SRC-ARR S.B. 964 76(R)BILL ANALYSIS
Senate Research CenterS.B. 964
By: Lucio
Health Services
7/27/1999
Enrolled
DIGEST
Currently, Texas law provides for certain regulations for dentists and
dental hygienists. S.B. 964 will amend those regulations.
PURPOSE
As enrolled, S.B. 964 regulates dentists and dental hygienists.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Texas Board of Dental Examiners in
SECTION 17 (Article 4551a(8), V.T.C.S.) and SECTION 23 (Section 5A(b),
Chapter 475, Article 4551e, V.T.C.S) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 3(a) and (b), Article 4543a, V.T.C.S., to
prohibit an officer, employee, or paid consultant of a Texas trade
association in the field of health care from being a member or employee of
the Texas State Board of Dental Examiners (board) who is exempt from the
state's position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for B9, rather than
step 1, salary group 17, of the position classification salary schedule.
Makes a conforming change.
SECTION 2. Amends Article 4544, V.T.C.S., as follows:
Art. 4544. EXAMINATION FOR LICENSE TO PRACTICE DENTISTRY
Sec. 1. Requires each person applying for a license, rather than an
examination, to pay to the board an application fee set by the board.
Requires the board to have the written portion of the jurisprudence
examination validated by an independent testing professional.
Sec. 2. Provides that if the board contracts with an independent or
regional testing service, this section does not apply. Requires the
contract with the independent or regional testing service to provide for
notification of results as provided by Subsection (a) of this section.
Deletes text regarding board rules. Makes a conforming change.
Sec. 3. Makes conforming changes.
Sec. 4. Requires the board by rule to require a licensee to complete at
least 12, rather than 36, hours of continuing education for, rather than
in, each annual registration period, rather than three year period, as a
prerequisite to renewal for a subsequent annual period, rather than
maintain licensure.
SECTION 3. Amends Article 4545, V.T.C.S., to require each applicant for a
license to practice dentistry to present certain proof of graduation.
Deletes text requiring an applicant to present evidence of good moral
character.
SECTION 4. Amends Section 1(a), Article 4545a, V.T.C.S., to require the
board, upon payment by the applicant of a fee set by the board, to grant a
license to practice dentistry to any reputable dentist or a license to
practice dental hygiene to any reputable dental hygienist. Makes a
conforming change.
SECTION 5. Amends Article 4547a, V.T.C.S., to require the board to have
power and authority to appoint such committees, clerks, advisors,
consultants, dentists, hygienists and/or examiners to aid the board to
carry out its duties as it deems necessary.
SECTION 6. Amends Article 4548d, V.T.C.S., as follows:
Art. 4548d. New heading: SHALL EXHIBIT ANNUAL REGISTRATION CERTIFICATE.
Requires any person authorized to practice dentistry or dental hygiene,
rather than surgery, in this state either under this or any former law of
Texas, to place the person's current registration certificate, rather than
license, on exhibition in each office where said dentist or dental
hygienist provides dental services. Authorizes the person, when a dentist
or dental hygienist provides dental services at more than one location,
display a duplicate of the original registration certificate obtained from
the for a duplicate certificate fee set by the board, rather than license
to be in plain view of patients. Prohibits a person from doing any
operation in the mouth of a patient, or treating any lesions of the mouth
or teeth, without having said registration certificate, rather than
license, so exhibited. Makes a conforming and nonsubstantive change.
SECTION 7. Amends Article 4548e, V.T.C.S., to authorize any person,
corporation, company, or association to use a corporation, company,
association, or trade name, provided that each patient shall be given the
name of the treating dentist in writing, either prior to or after each
office visit.
SECTION 8. Amends Article 4548g, V.T.C.S., to provide that any
unprofessional conduct, as used herein, means and includes obtaining or
attempting to collect any fee by fraud or misrepresentation and soliciting
dental business by means of oral, rather than verbal, communication, in
person or otherwise, directed to an individual or group of less than five
individuals.
SECTION 9. Amends Article 4549, V.T.C.S., as follows:
Art. 4549. New heading: REFUSAL TO ISSUE LICENSE;
JUDICIAL SUSPENSION AND REVOCATION
Sec. 1. Requires the board to have authority to refuse to issue a license
by examination to a dental or dental hygiene applicant, rather than examine
any person to refuse to issue a dental license or a dental hygienist
license to any person, for certain causes.
