By: Lucio, Sibley S.B. No. 964
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of dentists and dental hygienists.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsections (a) and (b), Section 3, Article
1-4 4543a, Revised Statutes, are amended to read as follows:
1-5 (a) An officer, employee, or paid consultant of a Texas
1-6 trade association in the field of health care may not be a member
1-7 or employee of the Board who is exempt from the state's position
1-8 classification plan or is compensated at or above the amount
1-9 prescribed by the General Appropriations Act for B9 [step 1, salary
1-10 group 17,] of the position classification salary schedule.
1-11 (b) A person who is the spouse of an officer, manager, or
1-12 paid consultant of a Texas trade association in the field of health
1-13 care may not be a Board member and may not be a Board employee who
1-14 is exempt from the state's position classification plan or is
1-15 compensated at or above the amount prescribed by the General
1-16 Appropriations Act for B9 [step 1, salary group 17,] of the
1-17 position classification salary schedule.
1-18 SECTION 2. Article 4544, Revised Statutes, is amended to
1-19 read as follows:
1-20 Art. 4544. EXAMINATION FOR LICENSE TO PRACTICE DENTISTRY
1-21 Sec. 1. (a) It shall be the duty of the Board to provide
1-22 for the examination of all applicants for license to practice
1-23 dentistry in this State. Each person applying for a license [an
1-24 examination] shall pay to said Board an application [a] fee set by
2-1 the Board and shall be granted a license to practice dentistry in
2-2 this State upon his satisfactorily passing an examination provided
2-3 for by said Board on subjects and operations pertaining to
2-4 dentistry which shall include Anatomy, Physiology, Anaesthesia,
2-5 Biochemistry, Dental Materials, Diagnosis, Treatment Planning,
2-6 Ethics, Jurisprudence, Hygiene, Pharmacology, Operative Dentistry,
2-7 Oral Surgery, Orthodontia, Periodontia, Prosthetic Dentistry,
2-8 Pathology, Microbiology, and such other subjects as are regularly
2-9 taught in reputable Dental Schools as the Board may in its
2-10 discretion require.
2-11 (b) The Board shall contract with an independent or regional
2-12 testing service for any required clinical examination.
2-13 (c) In the event that the Board uses a regional testing
2-14 service, the Board is authorized to contract for or otherwise use
2-15 the services of licensed dentists in this state for the purpose of
2-16 providing assistance to the regional testing service.
2-17 (d) The Board shall have the written portion of the Board's
2-18 jurisprudence examination validated by an independent testing
2-19 professional.
2-20 (e) [(b)] The Board by rule shall set the number of and
2-21 conditions for examination retakes. The Board may require an
2-22 applicant who fails the examination to meet additional education
2-23 requirements set by the Board.
2-24 Sec. 2. (a) [The Texas State Board of Dental Examiners may
2-25 provide in its rules and regulations the procedures, fees, and
2-26 requirements for graduates of foreign and/or nonaccredited Dental
3-1 Schools to become licensed to practice dentistry in Texas.]
3-2 [Sec. 3.] Within 30 days after the day on which a licensing
3-3 examination is administered under this article, the Board shall
3-4 notify each examinee of the results of the examination. However,
3-5 if an examination is graded or reviewed by a national testing
3-6 service, the Board shall notify examinees of the results of the
3-7 examination within two weeks after the day that the Board receives
3-8 the results from the testing service. If the notice of the
3-9 examination results will be delayed for longer than 90 days after
3-10 the examination date, the Board shall notify the examinee of the
3-11 reason for the delay before the 90th day.
3-12 (b) If the Board contracts with an independent or regional
3-13 testing service, this section does not apply. The contract with
3-14 the independent or regional testing service shall provide for
3-15 notification of results as provided by Subsection (a) of this
3-16 section.
3-17 Sec. 3. (a) [Sec. 4.] If requested in writing by a person
3-18 who fails the licensing examination administered under this
3-19 article, the Board shall furnish the person with an analysis of the
3-20 person's performance on the examination as prescribed by Board
3-21 rule.
3-22 (b) If the Board contracts with an independent or regional
3-23 testing service, this section does not apply. The contract with
3-24 the independent or regional testing service shall provide for
3-25 notification of results as provided by Subsection (a) of this
3-26 section.
4-1 Sec. 4. [Sec. 5.] (a) The Board shall develop a mandatory
4-2 continuing education program.
4-3 (b) The Board by rule shall:
4-4 (1) require a licensee to complete at least 12 [36]
4-5 hours of continuing education for [in] each annual registration
4-6 [three-year] period as a prerequisite to renewal for a subsequent
4-7 annual period [to maintain licensure];
4-8 (2) identify the key factors that lead to the
4-9 competent performance of professional duties under this Act;
4-10 (3) develop a process to evaluate and approve
4-11 continuing education courses; and
4-12 (4) develop a process to assess a licensee's
4-13 participation and performance in continuing education courses that
4-14 will enable the Board to evaluate the overall effectiveness of the
4-15 program.
4-16 (c) The Board is authorized to assess the continuing
4-17 education needs of licensees and may require licensees to attend
4-18 continuing education courses specified by the Board.
4-19 SECTION 3. Article 4545, Revised Statutes, is amended to
4-20 read as follows:
4-21 Art. 4545. QUALIFICATIONS OF APPLICANTS. Each applicant for
4-22 a license to practice dentistry in this state shall be not less
4-23 than twenty-one (21) years of age and [shall present evidence] of
4-24 good moral character and shall present:
4-25 (1) proof of graduation from a dental school
4-26 accredited by the Commission on Dental Accreditation of the
5-1 American Dental Association; or
5-2 (2) proof of:
5-3 (A) graduation from a dental school that is not
5-4 accredited by the Commission on Dental Accreditation of the
5-5 American Dental Association; and
5-6 (B) successful completion of training in an
5-7 American Dental Association approved specialty in an education
5-8 program that is accredited by the Commission on Dental
5-9 Accreditation and that consists of at least two years of training
5-10 as specified by the Council on Dental Education.
5-11 SECTION 4. Subsection (a), Section 1, Article 4545a, Revised
5-12 Statutes, is amended to read as follows:
5-13 (a) The State Board of Dental Examiners, upon payment by the
5-14 applicant of a fee set by the Board, shall grant a license to
5-15 practice dentistry to any reputable dentist or a license to
5-16 practice dental hygiene to any reputable [dentist or] dental
5-17 hygienist who:
5-18 (1) is licensed in good standing as a dentist or
5-19 dental hygienist in another state, the District of Columbia, or a
5-20 territory of the United States that has licensing requirements that
5-21 are substantially equivalent to the requirements of this Act;
5-22 (2) has not been the subject of final or pending
5-23 disciplinary action in any jurisdiction in which the dentist or
5-24 dental hygienist is or has been licensed;
5-25 (3) has graduated from a dental or dental hygiene
5-26 school accredited by the Commission on Dental Accreditation of the
6-1 American Dental Association and approved by the Board according to
6-2 rules established by the Board;
6-3 (4) has passed a national or other examination
6-4 recognized by the Board relating to dentistry or dental hygiene;
6-5 (5) has successfully completed the Board's
6-6 jurisprudence examination;
6-7 (6) has submitted documentation of current
6-8 cardiopulmonary resuscitation certification;
6-9 (7) has practiced dentistry or dental hygiene:
6-10 (A) for a minimum of five years immediately
6-11 prior to applying; or
6-12 (B) as a dental educator at a dental school or
6-13 dental hygiene school accredited by the Commission on Dental
6-14 Accreditation of the American Dental Association for the five years
6-15 immediately preceding the date of applying for the license; and
6-16 (8) has met any additional criteria established by
6-17 Board rule.
6-18 SECTION 5. Article 4547a, Revised Statutes, is amended to
6-19 read as follows:
6-20 Art. 4547a. AID TO THE BOARD. The Texas State Board of
6-21 Dental Examiners shall have power and authority to appoint such
6-22 committees, clerks, advisors, consultants, dentists, hygienists,
6-23 and/or examiners to aid the board to carry out its duties as it
6-24 deems necessary and advisable and may reimburse said persons so
6-25 appointed in such amounts as is reasonable and in conformity with
6-26 the provisions of the general appropriations bill as enacted by the
7-1 Texas Legislature.
7-2 SECTION 6. Article 4548d, Revised Statutes, is amended to
7-3 read as follows:
7-4 Art. 4548d. SHALL EXHIBIT ANNUAL REGISTRATION CERTIFICATE
7-5 [LICENSE]. Any person authorized to practice dentistry or dental
7-6 hygiene [surgery] in this State either under this or any former law
7-7 of Texas, shall place the person's current registration certificate
7-8 [his license] on exhibition in each [his] office where said dentist
7-9 or dental hygienist provides dental services. When a dentist or
7-10 dental hygienist provides dental services at more than one
7-11 location, the person may display a duplicate of the original
7-12 registration certificate obtained from the State Board of Dental
7-13 Examiners for a duplicate certificate fee set by the Board [license
7-14 shall be in plain view of patients]. No such person shall do any
7-15 operation in the mouth of a patient, or treat any lesions of the
7-16 mouth or teeth, without having said registration certificate
7-17 [license] so exhibited.
7-18 SECTION 7. Article 4548e, Revised Statutes, is amended to
7-19 read as follows:
7-20 Art. 4548e. USE OF TRADE NAME. Any person, corporation,
7-21 company, or association may use a corporation, company,
7-22 association, or trade name. Any advertisement by a person, [the]
7-23 corporation, company, or association[, or trade name] must include
7-24 prominently the name of at least one dentist practicing under such
7-25 name, and if the advertisement refers to one or more locations
7-26 where dental services are provided, it must include, for each
8-1 location, the name of at least one dentist who provides services at
8-2 that location. The person, corporation, company, or association
8-3 shall file with the State Board of Dental Examiners a list of all
8-4 dentists who practice under the name and a list of each trade name
8-5 used if the trade name is different from the corporation, company,
8-6 or association name. A list required under this section must be
8-7 updated and filed with the Board not later than the 30th day after
8-8 the date of the change. Each day of violation of this Article
8-9 shall constitute a separate offense.
8-10 SECTION 8. Article 4548g, Revised Statutes, is amended to
8-11 read as follows:
8-12 Art. 4548g. UNPROFESSIONAL CONDUCT. It shall be unlawful
8-13 for any person, firm, or corporation to engage in or be guilty of
8-14 any unprofessional conduct pertaining to dentistry directly or
8-15 indirectly. Any unprofessional conduct, as used herein, means and
8-16 includes any one or more of the following acts:
8-17 (1) obtaining or attempting to collect any fee by
8-18 fraud or misrepresentation;
8-19 (2) soliciting dental business by means of oral
8-20 [verbal] communication, in person or otherwise, directed to an
8-21 individual or group of less than five individuals, which is
8-22 primarily for the purpose of attracting the patronage of such
8-23 individual or group to a particular practice of dentistry;
8-24 (3) employing, directly or indirectly, or permitting
8-25 any unlicensed person to perform dental services upon any person,
8-26 except as otherwise authorized by law or the rules and regulations
9-1 of the State Board of Dental Examiners;
9-2 (4) claiming or circulating any statement of
9-3 professional superiority or the performance of professional
9-4 services in a superior manner;
9-5 (5) forging, altering, or changing any diploma,
9-6 license, registration certificate, transcript, or any other legal
9-7 document pertaining to the practice of dentistry, being a party
9-8 thereto or beneficiary thereof, or making any false statement about
9-9 or in securing such document, or being guilty of misusing the same;
9-10 (6) accepting employment as a dentist under any
9-11 referral scheme which is false, misleading, or deceptive;
9-12 (7) advertising to perform any dental work without
9-13 pain or discomfort to the patient; or
9-14 (8) advertising predictions of future satisfaction or
9-15 success of any dental service.
9-16 SECTION 9. Article 4549, Revised Statutes, is amended to
9-17 read as follows:
9-18 Art. 4549. REFUSAL TO [EXAMINE OR] ISSUE LICENSE; JUDICIAL
9-19 SUSPENSIONS AND REVOCATIONS
9-20 Sec. 1. The State Board of Dental Examiners shall have
9-21 authority to refuse to issue a license by examination to a dental
9-22 or dental hygiene applicant [examine any person or refuse to issue
9-23 a dental license or a dental hygienist license to any person] for
9-24 any one or more of the following causes:
9-25 (a) Proof of presentation to the Board of any
9-26 dishonest or fake evidence of qualification, or being guilty of any
10-1 illegality, fraud, or deception in the process of examination, or
10-2 for the purpose of securing a license or certificate.
10-3 (b) Proof of chronic or habitual intoxication or
10-4 addiction to drugs on the part of the applicant.
10-5 (c) Proof that the applicant has been guilty of
10-6 dishonest or illegal practices in or connected with the practice of
10-7 dentistry or dental hygiene.
10-8 (d) Proof of conviction of the applicant of a felony
10-9 under the laws of this State or any other State or of the United
10-10 States.
10-11 (e) Proof that the applicant violated any of the
10-12 provisions of the statutes of the State of Texas relating to the
10-13 practice of dentistry or any provisions of Chapter 9, Title 71,
10-14 Revised Statutes, within 12 months before the filing of an
10-15 application for the license.
10-16 Sec. 2. The State Board of Dental Examiners shall have
10-17 jurisdiction and authority, after notice and hearing, to suspend or
10-18 revoke a dental license or a dental hygienist license, to impose a
10-19 fine on a person licensed under this chapter, to place on probation
10-20 with conditions a person whose license or certificate is suspended,
10-21 or to reprimand a licensee or certificate holder, and in addition
10-22 to or in lieu of said suspension, revocation, probation, or
10-23 reprimand, to assess an administrative penalty as provided for in
10-24 Article 4548j, Revised Statutes, for any one or more of the
10-25 following causes:
10-26 (a) Proof of insanity of the holder of a license or
11-1 certificate, as adjudged by the regularly constituted authorities.
11-2 (b) Proof of conviction of the holder of a license or
11-3 certificate of a misdemeanor involving fraud or any felony [or a
11-4 misdemeanor involving fraud] under the laws of this State or any
11-5 other State or of the United States.
11-6 (c) That the holder [thereof has been or] is guilty of
11-7 dishonorable conduct[, malpractice, gross incompetency,] or failure
11-8 to treat a patient according to the standard of care in the
11-9 practice of dentistry or dental hygiene.
11-10 (d) That the holder thereof has been or is guilty of
11-11 any deception or misrepresentation for the purpose of soliciting or
11-12 obtaining patronage.
11-13 (e) That the holder thereof procured a license or
11-14 certificate through fraud or misrepresentation.
11-15 (f) That the holder thereof is addicted to or is
11-16 habitually intemperate in [habitual intoxication or] the use of
11-17 alcoholic beverages or drugs or has improperly obtained, possessed,
11-18 used, or distributed habit-forming drugs or narcotics.
11-19 (g) That a dentist employs or permits or has employed
11-20 or permitted persons to practice dentistry in the office or offices
11-21 under his control or management, who were not licensed to practice
11-22 dentistry.
11-23 (h) That the holder thereof has failed to use proper
11-24 diligence in the conduct of his practice or to safeguard his
11-25 patients against avoidable infections.
11-26 (i) That the holder thereof has failed or refused to
12-1 comply with any State law relating to the regulation of dentists or
12-2 dental hygienists.
12-3 (j) That the holder thereof has failed or refused to
12-4 comply with the adopted and promulgated rules and regulations of
12-5 the Board.
12-6 (k) That the holder thereof is physically or mentally
12-7 incapable of practicing with safety to dental patients.
12-8 (l) That the holder thereof has been negligent in the
12-9 performance of dental services which injured or damaged dental
12-10 patients.
12-11 (m) Proof of suspension, revocation, probation,
12-12 reprimand, or other restriction by another State of a license or
12-13 certificate to practice dentistry or dental hygiene based upon acts
12-14 by the licensee or certificate holder enumerated in this section.
12-15 (n) That the holder thereof has knowingly provided or
12-16 agreed to provide dental care in a manner which violates any
12-17 provision of federal or State law regulating a plan whereby any
12-18 person undertakes to provide, arrange for, pay for, or reimburse
12-19 any part of the cost of any dental care services or regulating the
12-20 business of insurance.
12-21 Sec. 3. (a) If the Board proposes to refuse to issue a
12-22 license by examination to a dental or dental hygiene applicant or
12-23 [examine a person,] to suspend or revoke a license, to impose a
12-24 fine, to place on probation a person whose license has been
12-25 suspended, or to reprimand a license holder, the person is entitled
12-26 to a hearing under Chapter 2001, Government Code.
13-1 (b) The hearing under this section and an appeal from the
13-2 hearing under this section are governed by Chapter 2001, Government
13-3 Code (Administrative Procedure Act).
13-4 SECTION 10. Article 4549-1.1, Revised Statutes, is amended
13-5 to read as follows:
13-6 Art. 4549-1.1. SUBPOENA POWER. The State Board of Dental
13-7 Examiners may request and, if necessary, compel by subpoena the
13-8 attendance of witnesses for examination under oath and the
13-9 production for inspection and copying of books, accounts, records,
13-10 papers, correspondence, documents, and other evidence relevant to
13-11 the investigation of alleged violations of the provisions of the
13-12 statutes of the State of Texas relating to the practice of
13-13 dentistry or any provisions of this chapter. If a person fails to
13-14 comply with a subpoena issued under this article, the board, acting
13-15 through the attorney general, may file suit to enforce the subpoena
13-16 in a district court in Travis County [or in the county in which a
13-17 hearing conducted by the board may be held]. The court, if it
13-18 determines that good cause exists for the issuance of the subpoena,
13-19 shall order compliance with the requirements of the subpoena.
