to read as follows:

9-34           Sec. 11.  The definition of dentistry as contained in Chapter

9-35     9 of Title 71, of the Revised Civil Statutes of Texas as amended,

9-36     shall not apply to:

9-37                 (1)  members of the faculty of a reputable dental or

9-38     dental hygiene college or school where such faculty members perform

9-39     their services for the sole benefit of such school or college; or

9-40                 (2)  students of a reputable dental college who perform

9-41     their operations without pay except for actual cost of materials,

9-42     in the presence of and under the direct personal supervision of a

9-43     demonstrator or teacher who is a member of the faculty of a

9-44     reputable dental college; or

9-45                 (3)  persons doing laboratory work on inert matter

9-46     only, and who do not solicit or obtain work, by any means, from a

9-47     person or persons not a licensed dentist actually engaged in the

9-48     practice of dentistry and who do not act as the agents or

9-49     solicitors of, or have any interest whatsoever in, any dental

9-50     office, practice or the receipts therefrom; or

9-51                 (4)  physicians and surgeons legally authorized to

9-52     practice medicine as defined by the law of this state who do not

9-53     hold themselves out to the public as practicing dentistry; or

9-54                 (5)  dental hygienists legally authorized to practice

9-55     dental hygiene in this state and who practice dental hygiene in

9-56     strict conformity with the laws of Texas regulating the practice of

9-57     dental hygiene; or

9-58                 (6)  those persons who as members of an established

9-59     church practice healing by prayer only; or

9-60                 (7)  employees of a dentist who make dental x-rays in

9-61     the dental office and under the supervision of such dentist or

9-62     dentists legally engaged in the practice of dentistry in this

9-63     state; or

9-64                 (8)  Dental Health Service Corporations legally

9-65     chartered under Subsection (1) of Article 2.01, of the Texas

9-66     Nonprofit Corporation Act; or

9-67                 (9)  dental interns and dental residents as defined and

9-68     regulated by the Texas State Board of Dental Examiners in its rules

9-69     and regulations; or

 10-1                (10)  students of a reputable dental hygiene school who

 10-2    practice dental hygiene without pay in strict conformity with the

 10-3    laws of this state regulating the practice of dental hygiene; or

 10-4                (11)  dental assistants who perform the duties

 10-5    permitted by Article 4551e-1, Revised Statutes, in strict

 10-6    conformity with the laws of this state; or

 10-7                (12)  dentists licensed by another state or foreign

 10-8    country who perform clinical procedures only for professional and

 10-9    technical education demonstration purposes, provided that such

10-10    dentists must first obtain a temporary license for such purpose

10-11    from the State Board of Dental Examiners.

10-12          SECTION 18.  Section 2, Chapter 475, Acts of the 52nd

10-13    Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),

10-14    is amended to read as follows:

10-15          Sec. 2.  QUALIFICATIONS.  A dental hygienist shall be not

10-16    less than eighteen (18) years of age and a graduate of an

10-17    accredited high school or hold a certificate of high school

10-18    equivalency (GED) and be a graduate of a recognized [and

10-19    accredited] school or college of dentistry or dental hygiene

10-20    accredited by the Commission on Dental Accreditation of the

10-21    American Dental Association and approved by the Texas State Board

10-22    of Dental Examiners [in which the course of instruction shall be

10-23    the equivalent of not less than two (2) terms of eight (8) months

10-24    each and who shall have thereafter passed an examination given by

10-25    and before the Texas State Board of Dental Examiners on subjects

10-26    pertaining to dental hygiene, and who shall have complied with all

10-27    of the provisions of this Act and the rules and regulations

10-28    promulgated by the Texas State Board of Dental Examiners].

10-29          SECTION 19.  Subsection (a), Section 5, Chapter 475, Acts of

10-30    the 52nd Legislature, 1951 (Article 4551e, Vernon's Texas Civil

10-31    Statutes), is amended to read as follows:

10-32          (a)  It shall be the duty of the Board to provide for the

10-33    examination of all qualified applicants for licensure as dental

10-34    hygienists in this State.  All applicants for examination shall pay

10-35    a fee set by the Board to said Board as determined by said Board

10-36    according to its needs and shall apply upon forms furnished by the

10-37    Board and shall furnish such other information as the Board may in

10-38    its discretion require to determine any applicant's qualifications.

10-39    An applicant must attach to the application proof that the

10-40    applicant has successfully completed a current course in

10-41    cardiopulmonary resuscitation given or approved by the American

10-42    Heart Association or American Red Cross before the date on which

10-43    the applicant submits the application or, in the event that the

10-44    applicant is not physically capable of successfully completing such

10-45    training, a written statement executed by either a licensed

10-46    physician or an instructor in cardiopulmonary resuscitation

10-47    approved by the American Heart Association or American Red Cross

10-48    that describes such physical incapacity.  The examination shall be

10-49    taken by all applicants on such subjects and operations pertaining

10-50    to dentistry and dental hygiene which shall include Dental Anatomy,

10-51    Pharmacology, X-Ray, Ethics, Jurisprudence, and Hygiene, and such

10-52    other subjects as are regularly taught in reputable schools of

10-53    dentistry and dental hygiene, as the Board in its discretion may

10-54    require.  [The examination shall be given orally or in writing, or

10-55    by giving a practical demonstration of the applicant's skill or by

10-56    any combination of such methods or subjects as the Board may in its

10-57    discretion require.]  The Board shall contract with an independent

10-58    or regional testing service for any required clinical examination.

10-59    In the event that the Board uses a regional testing service, the

10-60    Board is authorized to contract for or otherwise use the services

10-61    of licensed dental hygienists in this State for the purpose of

10-62    providing assistance to the regional testing service.  The Board

10-63    shall have the written portion of the examination validated by an

10-64    independent testing professional.  The Board shall report such

10-65    grades to the applicant within a reasonable time after such

10-66    examination, and each applicant who has satisfactorily passed all

10-67    phases of the examination as determined by the Board shall be

10-68    entitled to and shall be issued a license permitting such applicant

10-69    to practice dental hygiene in the State of Texas as is defined and

 11-1    regulated by the law of this State.

 11-2          SECTION 20.  Subsections (a) and (b), Article 4551e-1,

 11-3    Revised Statutes, are amended to read as follows:

 11-4          (a)  A dental assistant who is not professionally licensed

 11-5    may be [is one who is] employed by and work [works] in the office

 11-6    of a licensed[, registered,] and practicing dentist and perform

 11-7    [who performs] one or more delegated dental acts under the direct

 11-8    supervision, direction, and responsibility of such dentist.  Direct

 11-9    supervision, direction, and responsibility, as used in this

11-10    article, means that the dentist employing a dental assistant or

11-11    dentist in charge of a dental assistant is physically present in

11-12    the dental office when a dental assistant performs a delegated

11-13    dental act.

11-14          (b)  A person licensed to practice dentistry may delegate to

11-15    any qualified and properly trained dental assistant acting under

11-16    the dentist's direct supervision any dental act that a reasonable

11-17    and prudent dentist would find is within the scope of sound dental

11-18    judgment to delegate if, in the opinion of the delegating dentist,

11-19    the act can be properly and safely performed by the person to whom

11-20    the dental act is delegated and the act is performed in its

11-21    customary manner, not in violation of this Act or any other

11-22    statute, and the person to whom the dental act is delegated does

11-23    not hold himself out to the public as being authorized to practice

11-24    dentistry.  However, a dentist may not:

11-25                (1)  delegate an act to an individual who, by order of

11-26    the Board, is prohibited from performing the act;

11-27                (2)  delegate the performance of any of the following

11-28    acts to a person not licensed as a dentist or dental hygienist:

11-29                      (A)  the removal of calculus, deposits, or

11-30    accretions from the natural and restored surfaces of exposed human

11-31    teeth and restorations in the human mouth;

11-32                      (B)  root planing or the smoothing and polishing

11-33    of roughened root surfaces or exposed human teeth; or

11-34                      (C)  any other act the delegation of which is

11-35    prohibited by the rules of the Board; [or]

11-36                (3)  delegate the performance of any of the following

11-37    acts to a person not licensed as a dentist:

11-38                      (A)  comprehensive examination or diagnosis and

11-39    treatment planning;

11-40                      (B)  a surgical or cutting procedure on hard or

11-41    soft tissue;

11-42                      (C)  the prescription of a drug, medication, or

11-43    work authorization;

11-44                      (D)  the taking of an impression for a final

11-45    restoration, appliance, or prosthesis;

11-46                      (E)  the making of an intraoral occlusal

11-47    adjustment;

11-48                      (F)  the performance of direct pulp capping,

11-49    pulpotomy, or any other endodontic procedure;

11-50                      (G)  the final placement and intraoral adjustment

11-51    of a fixed or removable appliance; or

11-52                      (H)  the placement of any final restoration; or

11-53                (4)  delegate the authority to administer a local

11-54    anesthetic agent, inhalation sedative agent, parenteral sedative

11-55    agent, or general anesthetic agent to an individual not licensed

11-56    as:

11-57                      (A)  a dentist with a permit issued by the Texas

11-58    State Board of Dental Examiners for the procedure being performed,

11-59    if a permit is required;

11-60                      (B)  a certified registered nurse anesthetist

11-61    licensed by the Texas Board of Nurse Examiners, only if the

11-62    delegating dentist holds a permit issued by the Texas State Board

11-63    of Dental Examiners for the procedure being performed, if a permit

11-64    is required; or

11-65                      (C)  a physician anesthesiologist licensed by the

11-66    Texas State Board of Medical Examiners [(I) the administration of a

11-67    local anesthetic, parenteral or inhalational sedative agent, or

11-68    general anesthetic agent].

11-69          SECTION 21.  Subsection (b), Section (6), Article 4551f,

 12-1    Revised Statutes, is amended to read as follows:

 12-2          (b)  As a condition for the renewal of a dental laboratory

 12-3    registration, the applicant must also provide evidence satisfactory

 12-4    to the Board that at least one employee working on the premises of

 12-5    the dental laboratory:

 12-6                (1)  has completed at least 12 [10] hours of continuing

 12-7    education during the registration period; or

 12-8                (2)  is a certified dental technician.

 12-9          SECTION 22.  Section (8), Article 4551f, Revised Statutes, is

12-10    amended by amending Subsection (a) and adding Subsection (g) to

12-11    read as follows:

12-12          (a)  The Board may refuse to issue a certificate of

12-13    registration, [or] may suspend or revoke a certificate, may impose

12-14    a fine, or may probate all or part of a suspension if after a

12-15    hearing the Board finds that the person applying for or holding a

12-16    certificate of registration has violated or aided another person in

12-17    violating any law regulating the practice of dentistry or has

12-18    required or allowed a person under the direction or control of the

12-19    applicant or certificate holder to violate any law regulating the

12-20    practice of dentistry [has violated this article].  In any

12-21    complaint or disciplinary action under this article, the Board

12-22    shall follow the procedures prescribed for dentists and dental

12-23    hygienists under Article 4549, Revised Statutes.

12-24          (g)  For purposes of Subsection (a) of this section, a person

12-25    applying for or holding a certificate of registration includes a

12-26    person who has a 20 percent or greater ownership interest in or is

12-27    the general partner or managing partner in a dental laboratory that

12-28    is registered or for which an application for registration has been

12-29    filed.