Sec. 2. Requires the board to have certain jurisdiction and authority for
proof of conviction of the holder of a license or certificate of a
misdemeanor involving fraud or any felony under the laws of this state or
any other state or of the United States or is addicted to or is habitually
intemperate in the use of alcoholic beverages or drugs or has improperly
obtained, possessed, used, or distributed habit forming drugs or narcotics.
Deletes text regarding malpractice, gross incompetency, and habitual
intoxication. Makes conforming changes.
Sec. 3. Entitles the person to a hearing under Chapter 2001, Government
Code, if the board proposes to refuse to issue a license by examination to
a dental or dental hygiene applicant or to suspend or revoke a license, to
impose a fine, to place on probation a person whose license has been
suspended, or to reprimand a license holder. Makes a conforming change.
SECTION 10. Amends Article 4549-1.1, V.T.C.S., to delete text regarding the
county in which a hearing conducted by the board may be held.
SECTION 11. Amends Article 4549-2, V.T.C.S., as follows:
Art. 4549-2. New heading: DENTAL PRIVILEGE; RECORDS OF THE DENTIST
Sec. 1. DEFINITIONS. Defines "board," "dental record," "dentist,"
"patient," and "privilege."
Sec. 2. SCOPE OF PRIVILEGE. Set forth the scope of the information that is
privileged.
Sec. 3. HOLDER OF PRIVILEGE. Provides that the patient is the holder of the
privilege. Authorizes certain persons to claim the privilege on the
patient's behalf. Provides that a person's authority to claim the
privilege is presumed in the absence of evidence to the contrary.
Sec. 4. CONSENT TO DISCLOSURE OF PRIVILEGED INFORMATION. Authorizes a
person to disclose privileged information if the patient consents to the
disclosure as provided in this section. Requires consent for the release of
privileged information to be in writing and signed by certain persons.
Requires the consent required under this section to specify certain
information. Authorizes a person to withdraw consent granted under this
section by notifying in writing the person who maintains the information.
Provides that withdrawal of consent does not affect information disclosed
before the written notice of the withdrawal was delivered.
Sec. 5. EXCEPTION TO PRIVILEGE FOR CERTAIN PROCEEDINGS. Sets forth
exceptions to privileges for certain proceedings.
Sec. 6. EXCEPTION TO PRIVILEGE FOR CERTAIN DISCLOSURES BY DENTIST. Sets
forth exceptions to privileges for certain disclosures by dentist.
Sec. 7. EXCEPTION TO PRIVILEGE FOR CERTAIN LEGISLATIVE INQUIRIES. Sets
forth certain exceptions to privileges for certain legislative inquiries.
Sec. 8. LIMIT ON DISCLOSURE. Sets forth certain limits on disclosure.
Sec. 9. REQUEST FOR DENTAL RECORD: TIMING; EXCEPTION. Sets forth provisions
regarding requests for dental records.
Sec. 10. TRANSFER OF DENTAL RECORDS. Requires nothing herein to prevent
the voluntary submission of records to insurance companies for the purpose
of determining benefits when consent for the disclosure has been granted
under Section 4 of this article.
SECTION 12. Amends Article 4550, V.T.C.S., as follows:
Art. 4550. RECORDS OF THE BOARD
Sec. 1. Requires the board to keep records in which shall be registered the
name and permanent address, rather than residence, and place of business of
all persons authorized under this law to practice dentistry, dental
hygiene, and such other professions or businesses under its jurisdiction as
provided by law. Requires ceratin persons in the dental profession
registered with the board to timely notify the board in writing of certain
actions.
Sec. 2. Provides that it is not a violation of this section for the board
to share investigation files and records with another state regulatory
agency or a local, state, or federal law enforcement agency.
SECTION 13. Amends Section 1, Article 4550a, V.T.C.S., to require persons
holding a dental license or dental hygienist license issued by the board to
annually apply and to be registered as such practitioners with the board on
or before the expiration date of the license, rather than March 1st of each
calendar year. Requires a person holding a dental or dental hygienist
license to attach to the application proof that the applicant has
successfully completed a current course, rather than current certification
in CPR given or approved by the American Heart Association or American Red
Cross. Makes conforming changes.