13-20 Failure to obey the order of the court may be punished by the court
13-21 as contempt.
13-22 SECTION 11. Article 4549-2, Revised Statutes, is amended to
13-23 read as follows:
13-24 Art. 4549-2. RECORDS OF THE DENTIST. Records of the
13-25 diagnosis made and the treatment performed for and on a dental
13-26 patient shall be the property of the dentist who performs the
14-1 dental service and may not be sold, pledged as collateral, or
14-2 otherwise transferred to any person other than the patient unless
14-3 the other person is a dentist licensed by the Board and the
14-4 transfer is made in compliance with rules relating to the transfer
14-5 of records as may be adopted by the Board. The owning dentist
14-6 shall furnish to a patient, on request, copies of the patient's
14-7 dental records in accordance with rules relating to patient records
14-8 adopted by the Board. Nothing herein shall prevent the voluntary
14-9 submission of records to insurance companies for the purpose of
14-10 determining benefits.
14-11 SECTION 12. Article 4550, Revised Statutes, is amended to
14-12 read as follows:
14-13 Art. 4550. RECORDS OF THE BOARD
14-14 Sec. 1. The Board shall keep records in which shall be
14-15 registered the name and permanent address [residence] and place of
14-16 business of all persons authorized under this law to practice
14-17 dentistry, dental hygiene and such other professions or businesses
14-18 under its jurisdiction as provided by law. Each dentist, dental
14-19 hygienist, dental laboratory, and dental technician registered with
14-20 the Board shall timely notify the Board in writing of:
14-21 (1) any change of address of the place of business of
14-22 such dentist, hygienist, laboratory, or technician; and
14-23 (2) any change of employers by such dentist,
14-24 hygienist, laboratory, or technician, and any change of owners of
14-25 the laboratory.
14-26 The Board is timely notified if it receives the notice within
15-1 60 days after the date the change occurs.
15-2 Sec. 2. All of the records and files of the State Board of
15-3 Dental Examiners shall be public records and open to inspection at
15-4 reasonable times, except the investigation files and records which
15-5 shall be confidential and shall be divulged only to persons so
15-6 investigated upon completion of said investigation. It is not a
15-7 violation of this section for the Board to share investigation
15-8 files and records with another state regulatory agency or a local,
15-9 state, or federal law enforcement agency [during the course of a
15-10 joint investigation or in determining the feasibility of conducting
15-11 an investigation].
15-12 SECTION 13. Section 1, Article 4550a, Revised Statutes, is
15-13 amended to read as follows:
15-14 Sec. 1. It shall be the duty of all persons holding a dental
15-15 license or dental hygienist license issued by the State Board of
15-16 Dental Examiners to annually apply and to be registered as such
15-17 practitioners with the State Board of Dental Examiners on or before
15-18 the expiration date of the license [March 1st of each calendar
15-19 year]. Each person so registering shall pay in connection with
15-20 such annual registration for the receipt hereinafter provided for,
15-21 a fee as determined by said Board according to the needs of said
15-22 Board, such payment to be made by each person to such Board, and
15-23 every person so registering shall file with said Board a written
15-24 application setting forth such facts as the Board may require. A
15-25 person holding a dental or dental hygienist license must attach to
15-26 the application proof that the applicant has successfully completed
16-1 a current course [of current certification] in cardiopulmonary
16-2 resuscitation given or approved by the American Heart Association
16-3 or American Red Cross or, in the event that the applicant [person]
16-4 is not physically capable of successfully completing such training,
16-5 a written statement executed by either a licensed physician or an
16-6 instructor in cardiopulmonary resuscitation approved by the
16-7 American Heart Association or American Red Cross that describes
16-8 such physical incapacity. In lieu of this requirement for
16-9 completion of a current course in [annual] cardiopulmonary
16-10 resuscitation [certification], a dentist or dental hygienist
16-11 licensed by the State Board of Dental Examiners and residing in a
16-12 country other than the United States may satisfy this requirement
16-13 by submitting proof of residence upon the annual date of renewal.
16-14 Upon receipt of such applications, accompanied by such fees, said
16-15 Board, after ascertaining either from its records or other sources
16-16 deemed by it to be reliable that the applicant holds a valid
16-17 license or certificate to practice in this State, shall issue to
16-18 the applicant an annual registration certificate or receipt
16-19 certifying that he has filed such application and has paid the
16-20 required fee; provided that the filing of such application, the
16-21 payment of such fee, and the issuance of such receipt therefor
16-22 shall not entitle the holder thereof to lawfully practice within
16-23 the State of Texas unless he in fact holds a license or certificate
16-24 as such practitioner issued by the State Board of Dental Examiners,
16-25 as provided by this law, and unless said license or certificate is
16-26 in full force and effect; and provided further, that in any
17-1 prosecution for unlawful practice such receipt showing payment of
17-2 the annual registration fee required by this chapter shall not be
17-3 treated as evidence that the holder thereof is lawfully entitled to
17-4 practice.
17-5 SECTION 14. Subsections (c), (d), (e), and (h), Section 2,
17-6 Article 4550a, Revised Statutes, are amended to read as follows:
17-7 (c) If a person's license or certificate has been expired
17-8 for not longer than ninety (90) days, the person may renew it by
17-9 paying to the Board the required renewal fee and a fee that is
17-10 one-half of the application [examination] fee for the license or
17-11 certificate.
17-12 (d) If a person's license or certificate has been expired
17-13 for longer than ninety (90) days but less than one year, the person
17-14 may renew it by paying to the Board all unpaid renewal fees and a
17-15 fee that is equal to the application [examination] fee for the
17-16 license or certificate.
17-17 (e) If a person's license or certificate has been expired
17-18 for one year or longer, the person may not renew it[, except as
17-19 provided by Section 2A of this article]. The person may obtain a
17-20 new license or certificate by submitting to reexamination and
17-21 complying with the requirements and procedures for obtaining an
17-22 original license or certificate. However, the Board may adopt
17-23 rules providing for renewal without reexamination of an expired
17-24 license of a person who was licensed in this state, moved to
17-25 another state, and is currently licensed and has been in practice
17-26 in the other state for the two years preceding application. The
18-1 person must pay to the Board a fee that is equal to the examination
18-2 fee for the license.
18-3 (h) The Board by rule may adopt a system under which
18-4 licenses expire on various dates during the year. [For the year in
18-5 which the license expiration date is changed, license fees payable
18-6 on March 1 shall be prorated on a monthly basis so that each
18-7 licensee shall pay only that portion of the license fee that is
18-8 allocable to the number of months during which the license is
18-9 valid. On renewal of the license on the new expiration date, the
18-10 total license renewal fee is payable.]
18-11 SECTION 15. Subsection (i), Section 4, Article 4550a,
18-12 Revised Statutes, is amended to read as follows:
18-13 (i) The Board shall develop and implement policies that
18-14 provide the public with a reasonable opportunity to appear before
18-15 the Board and to speak on any issue under the jurisdiction of the
18-16 Board, except to the extent that that communication would be ex
18-17 parte under any provision of law.
18-18 SECTION 16. Subsection (a), Article 4550c, Revised Statutes,
18-19 is amended to read as follows:
18-20 (a) Each dental application [examination] fee and dentist
18-21 annual renewal fee imposed by or under Subsection (b), Article
18-22 4551, Revised Statutes, is increased by $200.
18-23 SECTION 17. Article 4551a, Revised Statutes, is amended to
18-24 read as follows:
18-25 Art. 4551a. PERSONS REGARDED AS PRACTICING DENTISTRY. Any
18-26 person shall be regarded as practicing dentistry within the meaning
19-1 of this Chapter:
19-2 (1) Who publicly professes to be a dentist or dental
19-3 surgeon or who uses or permits to be used for himself or for any
19-4 other person, the title of "Doctor," "Dr.," "Doctor of Dental
19-5 Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," or any
19-6 other letters, titles, terms or descriptive matter, including use
19-7 of the terms "denturist" or "denturism," which directly or
19-8 indirectly represents him as being able to diagnose, treat, remove
19-9 stains or concretions from teeth, provide surgical and adjunctive
19-10 treatment for any disease, pain, injury, deficiency, deformity or
19-11 physical condition of the human teeth, oral cavity, alveolar
19-12 process, gums, jaws or directly related and adjacent masticatory
19-13 structures.
19-14 (2) Who shall offer or undertake by any means or
19-15 methods whatsoever, to clean teeth or to remove stains, concretions
19-16 or deposits from teeth in the human mouth, or who shall undertake
19-17 or offer to diagnose, treat, operate, or prescribe by any means or
19-18 methods for any disease, pain, injury, deficiency, deformity, or
19-19 physical condition of the human teeth, oral cavity, alveolar
19-20 process, gums, or jaws.
19-21 (3) Any person who shall offer or undertake in any
19-22 manner to prescribe or make, or cause to be made, an impression of
19-23 any portion of the human mouth, teeth, gums, or jaws, for the
19-24 purpose of diagnosing, prescribing, treating, or aiding in the
19-25 diagnosing, prescribing or treating, any physical condition of the
19-26 human mouth, teeth, gums or jaws, or for the purpose of
20-1 constructing or aiding in the construction of any dental appliance,
20-2 denture, dental bridge, false teeth, dental plate or plates of
20-3 false teeth, or any other substitute for human teeth.
20-4 (4) Any one who owns, manages, maintains, or operates
20-5 any office or place of business where he employs or engages, under
20-6 any kind of contract whatsoever, any other person or persons to
20-7 practice dentistry as above defined shall be deemed to be
20-8 practicing dentistry himself and shall himself be required to be
20-9 duly licensed to practice dentistry as hereinabove defined, and
20-10 shall be subject to all of the other provisions of this Chapter,
20-11 even though the person or persons so employed or engaged by him
20-12 shall be duly licensed to practice dentistry as hereinabove
20-13 defined, unless otherwise provided by law.
20-14 (5) Any person, firm, group, association, or
20-15 corporation who shall offer or undertake to fit, adjust, repair, or
20-16 substitute in the human mouth or directly related and adjacent
20-17 masticatory structures any dental appliance, structure, prosthesis,
20-18 or denture, or who shall aid or cause to be fitted, adjusted,
20-19 repaired, or substituted in the human mouth or directly related and
20-20 adjacent masticatory structures any dental appliance, structure,
20-21 prosthesis, or denture.
20-22 (6) Who makes, fabricates, processes, constructs,
20-23 produces, reproduces, duplicates, repairs, relines, or fixes any
20-24 full or partial denture, any fixed or removable dental bridge or
20-25 appliance, any dental plate or plates of false teeth, any
20-26 artificial dental restoration, or any substitute or corrective
21-1 device or appliance for the human teeth, gums, jaws, mouth,
21-2 alveolar process, or any part thereof for another, or who in any
21-3 manner offers, undertakes, aids, abets, or causes another person so
21-4 to do for another, without a written prescription or work-order
21-5 therefor signed by the dentist legally engaged in the practice of
21-6 dentistry in this state or in the jurisdiction where such dentist
21-7 maintains his dental office and who prescribed and ordered same.