12-30          SECTION 23.  Article 4551n, Revised Statutes, is amended to

12-31    read as follows:

12-32          Art. 4551n.  EMPLOYMENT OF DENTISTS

12-33          Sec. 1. (a)  The Board shall, on a form and under rules

12-34    adopted by the Board, approve and certify any health organization

12-35    to contract with or employ dentists licensed by the Board on

12-36    application by the organization and presentation of satisfactory

12-37    proof to the Board that the organization:

12-38                (1)  is a nonprofit corporation under the Texas

12-39    Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's

12-40    Texas Civil Statutes) and  Section 501(c)(3), Internal Revenue Code

12-41    of 1986 (26 U.S.C. Section 501); and

12-42                (2)  is organized and operated as a migrant, community,

12-43    or homeless health center under the authority of and in compliance

12-44    with 42 U.S.C. Section 254b, 254c, or 256 or as a federally

12-45    qualified health center under 42 U.S.C. Section 1396d(l)(2)(B).

12-46          (b)  Any dentist providing dental services under Subsection

12-47    (a) of this section [article] shall provide those services free of

12-48    charge or at a reduced fee commensurate with the patient's ability

12-49    to pay in strict compliance with the applicable provisions of  42

12-50    U.S.C. Section 254b,  254c, or  256.

12-51          (c)  The Board may, at its discretion, refuse to approve or

12-52    certify any such health organization making application to the

12-53    Board if in the Board's determination the applying nonprofit

12-54    corporation is established or organized or operated in

12-55    contravention of or with the intent to circumvent any provision of

12-56    this Act.

12-57          Sec. 2.  A dentist licensed by the Board may be employed by

12-58    or contract with a governmental entity providing dental services

12-59    under federal or state law.

12-60          Sec. 3.  A dentist licensed by the Board may be employed by

12-61    or contract with an organization that meets the requirements of

12-62    Section 1(a)(1) of this article if the organization is approved by

12-63    the Board as an organization that provides services to underserved

12-64    populations for no fee or a reduced fee.

12-65          SECTION 24.  Subsection (a), Section 467.004, Health and

12-66    Safety Code, is amended to read as follows:

12-67          (a)  A licensing or disciplinary authority may add a

12-68    surcharge of not more than $10 [$5] to its license or license

12-69    renewal fee to fund an approved peer assistance program.  The

 13-1    authority must adopt the surcharge in accordance with the procedure

 13-2    that the authority uses to initiate and adopt an increase in its

 13-3    license or license renewal fee.

 13-4          SECTION 25.  Subsection (b), Section 467.0041, Health and

 13-5    Safety Code, is amended to read as follows:

 13-6          (b)  The board may add a surcharge of not more than $10 [$5]

 13-7    to its license or license renewal fee to fund an approved peer

 13-8    assistance program.

 13-9          SECTION 26.  The following are repealed:

13-10                (1)  Section 4, Chapter 501, Acts of the 45th

13-11    Legislature, Regular Session, 1937 (Article 4548h, Vernon's Texas

13-12    Civil Statutes); and

13-13                (2)  Subsection (f), Section 2A, Article 4550a, Revised

13-14    Statutes.

13-15          SECTION 27.  (a)  This Act takes effect September 1, 1997.

13-16          (b)  The State Board of Dental Examiners shall adopt rules

13-17    required under this Act not later than December 1, 1997.

13-18          (c)  The change in law made by this Act regarding a

13-19    disciplinary proceeding or contested case applies only to a

13-20    proceeding for a violation that occurs on or after the effective

13-21    date of this Act.  A violation that occurs before the effective

13-22    date of this Act is governed by the law in effect on the date the

13-23    violation occurred, and the former law is continued in effect for

13-24    that purpose.

13-25          SECTION 28.  The importance of this legislation and the

13-26    crowded condition of the calendars in both houses create an

13-27    emergency and an imperative public necessity that the

13-28    constitutional rule requiring bills to be read on three several

13-29    days in each house be suspended, and this rule is hereby suspended.

13-30                                 * * * * *