SECTION 14. Amends Sections 2(c), (d), (e), and (h), Article 4550a,
V.T.C.S., to authorize the person to renew the persons license or
certificate by paying to the board the required renewal fee and a fee that
is one-half of the application, rather than examination fee for the license
or certificate. Deletes text regarding Section 2A of this article. Deletes
text regarding prorating license fees.
SECTION 15. Amends Section 4(i), Article 4550a, V.T.C.S., to require the
board to develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on any issue
under the jurisdiction of the board, except to the extent that
communication would be ex parte under any provision of law.
SECTION 16. Amends Subsection (a), Article 4550c, V.T.C.S., to make a
conforming change.
SECTION 17. Amends Article 4551a, V.T.C.S., to require any person to be
regarded as practicing dentistry within the meaning of this chapter who
owns or manages a dental practice or attempts to influence through a
management agreement. Authorizes rules adopted by the board addressing the
prohibitions in this section to prohibit a person who is not a dentist from
directly or indirectly influencing or interfering with the exercise of a
dentist's independent professional judgment. Prohibits rules adopted by the
board from precluding a dentist's right to contract with a management
service organization. Requires rules affecting contracts for provisions of
management services to have certain applications.
SECTION 18. Amends Article 4551b, V.T.C.S., to prohibit the definition of
dentistry, as contained in Title 71, Chapter 9, V.T.C.S. from applying to
certain dental health professionals and dental students.
SECTION 19. Amends Section 2, Chapter 475, Article 4551e, V.T.C.S., to
require each applicant for a license to practice dental hygiene in this
state, rather than hygienist, to be of good moral character. Makes
conforming changes.
SECTION 20. Amends Section 3(b), Chapter 475, Article 4551e, V.T.C.S., to
require all work performed by a dental hygienist in the practice of dental
hygiene, as defined in this Act to be performed in the dental office of the
supervising dentist or dentists who are legally engaged in the practice of
dentistry in this state, a school, a hospital, a state institution, a
public health clinic, or another institution. Makes conforming changes.
SECTION 21. Amends Section 4A(d), Chapter 475, Article 4551e, V.T.C.S., to
authorize a member of advisory committee to receive, rather than is
entitled to, reimbursement for travel, rather than transportation,
expenses, including expenses for meals and lodging. Deletes text regarding
the General Appropriations Act.
SECTION 22. Amends Section 5, Chapter 475, Article 4551e, V.T.C.S., to
require all applicants for licensure, rather than examination, to pay an
application fee set by the board to said board as determined by the board
according to its needs. Requires the contract with the independent or
regional testing services to provide for notification of results, if the
board contracts with an independent or regional testing service.
SECTION 23. Amends Section 5A(b), Chapter 475, Article 4551e, V.T.C.S., to
require the board, by rule, to require a license to complete at least 12,
rather than 36, hours of continuing education for each annual registration,
rather than three year, period as prerequisite to renewal for a subsequent
annual period. Make a conforming change.
SECTION 24. Amends Section 4A, Article 4551e, V.T.C.S., by adding
Subsection (e), to provide that the advisory committee is subject to
Chapter 325, Government Code. Provides that the advisory committee is
abolished September 1, 2005, unless continued in existence as provided by
that chapter. Provides that an advisory committee is abolished in the date
set for abolition of the agency unless the advisory committee is expressly
continued by law as established by the legislature.
SECTION 25. Amends Subsections 6(c), and (d), Article 4551f, V.T.C.S., to
authorize the owner or manager of a dental laboratory to renew the
certificate by paying to the board all unpaid renewal fees and a fee equal
to the amount of the initial fee registration fee. Provides that the owner
of a dental laboratory registered with the board on September 1, 1987 is
not required to submit proof that the laboratory has at least one certified
dental technician employed by and working on the premises of the laboratory
if the registration of the laboratory has been renewed each year, rather
than continuous since that date and all registration fees have been paid.
Makes a conforming change.
SECTION 26. Amends Article 4551j, V.T.C.S., to provide that no members of
the board, its parttime employees, or persons who contract with the board
shall be liable or subject to certain suits.
SECTION 27. Repealer: Section 2, Article 4544a, V.T.C.S. (regarding
radiological procedures and techniques).
SECTION 28. Makes application of this Act prospective.
SECTION 29. Effective date: September 1, 1999. Makes application of this
Act prospective.
SECTION 30. Emergency clause.