21-8 (7) Who shall offer or undertake or cause another to
21-9 do, directly or indirectly, for any person any act, service, or
21-10 work in the practice of dentistry or any part thereof as provided
21-11 for in the laws of Texas relating to the practice of dentistry
21-12 including without limitation the inducing, administering,
21-13 prescribing, or dispensing any anesthesia, anesthetic drug,
21-14 medicine, or agent in anywise incidental to or in connection with
21-15 the practice of dentistry; or who permits or allows another to use
21-16 his license or certificate to practice dentistry in this state for
21-17 the purpose of performing any act described in this Article; or who
21-18 shall aid or abet, directly or indirectly, the practice of
21-19 dentistry by any person not duly licensed to practice dentistry by
21-20 the State Board of Dental Examiners.
21-21 (8) Who shall control, attempt to control, influence,
21-22 attempt to influence, through a management agreement, or otherwise
21-23 interfere with the exercise of a dentist's independent professional
21-24 judgment regarding the diagnosis or treatment of any dental
21-25 disease, disorder, or physical condition. Rules adopted by the
21-26 Board addressing the prohibitions in this section may prohibit a
22-1 person who is not a dentist from directly or indirectly influencing
22-2 or interfering with the exercise of a dentist's independent
22-3 professional judgment. However, nothing herein shall be construed
22-4 to require any entity to pay for services which are not provided
22-5 for in a contract or agreement or to exempt any dentist who is a
22-6 member of a hospital staff from adhering to hospital bylaws,
22-7 medical staff bylaws, or established policies approved by the
22-8 governing board and the medical and dental staff of the hospital.
22-9 (9) If the person holds the person out to be a
22-10 denturist or uses another title that is intended to convey to the
22-11 public that the services offered by the person are included within
22-12 the practice of dentistry.
22-13 SECTION 18. Section 11, Chapter 244, General Laws, Acts of
22-14 the 44th Legislature, Regular Session, 1935 (Article 4551b,
22-15 Vernon's Texas Civil Statutes), is amended to read as follows:
22-16 Sec. 11. The definition of dentistry as contained in Chapter
22-17 9, Title 71, Revised Statutes, shall not apply to:
22-18 (1) members of the faculty of a reputable dental or
22-19 dental hygiene college or school where such faculty members perform
22-20 their services for the sole benefit of such school or college;
22-21 (2) students of a reputable dental college who perform
22-22 their operations without pay except for actual cost of materials,
22-23 in the presence of and under the direct personal supervision of a
22-24 demonstrator or teacher who is a member of the faculty of a
22-25 reputable dental college;
22-26 (3) persons doing laboratory work on inert matter
23-1 only, and who do not solicit or obtain work, by any means, from a
23-2 person or persons not a licensed dentist actually engaged in the
23-3 practice of dentistry and who do not act as the agents or
23-4 solicitors of, or have any interest whatsoever in, any dental
23-5 office, practice or the receipts therefrom;
23-6 (4) physicians and surgeons legally authorized to
23-7 practice medicine as defined by the law of this state who do not
23-8 hold themselves out to the public as practicing dentistry;
23-9 (5) dental hygienists legally authorized to practice
23-10 dental hygiene in this state and who practice dental hygiene in
23-11 strict conformity with the laws of Texas regulating the practice of
23-12 dental hygiene;
23-13 (6) those persons who as members of an established
23-14 church practice healing by prayer only;
23-15 (7) employees of a dentist who make dental x-rays in
23-16 the dental office and under the supervision of such dentist or
23-17 dentists legally engaged in the practice of dentistry in this
23-18 state;
23-19 (8) Dental Health Service Corporations legally
23-20 chartered under Section A(1), Article 2.01, Texas Non-Profit
23-21 Corporation Act (Article 1396-2.01, Vernon's Texas Civil Statutes);
23-22 (9) dental interns and dental residents as defined and
23-23 regulated by the Texas State Board of Dental Examiners in its rules
23-24 and regulations;
23-25 (10) a student [students] of a dental hygiene program
23-26 accredited by the Commission on Dental Accreditation of the
24-1 American Dental Association and operated at an accredited
24-2 institution of higher education who practices [practice] dental
24-3 hygiene:
24-4 (A) without pay under the general supervision of
24-5 a dentist and under the supervision of a demonstrator or teacher
24-6 who is a member of the faculty of that program;
24-7 (B) in strict conformity with the laws of this
24-8 state regulating the practice of dental hygiene, except that they
24-9 may practice under the supervision of a demonstrator or teacher who
24-10 is a dentist member of the faculty of that program; and
24-11 (C) in a clinic operated:
24-12 (i) for the sole benefit of the program's
24-13 institution of higher education; or
24-14 (ii) [in a clinic operated] by a
24-15 government or nonprofit organization that serves underserved
24-16 populations, as determined by rule of the State Board of Dental
24-17 Examiners [and in strict conformity with the laws of this state
24-18 regulating the practice of dental hygiene];
24-19 (11) dental assistants who perform the duties
24-20 permitted by Article 4551e-1, Revised Statutes, in strict
24-21 conformity with the laws of this state; [or]
24-22 (12) dentists and dental hygienists licensed by
24-23 another state or foreign country who perform clinical procedures
24-24 only for professional and technical education demonstration
24-25 purposes, provided that such dentists and dental hygienists must
24-26 first obtain a temporary license for such purpose from the State
25-1 Board of Dental Examiners;
25-2 (13) a dental hygienist who is a faculty member of a
25-3 dental or dental hygiene school while practicing dental hygiene
25-4 only:
25-5 (A) under the supervision of a dentist licensed
25-6 in Texas or of a teacher or demonstrator who is a dentist faculty
25-7 member of the school; and
25-8 (B) otherwise, in strict conformity with the
25-9 laws regulating the practice of dental hygiene;
25-10 (14) a dentist enrolled in remedial training programs
25-11 sponsored by the Commission on Dental Accreditation of the American
25-12 Dental Association at an accredited dental or dental hygiene school
25-13 while participating in such a program in this state;
25-14 (15) a dental hygienist enrolled in remedial training
25-15 programs sponsored by the Commission on Dental Accreditation of the
25-16 American Dental Association at an accredited dental or dental
25-17 hygiene school while participating in such a program in this state
25-18 in strict conformity with the laws regulating the practice of
25-19 dental hygiene, except that supervision may be provided by a
25-20 demonstrator or teacher who is a dentist member of the program;
25-21 (16) a dentist who is not licensed in this state and
25-22 who is a candidate enrolled to take the dental clinical examination
25-23 offered by the Western Regional Examining Board in this state while
25-24 taking the examination;
25-25 (17) a dental hygienist who is not licensed in this
25-26 state and who is a candidate enrolled to take the dental hygiene
26-1 clinical examination offered by the Western Regional Examining
26-2 Board in this state while taking the examination if participation
26-3 is in strict conformity with the laws of this state regulating the
26-4 practice of dental hygiene, except that supervision may be provided
26-5 by a dentist whose services are secured by the Western Regional
26-6 Examining Board;
26-7 (18) a dentist whose license is in retired status or
26-8 who is licensed in another state and is attending a continuing
26-9 education clinical program offered at a dental or dental hygiene
26-10 school accredited by the Commission on Dental Accreditation of the
26-11 American Dental Association while attending the program; or
26-12 (19) a dental hygienist whose dental hygienist license
26-13 is in retired status or who is licensed in another state and is
26-14 attending a continuing education clinical program offered at a
26-15 dental or dental hygiene school accredited by the Commission on
26-16 Dental Accreditation of the American Dental Association while
26-17 attending the program if tasks are performed in strict conformity
26-18 with the laws regulating the practice of dental hygiene, except
26-19 that supervision may be provided by a dentist member of the
26-20 program.
26-21 SECTION 19. Section 2, Chapter 475, Acts of the 52nd
26-22 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
26-23 Civil Statutes), is amended to read as follows:
26-24 Sec. 2. QUALIFICATIONS. Each applicant for a license to
26-25 practice [A] dental hygiene in this state [hygienist] shall be:
26-26 (1) not less than eighteen (18) years of age;
27-1 (2) of good moral character;
27-2 (3) [and] a graduate of an accredited high school or
27-3 hold a certificate of high school equivalency (GED); and
27-4 (4) [be] a graduate of a recognized school or college
27-5 of dentistry or dental hygiene accredited by the Commission on
27-6 Dental Accreditation of the American Dental Association and
27-7 approved by the State Board of Dental Examiners that includes at
27-8 least two full academic years of instruction or its equivalent at
27-9 the postsecondary level.
27-10 SECTION 20. Subsection (b), Section 3, Chapter 475, Acts of
27-11 the 52nd Legislature, Regular Session, 1951 (Article 4551e,
27-12 Vernon's Texas Civil Statutes), is amended to read as follows:
27-13 (b) All work performed by a dental hygienist in the practice
27-14 of dental hygiene, as defined in this Act, shall be performed in
27-15 the dental office of the supervising dentist or dentists who are
27-16 legally engaged in the practice of dentistry in this state[, by
27-17 whom he or she must be employed,] or under the supervision of a
27-18 supervising dentist in an alternate setting, including, but not
27-19 limited to, a nursing home, [or] the patient's home, a school, a
27-20 hospital, a state institution, a public health clinic, or another
27-21 institution [provided that the hygienist is licensed to perform the
27-22 delegated procedure and the supervising dentist examines the
27-23 patient during the 12 months preceding the performance of the
27-24 procedure by the dental hygienist or at the time the procedure is
27-25 performed, except where employed by schools, hospitals, state
27-26 institutions, public health clinics or other institutions that have
28-1 applied to and been approved by the Texas State Board of Dental
28-2 Examiners as a proper location for the performance of a dental
28-3 procedure].
28-4 SECTION 21. Subsection (d), Section 4A, Chapter 475, Acts of
28-5 the 52nd Legislature, Regular Session, 1951 (Article 4551e,
28-6 Vernon's Texas Civil Statutes), is amended to read as follows:
28-7 (d) A member of the advisory committee is entitled to the
28-8 compensatory per diem set by the General Appropriations Act for
28-9 each day that the member engages in committee business. [Except
28-10 for transportation expenses, a member is not entitled to
28-11 reimbursement for travel expenses.] A member may receive [is
28-12 entitled to] reimbursement for travel [transportation] expenses,
28-13 including expenses for meals and lodging [as provided by the
28-14 General Appropriations Act].
28-15 SECTION 22. Section 5, Chapter 475, Acts of the 52nd
28-16 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
28-17 Civil Statutes), is amended to read as follows:
28-18 Sec. 5. EXAMINATION. (a) It shall be the duty of the Board
28-19 to provide for the examination of all qualified applicants for
28-20 licensure as dental hygienists in this State. All applicants for
28-21 licensure [examination] shall pay an application [a] fee set by the
28-22 Board to said Board as determined by said Board according to its
28-23 needs and shall apply upon forms furnished by the Board and shall
28-24 furnish such other information as the Board may in its discretion
28-25 require to determine any applicant's qualifications. An applicant
28-26 must attach to the application proof that the applicant has
29-1 successfully completed a current course in cardiopulmonary
29-2 resuscitation given or approved by the American Heart Association
29-3 or American Red Cross before the date on which the applicant
29-4 submits the application or, in the event that the applicant is not
29-5 physically capable of successfully completing such training, a
29-6 written statement executed by either a licensed physician or an
29-7 instructor in cardiopulmonary resuscitation approved by the
29-8 American Heart Association or American Red Cross that describes
29-9 such physical incapacity.
29-10 (b) The examination shall be taken by all applicants on such
29-11 subjects and operations pertaining to dentistry and dental hygiene
29-12 which shall include Dental Anatomy, Pharmacology, X-Ray, Ethics,
29-13 Jurisprudence, and Hygiene, and such other subjects as are
29-14 regularly taught in reputable schools of dentistry and dental
29-15 hygiene, as the Board in its discretion may require.
29-16 (c) The Board shall contract with an independent or regional
29-17 testing service for any required clinical examination.
29-18 (d) In the event that the Board uses a regional testing
29-19 service, the Board is authorized to contract for or otherwise use
29-20 the services of licensed dental hygienists in this State for the
29-21 purpose of providing assistance to the regional testing service.
29-22 (e) The Board shall have the written portion of the Board's
29-23 jurisprudence examination validated by an independent testing
29-24 professional.
29-25 (f) The Board shall report such grades to the applicant
29-26 within a reasonable time after such examination. If the Board
30-1 contracts with an independent or regional testing service, the
30-2 contract with the independent or regional testing service shall
30-3 provide for notification of results. Each[, and each] applicant
30-4 who has satisfactorily passed all phases of the examination as
30-5 determined by the Board shall be entitled to and shall be issued a
30-6 license permitting such applicant to practice dental hygiene in the
30-7 State of Texas as is defined and regulated by the law of this
30-8 State.
30-9 (g) [(b)] The Board by rule shall set the number of and
30-10 conditions for examination retakes. The Board may require an
30-11 applicant who fails the examination to meet additional education
30-12 requirements set by the Board.
30-13 SECTION 23. Subsection (b), Section 5A, Chapter 475, Acts of
30-14 the 52nd Legislature, Regular Session, 1951 (Article 4551e,
30-15 Vernon's Texas Civil Statutes), is amended to read as follows:
30-16 (b) The State Board of Dental Examiners by rule shall:
30-17 (1) require a licensee to complete at least 12 [36]
30-18 hours of continuing education for [in] each annual registration
30-19 [three-year] period as a prerequisite to renewal for a subsequent
30-20 annual period [to maintain licensure];
30-21 (2) identify the key factors that lead to the
30-22 competent performance of professional duties under this Act;
30-23 (3) develop a process to evaluate and approve
30-24 continuing education courses; and
30-25 (4) develop a process to assess a licensee's
30-26 participation and performance in continuing education courses that
31-1 will enable the Board to evaluate the overall effectiveness of the
31-2 program.
31-3 SECTION 24. Subsections (c) and (d), Section (6), Article
31-4 4551f, Revised Statutes, are amended to read as follows:
31-5 (c) If the owner or manager of a dental laboratory required
31-6 to be registered under this section fails to renew the registration
31-7 and pay the annual renewal fee before the expiration date as set by
31-8 the Board, the Board shall suspend the registration certificate of
31-9 that laboratory. An owner or manager may renew an unexpired
31-10 certificate by paying the required renewal fee to the Board on or
31-11 before the expiration date. If the certificate has been expired
31-12 for not more than 90 days, the owner or manager may renew the
31-13 certificate by paying to the Board the required renewal fee and a
31-14 fee equal to one-half the renewal fee. If the certificate has been
31-15 expired for more than 90 days but less than one year [two years],
31-16 the owner or manager may renew the certificate by paying to the
31-17 Board all unpaid renewal fees and a fee equal to the amount of the
31-18 initial registration fee. If the certificate has been expired for
31-19 one year [two years] or longer, the owner or manager may not renew
31-20 the certificate. To reinstate the certificate, the owner or
31-21 manager must comply with the requirements for obtaining an original
31-22 certificate.
31-23 (d) The owner of a dental laboratory registered with the
31-24 Board on September 1, 1987, is not required to submit proof that
31-25 the laboratory has at least one certified dental technician
31-26 employed by and working on the premises of the laboratory if:
32-1 (1) the registration of the laboratory has been
32-2 renewed each year [continuous] since that date and all registration
32-3 fees have been paid;
32-4 (2) the beneficial ownership of at least 51 percent of
32-5 the laboratory has not been transferred; and
32-6 (3) the owner is employed on the premises of the
32-7 laboratory not less than 30 hours each week.
32-8 SECTION 25. Article 4551j, Revised Statutes, is amended to
32-9 read as follows:
32-10 Art. 4551j. CIVIL IMMUNITY, OFFICIAL ACTS. In the absence
32-11 of fraud, conspiracy, or malice, no member of the Texas State Board
32-12 of Dental Examiners, its employees, part-time employees, or persons
32-13 who contract with the board, nor any witness called to testify by
32-14 said board, nor any consultant or hearing officer appointed by said
32-15 board shall be liable or subject to suit or suits for damages for
32-16 alleged injury, wrong, loss, or damage allegedly caused by any of
32-17 said persons for any investigation, report, recommendation,
32-18 statement, evaluation, finding, order, or award made in the course
32-19 of any of said persons performing assigned, designated, official,
32-20 or statutory duties. This immunity is enacted to relieve and
32-21 protect the persons named from being harassed and threatened with
32-22 legal action while attempting to perform official duties.
32-23 SECTION 26. Section 2, Article 4544a, Revised Statutes, is
32-24 repealed.
32-25 SECTION 27. Subsection (b), Section 5, Article 4544, Revised
32-26 Statutes, Subsection (b), Section 5A, Chapter 475, Acts of the 52nd
33-1 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
33-2 Civil Statutes), and Subsection (c), Section (6), Article 4551f,
33-3 Revised Statutes, as amended by this Act, apply only to licenses
33-4 and registrations that expire after the effective date of this Act.
33-5 Licenses and registrations in effect the day before the effective
33-6 date of this Act continue to be valid and expire according to their
33-7 own terms.
33-8 SECTION 28. This Act takes effect September 1, 1999.
33-9 SECTION 29. The importance of this legislation and the
33-10 crowded condition of the calendars in both houses create an
33-11 emergency and an imperative public necessity that the
33-12 constitutional rule requiring bills to be read on three several
33-13 days in each house be suspended, and this rule is hereby suspended.