AN ACT
1-1 relating to certain disciplinary actions of the State Board of
1-2 Dental Examiners and to public disclosure of such actions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 2, Acts of the 45th
1-5 Legislature, Regular Session, 1937 (Article 4548h, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 (a) The Board shall revoke or suspend any license or
1-8 licenses that may have been issued by such Board, impose a fine on
1-9 a license holder, place on probation with conditions a person whose
1-10 license has been suspended, [or] reprimand a licensee, or issue a
1-11 warning letter to a licensee if in the opinion of a majority of
1-12 such Board any person or persons to whom a license has been issued
1-13 by said Board to practice dentistry or dental hygiene in this State
1-14 shall have, after the issuance of such license, violated any of the
1-15 provisions of the Statutes of the State of Texas relating to the
1-16 practice of dentistry or dental hygiene in this State, or any of
1-17 the provisions of Chapter 9, Title 71, Revised Statutes, or any
1-18 amendments that may hereafter be made thereto, or a rule of the
1-19 Board. All revocations or suspensions of licenses by the Board
1-20 shall be made in the manner provided by Chapter 2001, Government
1-21 Code (Administrative Procedure Act).
1-22 SECTION 2. Section 2, Article 4549, Revised Statutes, is
1-23 amended to read as follows:
1-24 Sec. 2. The State Board of Dental Examiners shall have
2-1 jurisdiction and authority, after notice and hearing, to suspend or
2-2 revoke a dental license or a dental hygienist license, to impose a
2-3 fine on a person licensed under this chapter, to place on probation
2-4 with conditions a person whose license or certificate is suspended,
2-5 [or] to reprimand a licensee or certificate holder, or to issue a
2-6 warning letter to a licensee or certificate holder, and in addition
2-7 to or in lieu of said suspension, revocation, probation, [or]
2-8 reprimand, or warning, to assess an administrative penalty as
2-9 provided for in Article 4548j, Revised Statutes, for any one or
2-10 more of the following causes:
2-11 (a) Proof of insanity of the holder of a license or
2-12 certificate, as adjudged by the regularly constituted authorities.
2-13 (b) Proof of conviction of the holder of a license or
2-14 certificate of any felony or a misdemeanor involving fraud under
2-15 the laws of this State or any other State or of the United States.
2-16 (c) That the holder thereof has been or is guilty of
2-17 dishonorable conduct, malpractice, gross incompetency, or failure
2-18 to treat a patient according to the standard of care in the
2-19 practice of dentistry or dental hygiene.
2-20 (d) That the holder thereof has been or is guilty of
2-21 any deception or misrepresentation for the purpose of soliciting or
2-22 obtaining patronage.
2-23 (e) That the holder thereof procured a license or
2-24 certificate through fraud or misrepresentation.
2-25 (f) That the holder thereof is addicted to habitual
2-26 intoxication or the use of drugs.
3-1 (g) That a dentist employs or permits or has employed
3-2 or permitted persons to practice dentistry in the office or offices
3-3 under his control or management, who were not licensed to practice
3-4 dentistry.
3-5 (h) That the holder thereof has failed to use proper
3-6 diligence in the conduct of his practice or to safeguard his
3-7 patients against avoidable infections.
3-8 (i) That the holder thereof has failed or refused to
3-9 comply with any State law relating to the regulation of dentists or
3-10 dental hygienists.
3-11 (j) That the holder thereof has failed or refused to
3-12 comply with the adopted and promulgated rules and regulations of
3-13 the Board.
3-14 (k) That the holder thereof is physically or mentally
3-15 incapable of practicing with safety to dental patients.
3-16 (l) That the holder thereof has been negligent in the
3-17 performance of dental services which injured or damaged dental
3-18 patients.
3-19 (m) Proof of suspension, revocation, probation,
3-20 reprimand, or other restriction by another State of a license or
3-21 certificate to practice dentistry or dental hygiene based upon acts
3-22 by the licensee or certificate holder enumerated in this section.
3-23 (n) That the holder thereof has knowingly provided or
3-24 agreed to provide dental care in a manner which violates any
3-25 provision of federal or State law regulating a plan whereby any
3-26 person undertakes to provide, arrange for, pay for, or reimburse
4-1 any part of the cost of any dental care services or regulating the
4-2 business of insurance.
4-3 SECTION 3. Section 2, Article 4550, Revised Statutes, is
4-4 amended to read as follows:
4-5 Sec. 2. All of the records and files of the State Board of
4-6 Dental Examiners shall be public records and open to inspection at
4-7 reasonable times, except the investigation files and records which
4-8 shall be confidential and shall be divulged only to persons so
4-9 investigated upon completion of said investigation. It is not a
4-10 violation of this section for the Board to share investigation
4-11 files and records with another state regulatory agency or federal
4-12 law enforcement agency during the course of a joint investigation
4-13 or in determining the feasibility of conducting an investigation.
4-14 The exception from public disclosure of investigation files and
4-15 records provided by this section does not apply to the disclosure
4-16 of a disciplinary action of the Board, including:
4-17 (1) the revocation or suspension of a license;
4-18 (2) the imposition of a fine on a license holder;
4-19 (3) the placement on probation with conditions of a
4-20 license holder whose license has been suspended;
4-21 (4) the reprimand of a license holder; or
4-22 (5) the issuance of a warning letter to a license
4-23 holder.
4-24 SECTION 4. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended,
5-3 and that this Act take effect and be in force from and after its
5-4 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 524 passed the Senate on
March 30, 1999, by the following vote: Yeas 28, Nays 1.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 524 passed the House on
May 25, 1999, by the following vote: Yeas 145, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor