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, provided that each patient shall be
7-23     given the name of the treating dentist in writing, either prior to
7-24     or after each office visit.  Any advertisement by the corporation,
7-25     company, association, or trade name must include prominently the
7-26     name of at least one dentist practicing under such name.  The
 8-1     person, corporation, company, or association shall file with the
 8-2     State Board of Dental Examiners a list of all dentists who practice
 8-3     under the name and a list of each trade name used if the trade name
 8-4     is different from the corporation, company, or association name.  A
 8-5     list required under this section must be updated and filed with the
 8-6     Board not later than the 30th day after the date of the change.
 8-7     Each day of violation of this Article shall constitute a separate
 8-8     offense.
 8-9           SECTION 8.  Article 4548g, Revised Statutes, is amended to
8-10     read as follows:
8-11           Art. 4548g.  UNPROFESSIONAL CONDUCT.  It shall be unlawful
8-12     for any person, firm, or corporation to engage in or be guilty of
8-13     any unprofessional conduct pertaining to dentistry directly or
8-14     indirectly.  Any unprofessional conduct, as used herein, means and
8-15     includes any one or more of the following acts:
8-16                 (1)  obtaining or attempting to collect any fee by
8-17     fraud or misrepresentation;
8-18                 (2)  soliciting dental business by means of oral
8-19     [verbal] communication, in person or otherwise, directed to an
8-20     individual or group of less than five individuals, which is
8-21     primarily for the purpose of attracting the patronage of such
8-22     individual or group to a particular practice of dentistry;
8-23                 (3)  employing, directly or indirectly, or permitting
8-24     any unlicensed person to perform dental services upon any person,
8-25     except as otherwise authorized by law or the rules and regulations
8-26     of the State Board of Dental Examiners;
 9-1                 (4)  claiming or circulating any statement of
 9-2     professional superiority or the performance of professional
 9-3     services in a superior manner;
 9-4                 (5)  forging, altering, or changing any diploma,
 9-5     license, registration certificate, transcript, or any other legal
 9-6     document pertaining to the practice of dentistry, being a party
 9-7     thereto or beneficiary thereof, or making any false statement about
 9-8     or in securing such document, or being guilty of misusing the same;
 9-9                 (6)  accepting employment as a dentist under any
9-10     referral scheme which is false, misleading, or deceptive;
9-11                 (7)  advertising to perform any dental work without
9-12     pain or discomfort to the patient; or
9-13                 (8)  advertising predictions of future satisfaction or
9-14     success of any dental service.
9-15           SECTION 9.  Article 4549, Revised Statutes, is amended to
9-16     read as follows:
9-17           Art. 4549.  REFUSAL TO [EXAMINE OR] ISSUE LICENSE; JUDICIAL
9-18     SUSPENSIONS AND REVOCATIONS
9-19           Sec. 1.  The State Board of Dental Examiners shall have
9-20     authority to refuse to issue a license by examination to a dental
9-21     or dental hygiene applicant [examine any person or refuse to issue
9-22     a dental license or a dental hygienist license to any person] for
9-23     any one or more of the following causes:
9-24                 (a)  Proof of presentation to the Board of any
9-25     dishonest or fake evidence of qualification, or being guilty of any
9-26     illegality, fraud, or deception in the process of examination, or
 10-1    for the purpose of securing a license or certificate.
 10-2                (b)  Proof of chronic or habitual intoxication or
 10-3    addiction to drugs on the part of the applicant.
 10-4                (c)  Proof that the applicant has been guilty of
 10-5    dishonest or illegal practices in or connected with the practice of
 10-6    dentistry or dental hygiene.
 10-7                (d)  Proof of conviction of the applicant of a felony
 10-8    under the laws of this State or any other State or of the United
 10-9    States.
10-10                (e)  Proof that the applicant violated any of the
10-11    provisions of the statutes of the State of Texas relating to the
10-12    practice of dentistry or any provisions of Chapter 9, Title 71,
10-13    Revised Statutes, within 12 months before the filing of an
10-14    application for the license.
10-15          Sec. 2.  The State Board of Dental Examiners shall have
10-16    jurisdiction and authority, after notice and hearing, to suspend or
10-17    revoke a dental license or a dental hygienist license, to impose a
10-18    fine on a person licensed under this chapter, to place on probation
10-19    with conditions a person whose license or certificate is suspended,
10-20    or to reprimand a licensee or certificate holder, and in addition
10-21    to or in lieu of said suspension, revocation, probation, or
10-22    reprimand, to assess an administrative penalty as provided for in
10-23    Article 4548j, Revised Statutes, for any one or more of the
10-24    following causes:
10-25                (a)  Proof of insanity of the holder of a license or
10-26    certificate, as adjudged by the regularly constituted authorities.
 11-1                (b)  Proof of conviction of the holder of a license or
 11-2    certificate of a misdemeanor involving fraud or any felony [or a
 11-3    misdemeanor involving fraud] under the laws of this State or any
 11-4    other State or of the United States.
 11-5                (c)  That the holder [thereof has been or] is guilty of
 11-6    dishonorable conduct[, malpractice, gross incompetency,] or failure
 11-7    to treat a patient according to the standard of care in the
 11-8    practice of dentistry or dental hygiene.
 11-9                (d)  That the holder thereof has been or is guilty of
11-10    any deception or misrepresentation for the purpose of soliciting or
11-11    obtaining patronage.
11-12                (e)  That the holder thereof procured a license or
11-13    certificate through fraud or misrepresentation.
11-14                (f)  That the holder thereof is addicted to or is
11-15    habitually intemperate in [habitual intoxication or] the use of
11-16    alcoholic beverages or drugs or has improperly obtained, possessed,
11-17    used, or distributed habit-forming drugs or narcotics.
11-18                (g)  That a dentist employs or permits or has employed
11-19    or permitted persons to practice dentistry in the office or offices
11-20    under his control or management, who were not licensed to practice
11-21    dentistry.
11-22                (h)  That the holder thereof has failed to use proper
11-23    diligence in the conduct of his practice or to safeguard his
11-24    patients against avoidable infections.
11-25                (i)  That the holder thereof has failed or refused to
11-26    comply with any State law relating to the regulation of dentists or
 12-1    dental hygienists.
 12-2                (j)  That the holder thereof has failed or refused to
 12-3    comply with the adopted and promulgated rules and regulations of
 12-4    the Board.
 12-5                (k)  That the holder thereof is physically or mentally
 12-6    incapable of practicing with safety to dental patients.
 12-7                (l)  That the holder thereof has been negligent in the
 12-8    performance of dental services which injured or damaged dental
 12-9    patients.
12-10                (m)  Proof of suspension, revocation, probation,
12-11    reprimand, or other restriction by another State of a license or
12-12    certificate to practice dentistry or dental hygiene based upon acts
12-13    by the licensee or certificate holder enumerated in this section.
12-14                (n)  That the holder thereof has knowingly provided or
12-15    agreed to provide dental care in a manner which violates any
12-16    provision of federal or State law regulating a plan whereby any
12-17    person undertakes to provide, arrange for, pay for, or reimburse
12-18    any part of the cost of any dental care services or regulating the
12-19    business of insurance.
12-20          Sec. 3.  (a)  If the Board proposes to refuse to issue a
12-21    license by examination to a dental or dental hygiene applicant or
12-22    [examine a person,] to suspend or revoke a license, to impose a
12-23    fine, to place on probation a person whose license has been
12-24    suspended, or to reprimand a license holder, the person is entitled
12-25    to a hearing under Chapter 2001, Government Code.
12-26          (b)  The hearing under this section and an appeal from the
 13-1    hearing under this section are governed by Chapter 2001, Government
 13-2    Code (Administrative Procedure Act).
 13-3          SECTION 10.  Article 4549-1.1, Revised Statutes, is amended
 13-4    to read as follows:
 13-5          Art. 4549-1.1.  SUBPOENA POWER.  The State Board of Dental
 13-6    Examiners may request and, if necessary, compel by subpoena the
 13-7    attendance of witnesses for examination under oath and the
 13-8    production for inspection and copying of books, accounts, records,
 13-9    papers, correspondence, documents, and other evidence relevant to
13-10    the investigation of alleged violations of the provisions of the
13-11    statutes of the State of Texas relating to the practice of
13-12    dentistry or any provisions of this chapter.  If a person fails to
13-13    comply with a subpoena issued under this article, the board, acting
13-14    through the attorney general, may file suit to enforce the subpoena
13-15    in a district court in Travis County [or in the county in which a
13-16    hearing conducted by the board may be held].  The court, if it
13-17    determines that good cause exists for the issuance of the subpoena,
13-18    shall order compliance with the requirements of the subpoena.
13-19    Failure to obey the order of the court may be punished by the court
13-20    as contempt.
13-21          SECTION 11.  Article 4549-2, Revised Statutes, is amended to
13-22    read as follows:
13-23          Art. 4549-2.  DENTAL PRIVILEGE; RECORDS OF THE DENTIST
13-24          Sec. 1.  DEFINITIONS.  In this article:
13-25                (1)  "Board" means the State Board of Dental Examiners.
13-26                (2)  "Dental record" means dental information about a
 14-1    patient:
 14-2                      (A)  created or maintained by a dentist; and
 14-3                      (B)  relating to the history or treatment of the
 14-4    patient.
 14-5                (3)  "Dentist" means a person licensed to practice
 14-6    dentistry.
 14-7                (4)  "Patient" means a person who consults with a
 14-8    dentist to receive dental care.
 14-9                (5)  "Privilege" means the confidentiality privilege
14-10    created by this article.
14-11          Sec. 2.  SCOPE OF PRIVILEGE.  (a)  The following information
14-12    is privileged and may not be disclosed except as provided by this
14-13    article:
14-14                (1)  a communication between a dentist and a patient
14-15    that relates to a professional service provided by the dentist; and
14-16                (2)  a dental record.
14-17          (b)  The privilege described by this section applies
14-18    regardless of when the patient received the professional service
14-19    from the dentist.
14-20          Sec. 3.  HOLDER OF PRIVILEGE.  (a)  The patient is the holder
14-21    of the privilege.
14-22          (b)  The following persons may claim the privilege on the
14-23    patient's behalf:
14-24                (1)  a person authorized to act on the patient's
14-25    behalf;
14-26                (2)  a dentist acting on the patient's behalf; and
 15-1                (3)  the agent or employee of a person listed in
 15-2    Subdivision (1) or (2) of this subsection.
 15-3          (c)  A person's authority to claim the privilege is presumed
 15-4    in the absence of evidence to the contrary.
 15-5          Sec. 4.  CONSENT TO DISCLOSURE OF PRIVILEGED INFORMATION.
 15-6    (a)  A person may disclose privileged information if the patient
 15-7    consents to the disclosure as provided in this section.
 15-8          (b)  Consent for the release of privileged information must
 15-9    be in writing and signed by:
15-10                (1)  the patient;
15-11                (2)  a parent or legal guardian of the patient if the
15-12    patient is a minor;
15-13                (3)  a legal guardian of the patient if the patient has
15-14    been adjudicated incompetent to manage the patient's personal
15-15    affairs;
15-16                (4)  an attorney ad litem appointed for the patient, as
15-17    authorized by:
15-18                      (A)  Chapter 107, Family Code;
15-19                      (B)  Subtitle B, Title 6, Health and Safety Code;
15-20                      (C)  Subtitle C, Title 7, Health and Safety Code;
15-21                      (D)  Subtitle D, Title 7, Health and Safety Code;
15-22                      (E)  Subtitle E, Title 7, Health and Safety Code;
15-23                      (F)  Chapter V, Texas Probate Code; or
15-24                      (G)  any other law; or
15-25                (5)  a personal representative of the patient if the
15-26    patient is deceased.
 16-1          (c)  The consent required under this section must specify:
 16-2                (1)  the information covered by the release;
 16-3                (2)  the person to whom the information is to be
 16-4    released; and
 16-5                (3)  the purpose for the release.
 16-6          (d)  A person may withdraw consent granted under this section
 16-7    by notifying in writing the person who maintains the information.
 16-8    Withdrawal of consent does not affect information disclosed before
 16-9    the written notice of the withdrawal was delivered.
16-10          Sec. 5.  EXCEPTION TO PRIVILEGE FOR CERTAIN PROCEEDINGS.  (a)
16-11    The privilege does not apply in a court or administrative
16-12    proceeding if the proceeding is:
16-13                (1)  brought by the patient against a dentist,
16-14    including a malpractice, criminal, or license revocation
16-15    proceeding, if the disclosure is relevant to a claim or defense of
16-16    the dentist; or
16-17                (2)  to collect on a claim for dental services rendered
16-18    to the patient.
16-19          (b)  The privilege does not apply to the disclosure of a
16-20    dental record:
16-21                (1)  to the board in a disciplinary investigation or
16-22    proceeding against a dentist conducted under the Dental Practice
16-23    Act (Chapter 9, Title 71, Revised Statutes); or
16-24                (2)  in a criminal investigation or proceeding against
16-25    a dentist in which the board is participating or assisting by
16-26    providing a record obtained from the dentist.
 17-1          (c)  The board may not reveal the identity of a patient whose
 17-2    dental record  is disclosed under Subsection (b) of this section.
 17-3          (d)  Privileged information is discoverable in a criminal
 17-4    prosecution if:
 17-5                (1)  the patient is a victim, witness, or defendant;
 17-6    and
 17-7                (2)  the court in which the prosecution is pending
 17-8    rules, after an in camera review, that the information is relevant
 17-9    for discovery purposes.
17-10          (e)  Privileged information is admissible in a criminal
17-11    prosecution if:
17-12                (1)  the patient is a victim, witness, or defendant;
17-13    and
17-14                (2)  the court in which the prosecution is pending
17-15    rules, after an in camera review, that the information is relevant.
17-16          Sec. 6.  EXCEPTION TO PRIVILEGE FOR CERTAIN DISCLOSURES BY
17-17    DENTIST.  (a)  The privilege does not apply to the disclosure of
17-18    information by a dentist to:
17-19                (1)  a governmental agency, if:
17-20                      (A)  the disclosure is required by another law;
17-21    and
17-22                      (B)  the agency agrees to keep confidential the
17-23    identity of a patient whose dental record is disclosed;
17-24                (2)  medical or law enforcement personnel, if the
17-25    dentist determines that it is more likely than not that the
17-26    following will occur:
 18-1                      (A)  imminent physical injury to the patient, the
 18-2    dentist, or others; or
 18-3                      (B)  immediate mental or emotional injury to the
 18-4    patient;
 18-5                (3)  a person in relation to a management or financial
 18-6    audit, program evaluation, or research, if the person agrees to
 18-7    keep confidential the identity of a patient whose dental record is
 18-8    disclosed;
 18-9                (4)  a person involved in the payment or collection of
18-10    fees for services rendered by a dentist, if necessary; or
18-11                (5)  another dentist, or other person under the
18-12    direction of the dentist, who participates in the diagnosis,
18-13    evaluation, or treatment of the patient.
18-14          (b)  A person who receives information under Subsection
18-15    (a)(3) of this section may not disclose a patient's identity in
18-16    writing.
18-17          (c)  A record reflecting a charge or  specific service
18-18    provided may be disclosed only when necessary in the collection of
18-19    fees for a service provided by a dentist, professional association,
18-20    or other entity qualified to provide or arrange for a service.
18-21          Sec. 7.  EXCEPTION TO PRIVILEGE FOR CERTAIN LEGISLATIVE
18-22    INQUIRIES.  A state hospital or state school may disclose a dental
18-23    record if:
18-24                (1)  the state hospital or state school created the
18-25    record;
18-26                (2)  an inquiry authorized by the legislature requests
 19-1    the information; and
 19-2                (3)  the entity receiving the record agrees not to
 19-3    disclose a patient's identity.
 19-4          Sec. 8.  LIMIT ON DISCLOSURE.  A person who receives
 19-5    privileged information may disclose the information to another
 19-6    person only to the extent consistent with the purpose for which the
 19-7    information was obtained.
 19-8          Sec. 9.  REQUEST FOR DENTAL RECORD:  TIMING; EXCEPTION.
 19-9    (a)  If disclosure of a dental record is authorized under this
19-10    article, a dentist shall disclose the dental record within a
19-11    reasonable  period after it is requested but not be later than:
19-12                (1)  the 30th day after the date on which it is
19-13    requested from the dentist; or
19-14                (2)  a date ordered by a court.
19-15          (b)  A dentist may refuse to disclose the requested record if
19-16    the dentist determines that providing the information would be
19-17    harmful to the physical, mental, or emotional health of the
19-18    patient.  If the dentist determines that disclosing the record
19-19    would be harmful, the dentist shall notify the person requesting
19-20    the record and explain why the information would be harmful.  The
19-21    person requesting the record may challenge in court the dentist's
19-22    refusal to disclose the record.    If the court determines that the
19-23    dentist made the refusal in bad faith, the court may order the
19-24    disclosure of the record and award costs and attorney's fees
19-25    incurred by the person to obtain the information.
19-26          (c)  In disclosing a dental record under this section, a
 20-1    dentist shall redact privileged information about another person.
 20-2          (d)  A dentist may charge  a reasonable fee for providing a
 20-3    dental record under this section.  For purposes of this subsection,
 20-4    a  fee  established under Section 241.154, Health and Safety Code,
 20-5    is a reasonable fee.
 20-6          Sec. 10.  TRANSFER OF DENTAL RECORDS.  Records of the
 20-7    diagnosis made and the treatment performed for and on a dental
 20-8    patient shall be the property of the dentist who performs the
 20-9    dental service and may not be sold, pledged as collateral, or
20-10    otherwise transferred to any person other than the patient unless
20-11    [the other person is a dentist licensed by the Board and] the
20-12    transfer is made in compliance with this article and rules relating
20-13    to the transfer of records as may be adopted by the board [Board].
20-14    Nothing herein shall prevent the voluntary submission of records to
20-15    insurance companies for the purpose of determining benefits when
20-16    consent for the disclosure has been granted under Section 4 of this
20-17    article.
20-18          SECTION 12.  Article 4550, Revised Statutes, is amended to
20-19    read as follows:
20-20          Art. 4550.  RECORDS OF THE BOARD
20-21          Sec. 1.  The Board shall keep records in which shall be
20-22    registered the name and permanent address [residence] and place of
20-23    business of all persons authorized under this law to practice
20-24    dentistry, dental hygiene and such other professions or businesses
20-25    under its jurisdiction as provided by law.  Each dentist, dental
20-26    hygienist, dental laboratory, and dental technician registered with
 21-1    the Board shall timely notify the Board in writing of:
 21-2                (1)  any change of address of the place of business of
 21-3    such dentist, hygienist, laboratory, or technician; and
 21-4                (2)  any change of employers by such dentist,
 21-5    hygienist, laboratory, or technician, and any change of owners of
 21-6    the laboratory.
 21-7          The Board is timely notified if it receives the notice within
 21-8    60 days after the date the change occurs.
 21-9          Sec. 2.  All of the records and files of the State Board of
21-10    Dental Examiners shall be public records and open to inspection at
21-11    reasonable times, except the investigation files and records which
21-12    shall be confidential and shall be divulged only to persons so
21-13    investigated upon completion of said investigation.  It is not a
21-14    violation of this section for the Board to share investigation
21-15    files and records with another state regulatory agency or a local,
21-16    state, or federal law enforcement agency [during the course of a
21-17    joint investigation or in determining the feasibility of conducting
21-18    an investigation].
21-19          SECTION 13.  Section 1, Article 4550a, Revised Statutes, is
21-20    amended to read as follows:
21-21          Sec. 1.  It shall be the duty of all persons holding a dental
21-22    license or dental hygienist license issued by the State Board of
21-23    Dental Examiners to annually apply and to be registered as such
21-24    practitioners with the State Board of Dental Examiners on or before
21-25    the expiration date of the license [March 1st of each calendar
21-26    year].  Each person so registering shall pay in connection with
 22-1    such annual registration for the receipt hereinafter provided for,
 22-2    a fee as determined by said Board according to the needs of said
 22-3    Board, such payment to be made by each person to such Board, and
 22-4    every person so registering shall file with said Board a written
 22-5    application setting forth such facts as the Board may require.  A
 22-6    person holding a dental or dental hygienist license must attach to
 22-7    the application proof that the applicant has successfully completed
 22-8    a current course [of current certification] in cardiopulmonary
 22-9    resuscitation given or approved by the American Heart Association
22-10    or American Red Cross or, in the event that the applicant [person]
22-11    is not physically capable of successfully completing such training,
22-12    a written statement executed by either a licensed physician or an
22-13    instructor in cardiopulmonary resuscitation approved by the
22-14    American Heart Association or American Red Cross that describes
22-15    such physical incapacity.  In lieu of this requirement for
22-16    completion of a current course in [annual] cardiopulmonary
22-17    resuscitation [certification], a dentist or dental hygienist
22-18    licensed by the State Board of Dental Examiners and residing in a
22-19    country other than the United States may satisfy this requirement
22-20    by submitting proof of residence upon the annual date of renewal.
22-21    Upon receipt of such applications, accompanied by such fees, said
22-22    Board, after ascertaining either from its records or other sources
22-23    deemed by it to be reliable that the applicant holds a valid
22-24    license or certificate to practice in this State, shall issue to
22-25    the applicant an annual registration certificate or receipt
22-26    certifying that he has filed such application and has paid the
 23-1    required fee; provided that the filing of such application, the
 23-2    payment of such fee, and the issuance of such receipt therefor
 23-3    shall not entitle the holder thereof to lawfully practice within
 23-4    the State of Texas unless he in fact holds a license or certificate
 23-5    as such practitioner issued by the State Board of Dental Examiners,
 23-6    as provided by this law, and unless said license or certificate is
 23-7    in full force and effect; and provided further, that in any
 23-8    prosecution for unlawful practice such receipt showing payment of
 23-9    the annual registration fee required by this chapter shall not be
23-10    treated as evidence that the holder thereof is lawfully entitled to
23-11    practice.
23-12          SECTION 14.  Subsections (c), (d), (e), and (h), Section 2,
23-13    Article 4550a, Revised Statutes, are amended to read as follows:
23-14          (c)  If a person's license or certificate has been expired
23-15    for not longer than ninety (90) days, the person may renew it by
23-16    paying to the Board the required renewal fee and a fee that is
23-17    one-half of the application [examination] fee for the license or
23-18    certificate.
23-19          (d)  If a person's license or certificate has been expired
23-20    for longer than ninety (90) days but less than one year, the person
23-21    may renew it by paying to the Board all unpaid renewal fees and a
23-22    fee that is equal to the application [examination] fee for the
23-23    license or certificate.
23-24          (e)  If a person's license or certificate has been expired
23-25    for one year or longer, the person may not renew it[, except as
23-26    provided by Section 2A of this article].  The person may obtain a
 24-1    new license or certificate by submitting to reexamination and
 24-2    complying with the requirements and procedures for obtaining an
 24-3    original license or certificate.  However, the Board may adopt
 24-4    rules providing for renewal without reexamination of an expired
 24-5    license of a person who was licensed in this state, moved to
 24-6    another state, and is currently licensed and has been in practice
 24-7    in the other state for the two years preceding application.  The
 24-8    person must pay to the Board a fee that is equal to the examination
 24-9    fee for the license.
24-10          (h)  The Board by rule may adopt a system under which
24-11    licenses expire on various dates during the year.  [For the year in
24-12    which the license expiration date is changed, license fees payable
24-13    on March 1 shall be prorated on a monthly basis so that each
24-14    licensee shall pay only that portion of the license fee that is
24-15    allocable to the number of months during which the license is
24-16    valid.  On renewal of the license on the new expiration date, the
24-17    total license renewal fee is payable.]
24-18          SECTION 15.  Subsection (i), Section 4, Article 4550a,
24-19    Revised Statutes, is amended to read as follows:
24-20          (i)  The Board shall develop and implement policies that
24-21    provide the public with a reasonable opportunity to appear before
24-22    the Board and to speak on any issue under the jurisdiction of the
24-23    Board, except to the extent that that communication would be ex
24-24    parte under any provision of law.
24-25          SECTION 16.  Subsection (a), Article 4550c, Revised Statutes,
24-26    is amended to read as follows:
 25-1          (a)  Each dental application [examination] fee and dentist
 25-2    annual renewal fee imposed by or under Subsection (b), Article
 25-3    4551, Revised Statutes, is increased by $200.
 25-4          SECTION 17.  Article 4551a, Revised Statutes, is amended to
 25-5    read as follows:
 25-6          Art. 4551a.  PERSONS REGARDED AS PRACTICING DENTISTRY.  Any
 25-7    person shall be regarded as practicing dentistry within the meaning
 25-8    of this Chapter:
 25-9                (1)  Who publicly professes to be a dentist or dental
25-10    surgeon or who uses or permits to be used for himself or for any
25-11    other person, the title of "Doctor," "Dr.," "Doctor of Dental
25-12    Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," or any
25-13    other letters, titles, terms or descriptive matter, including use
25-14    of the terms "denturist" or "denturism," which directly or
25-15    indirectly represents him as being able to diagnose, treat, remove
25-16    stains or concretions from teeth, provide surgical and adjunctive
25-17    treatment for any disease, pain, injury, deficiency, deformity or
25-18    physical condition of the human teeth, oral cavity, alveolar
25-19    process, gums, jaws or directly related and adjacent masticatory
25-20    structures.
25-21                (2)  Who shall offer or undertake by any means or
25-22    methods whatsoever, to clean teeth or to remove stains, concretions
25-23    or deposits from teeth in the human mouth, or who shall undertake
25-24    or offer to diagnose, treat, operate, or prescribe by any means or
25-25    methods for any disease, pain, injury, deficiency, deformity, or
25-26    physical condition of the human teeth, oral cavity, alveolar
 26-1    process, gums, or jaws.
 26-2                (3)  Any person who shall offer or undertake in any
 26-3    manner to prescribe or make, or cause to be made, an impression of
 26-4    any portion of the human mouth, teeth, gums, or jaws, for the
 26-5    purpose of diagnosing, prescribing, treating, or aiding in the
 26-6    diagnosing, prescribing or treating, any physical condition of the
 26-7    human mouth, teeth, gums or jaws, or for the purpose of
 26-8    constructing or aiding in the construction of any dental appliance,
 26-9    denture, dental bridge, false teeth, dental plate or plates of
26-10    false teeth, or any other substitute for human teeth.
26-11                (4)  Any one who owns, maintains, or operates any
26-12    office or place of business where he employs or engages, under any
26-13    kind of contract whatsoever, any other person or persons to
26-14    practice dentistry as above defined shall be deemed to be
26-15    practicing dentistry himself and shall himself be required to be
26-16    duly licensed to practice dentistry as hereinabove defined, and
26-17    shall be subject to all of the other provisions of this Chapter,
26-18    even though the person or persons so employed or engaged by him
26-19    shall be duly licensed to practice dentistry as hereinabove
26-20    defined, unless otherwise provided by law.
26-21                (5)  Any person, firm, group, association, or
26-22    corporation who shall offer or undertake to fit, adjust, repair, or
26-23    substitute in the human mouth or directly related and adjacent
26-24    masticatory structures any dental appliance, structure, prosthesis,
26-25    or denture, or who shall aid or cause to be fitted, adjusted,
26-26    repaired, or substituted in the human mouth or directly related and
 27-1    adjacent masticatory structures any dental appliance, structure,
 27-2    prosthesis, or denture.
 27-3                (6)  Who makes, fabricates, processes, constructs,
 27-4    produces, reproduces, duplicates, repairs, relines, or fixes any
 27-5    full or partial denture, any fixed or removable dental bridge or
 27-6    appliance, any dental plate or plates of false teeth, any
 27-7    artificial dental restoration, or any substitute or corrective
 27-8    device or appliance for the human teeth, gums, jaws, mouth,
 27-9    alveolar process, or any part thereof for another, or who in any
27-10    manner offers, undertakes, aids, abets, or causes another person so
27-11    to do for another, without a written prescription or work-order
27-12    therefor signed by the dentist legally engaged in the practice of
27-13    dentistry in this state or in the jurisdiction where such dentist
27-14    maintains his dental office and who prescribed and ordered same.
27-15                (7)  Who shall offer or undertake or cause another to
27-16    do, directly or indirectly, for any person any act, service, or
27-17    work in the practice of dentistry or any part thereof as provided
27-18    for in the laws of Texas relating to the practice of dentistry
27-19    including without limitation the inducing, administering,
27-20    prescribing, or dispensing any anesthesia, anesthetic drug,
27-21    medicine, or agent in anywise incidental to or in connection with
27-22    the practice of dentistry; or who permits or allows another to use
27-23    his license or certificate to practice dentistry in this state for
27-24    the purpose of performing any act described in this Article; or who
27-25    shall aid or abet, directly or indirectly, the practice of
27-26    dentistry by any person not duly licensed to practice dentistry by
 28-1    the State Board of Dental Examiners.
 28-2                (8)  Who shall control, attempt to control, influence,
 28-3    attempt to influence, or otherwise interfere with the exercise of a
 28-4    dentist's independent professional judgment regarding the diagnosis
 28-5    or treatment of any dental disease, disorder, or physical
 28-6    condition.  Rules adopted by the Board addressing the prohibitions
 28-7    in this subdivision may prohibit a dentist from engaging in
 28-8    contracts that allow a person who is not a dentist to influence or
 28-9    interfere with the exercise of a dentist's independent professional
28-10    judgment.  Rules adopted by the Board, pursuant to this Act, may
28-11    not preclude a dentist's right to contract with a management
28-12    service organization.  Rules affecting contracts for provision of
28-13    management services shall have the same application both to
28-14    dentists contracting with management service organizations and to
28-15    dentists otherwise contracting for such services.  However, nothing
28-16    herein shall be construed to require any entity to pay for services
28-17    which are not provided for in a contract or agreement or to exempt
28-18    any dentist who is a member of a hospital staff from adhering to
28-19    hospital bylaws, medical staff bylaws, or established policies
28-20    approved by the governing board and the medical and dental staff of
28-21    the hospital.
28-22                (9)  If the person holds the person out to be a
28-23    denturist or uses another title that is intended to convey to the
28-24    public that the services offered by the person are included within
28-25    the practice of dentistry.
28-26          SECTION 18.  Section 11, Chapter 244, General Laws, Acts of
 29-1    the 44th Legislature, Regular Session, 1935 (Article 4551b,
 29-2    Vernon's Texas Civil Statutes), is amended to read as follows:
 29-3          Sec. 11.  The definition of dentistry as contained in Chapter
 29-4    9, Title 71, Revised Statutes, shall not apply to:
 29-5                (1)  members of the faculty of a reputable dental or
 29-6    dental hygiene college or school where such faculty members perform
 29-7    their services for the sole benefit of such school or college;
 29-8                (2)  students of a reputable dental college who perform
 29-9    their operations without pay except for actual cost of materials,
29-10    in the presence of and under the direct personal supervision of a
29-11    demonstrator or teacher who is a member of the faculty of a
29-12    reputable dental college;
29-13                (3)  persons doing laboratory work on inert matter
29-14    only, and who do not solicit or obtain work, by any means, from a
29-15    person or persons not a licensed dentist actually engaged in the
29-16    practice of dentistry and who do not act as the agents or
29-17    solicitors of, or have any interest whatsoever in, any dental
29-18    office, practice or the receipts therefrom;
29-19                (4)  physicians and surgeons legally authorized to
29-20    practice medicine as defined by the law of this state who do not
29-21    hold themselves out to the public as practicing dentistry;
29-22                (5)  dental hygienists legally authorized to practice
29-23    dental hygiene in this state and who practice dental hygiene in
29-24    strict conformity with the laws of Texas regulating the practice of
29-25    dental hygiene;
29-26                (6)  those persons who as members of an established
 30-1    church practice healing by prayer only;
 30-2                (7)  employees of a dentist who make dental x-rays in
 30-3    the dental office and under the supervision of such dentist or
 30-4    dentists legally engaged in the practice of dentistry in this
 30-5    state;
 30-6                (8)  Dental Health Service Corporations legally
 30-7    chartered under Section A(1), Article 2.01, Texas Non-Profit
 30-8    Corporation Act (Article 1396-2.01, Vernon's Texas Civil Statutes);
 30-9                (9)  dental interns and dental residents as defined and
30-10    regulated by the Texas State Board of Dental Examiners in its rules
30-11    and regulations;
30-12                (10)  a student [students] of a dental hygiene program
30-13    accredited by the Commission on Dental Accreditation of the
30-14    American Dental Association and operated at an accredited
30-15    institution of higher education who practices [practice] dental
30-16    hygiene:
30-17                      (A)  without pay under the general supervision of
30-18    a dentist and under the supervision of a demonstrator or teacher
30-19    who is a member of the faculty of that program;
30-20                      (B)  in strict conformity with the laws of this
30-21    state regulating the practice of dental hygiene, except that they
30-22    may practice under the supervision of a demonstrator or teacher who
30-23    is a dentist member of the faculty of that program; and
30-24                      (C)  in a clinic operated:
30-25                            (i)  for the sole benefit of the program's
30-26    institution of higher education; or
 31-1                            (ii)  [in a clinic operated] by a
 31-2    government or nonprofit organization that serves underserved
 31-3    populations, as determined by rule of the State Board of Dental
 31-4    Examiners [and in strict conformity with the laws of this state
 31-5    regulating the practice of dental hygiene];
 31-6                (11)  dental assistants who perform the duties
 31-7    permitted by Article 4551e-1, Revised Statutes, in strict
 31-8    conformity with the laws of this state; [or]
 31-9                (12)  dentists and dental hygienists licensed by
31-10    another state or foreign country who perform clinical procedures
31-11    only for professional and technical education demonstration
31-12    purposes, provided that such dentists and dental hygienists must
31-13    first obtain a temporary license for such purpose from the State
31-14    Board of Dental Examiners;
31-15                (13)  a dental hygienist who is a faculty member of a
31-16    dental or dental hygiene school while practicing dental hygiene
31-17    only:
31-18                      (A)  under the supervision of a dentist licensed
31-19    in Texas or of a teacher or demonstrator who is a dentist faculty
31-20    member of the school; and
31-21                      (B)  otherwise, in strict conformity with the
31-22    laws regulating the practice of dental hygiene;
31-23                (14)  a dentist enrolled in remedial training programs
31-24    sponsored by the Commission on Dental Accreditation of the American
31-25    Dental Association at an accredited dental or dental hygiene school
31-26    while participating in such a program in this state;
 32-1                (15)  a dental hygienist enrolled in remedial training
 32-2    programs sponsored by the Commission on Dental Accreditation of the
 32-3    American Dental Association at an accredited dental or dental
 32-4    hygiene school while participating in such a program in this state
 32-5    in strict conformity with the laws regulating the practice of
 32-6    dental hygiene, except that supervision may be provided by a
 32-7    demonstrator or teacher who is a dentist member of the program;
 32-8                (16)  a dentist who is not licensed in this state and
 32-9    who is a candidate enrolled to take the dental clinical examination
32-10    offered by the Western Regional Examining Board in this state while
32-11    taking the examination;
32-12                (17)  a dental hygienist who is not licensed in this
32-13    state and who is a candidate enrolled to take the dental hygiene
32-14    clinical examination offered by the Western Regional Examining
32-15    Board in this state while taking the examination if participation
32-16    is in strict conformity with the laws of this state regulating the
32-17    practice of dental hygiene, except that supervision may be provided
32-18    by a dentist whose services are secured by the Western Regional
32-19    Examining Board;
32-20                (18)  a dentist whose license is in retired status or
32-21    who is licensed in another state and is attending a continuing
32-22    education clinical program offered at a dental or dental hygiene
32-23    school accredited by the Commission on Dental Accreditation of the
32-24    American Dental Association while attending the program; or
32-25                (19)  a dental hygienist whose dental hygienist license
32-26    is in  retired status or who is licensed in another state and is
 33-1    attending a continuing education clinical program offered at a
 33-2    dental or dental hygiene school accredited by the Commission on
 33-3    Dental Accreditation of the American Dental Association while
 33-4    attending the program if tasks are performed in strict conformity
 33-5    with the laws regulating the practice of dental hygiene, except
 33-6    that supervision may be provided by a dentist member of the
 33-7    program.
 33-8          SECTION 19.  Section 2, Chapter 475, Acts of the 52nd
 33-9    Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
33-10    Civil Statutes), is amended to read as follows:
33-11          Sec. 2.  QUALIFICATIONS.  Each applicant for a license to
33-12    practice [A] dental hygiene in this state [hygienist] shall be:
33-13                (1)  not less than eighteen (18) years of age;
33-14                (2)  of good moral character;
33-15                (3)  [and] a graduate of an accredited high school or
33-16    hold a certificate of high school equivalency (GED); and
33-17                (4)  [be]  a graduate of a recognized school or college
33-18    of dentistry or dental hygiene accredited by the Commission on
33-19    Dental Accreditation of the American Dental Association and
33-20    approved by the State Board of Dental Examiners that includes at
33-21    least two full academic years of instruction or its equivalent at
33-22    the postsecondary level.
33-23          SECTION 20.  Subsection (b), Section 3, Chapter 475, Acts of
33-24    the 52nd Legislature, Regular Session, 1951 (Article 4551e,
33-25    Vernon's Texas Civil Statutes), is amended to read as follows:
33-26          (b)  All work performed by a dental hygienist in the practice
 34-1    of dental hygiene, as defined in this Act, shall be performed in
 34-2    the dental office of the supervising dentist or dentists who are
 34-3    legally engaged in the practice of dentistry in this state[, by
 34-4    whom he or she must be employed,] or under the supervision of a
 34-5    supervising dentist in an alternate setting, including, but not
 34-6    limited to, a nursing home, [or] the patient's home, a school, a
 34-7    hospital, a state institution, a public health clinic, or another
 34-8    institution [provided that the hygienist is licensed to perform the
 34-9    delegated procedure and the supervising dentist examines the
34-10    patient during the 12 months preceding the performance of the
34-11    procedure by the dental hygienist or at the time the procedure is
34-12    performed, except where employed by schools, hospitals, state
34-13    institutions, public health clinics or other institutions that have
34-14    applied to and been approved by the Texas State Board of Dental
34-15    Examiners as a proper location for the performance of a dental
34-16    procedure].
34-17          SECTION 21.  Subsection (d), Section 4A, Chapter 475, Acts of
34-18    the 52nd Legislature, Regular Session, 1951 (Article 4551e,
34-19    Vernon's Texas Civil Statutes), is amended to read as follows:
34-20          (d)  A member of the advisory committee is entitled to the
34-21    compensatory per diem set by the General Appropriations Act for
34-22    each day that the member engages in committee business.  [Except
34-23    for transportation expenses, a member is not entitled to
34-24    reimbursement for travel expenses.]  A member may receive [is
34-25    entitled to] reimbursement for travel [transportation] expenses,
34-26    including expenses for meals and lodging [as provided by the
 35-1    General Appropriations Act].
 35-2          SECTION 22.  Section 5, Chapter 475, Acts of the 52nd
 35-3    Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
 35-4    Civil Statutes), is amended to read as follows:
 35-5          Sec. 5.  EXAMINATION.  (a)  It shall be the duty of the Board
 35-6    to provide for the examination of all qualified applicants for
 35-7    licensure as dental hygienists in this State.  All applicants for
 35-8    licensure [examination] shall pay an application [a] fee set by the
 35-9    Board to said Board as determined by said Board according to its
35-10    needs and shall apply upon forms furnished by the Board and shall
35-11    furnish such other information as the Board may in its discretion
35-12    require to determine any applicant's qualifications.  An applicant
35-13    must attach to the application proof that the applicant has
35-14    successfully completed a current course in cardiopulmonary
35-15    resuscitation given or approved by the American Heart Association
35-16    or American Red Cross before the date on which the applicant
35-17    submits the application or, in the event that the applicant is not
35-18    physically capable of successfully completing such training, a
35-19    written statement executed by either a licensed physician or an
35-20    instructor in cardiopulmonary resuscitation approved by the
35-21    American Heart Association or American Red Cross that describes
35-22    such physical incapacity.
35-23          (b)  The examination shall be taken by all applicants on such
35-24    subjects and operations pertaining to dentistry and dental hygiene
35-25    which shall include Dental Anatomy, Pharmacology, X-Ray, Ethics,
35-26    Jurisprudence, and Hygiene, and such other subjects as are
 36-1    regularly taught in reputable schools of dentistry and dental
 36-2    hygiene, as the Board in its discretion may require.
 36-3          (c)  The Board shall contract with an independent or regional
 36-4    testing service for any required clinical examination.
 36-5          (d)  In the event that the Board uses a regional testing
 36-6    service, the Board is authorized to contract for or otherwise use
 36-7    the services of licensed dental hygienists in this State for the
 36-8    purpose of providing assistance to the regional testing service.
 36-9          (e)  The Board shall have the written portion of the Board's
36-10    jurisprudence examination validated by an independent testing
36-11    professional.
36-12          (f)  The Board shall report such grades to the applicant
36-13    within a reasonable time after such examination.  If the Board
36-14    contracts with an independent or regional testing service, the
36-15    contract with the independent or regional testing service shall
36-16    provide for notification of results.  Each[, and each] applicant
36-17    who has satisfactorily passed all phases of the examination as
36-18    determined by the Board shall be entitled to and shall be issued a
36-19    license permitting such applicant to practice dental hygiene in the
36-20    State of Texas as is defined and regulated by the law of this
36-21    State.
36-22          (g) [(b)]  The Board by rule shall set the number of and
36-23    conditions for examination retakes.  The Board may require an
36-24    applicant who fails the examination to meet additional education
36-25    requirements set by the Board.
36-26          SECTION 23.  Subsection (b), Section 5A, Chapter 475, Acts of
 37-1    the 52nd Legislature, Regular Session, 1951 (Article 4551e,
 37-2    Vernon's Texas Civil Statutes), is amended to read as follows:
 37-3          (b)  The State Board of Dental Examiners by rule shall:
 37-4                (1)  require a licensee to complete at least 12 [36]
 37-5    hours of continuing education for [in] each annual registration
 37-6    [three-year] period as a prerequisite to renewal for a subsequent
 37-7    annual period [to maintain licensure];
 37-8                (2)  identify the key factors that lead to the
 37-9    competent performance of professional duties under this Act;
37-10                (3)  develop a process to evaluate and approve
37-11    continuing education courses; and
37-12                (4)  develop a process to assess a licensee's
37-13    participation and performance in continuing education courses that
37-14    will enable the Board to evaluate the overall effectiveness of the
37-15    program.
37-16          SECTION 24.  Section 4A, Chapter 475, Acts of the 52nd
37-17    Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
37-18    Civil Statutes), is amended by adding Subsection (e) to read as
37-19    follows:
37-20          (e)  The advisory committee is subject to Chapter 325,
37-21    Government Code (Texas Sunset Act).  Unless continued in existence
37-22    as provided by that chapter, the advisory committee is abolished
37-23    September 1, 2005.  An advisory committee is abolished on the date
37-24    set for abolition of the agency unless the advisory committee is
37-25    expressly continued by law as established by the legislature.
37-26          SECTION 25.  Subsections (c) and (d), Section (6), Article
 38-1    4551f, Revised Statutes, are amended to read as follows:
 38-2          (c)  If the owner or manager of a dental laboratory required
 38-3    to be registered under this section fails to renew the registration
 38-4    and pay the annual renewal fee before the expiration date as set by
 38-5    the Board, the Board shall suspend the registration certificate of
 38-6    that laboratory.  An owner or manager may renew an unexpired
 38-7    certificate by paying the required renewal fee to the Board on or
 38-8    before the expiration date.  If the certificate has been expired
 38-9    for not more than 90 days, the owner or manager may renew the
38-10    certificate by paying to the Board the required renewal fee and a
38-11    fee equal to one-half the renewal fee.  If the certificate has been
38-12    expired for more than 90 days but less than one year [two years],
38-13    the owner or manager may renew the certificate by paying to the
38-14    Board all unpaid renewal fees and a fee equal to the amount of the
38-15    initial registration fee.  If the certificate has been expired for
38-16    one year [two years] or longer, the owner or manager may not renew
38-17    the certificate.  To reinstate the certificate, the owner or
38-18    manager must comply with the requirements for obtaining an original
38-19    certificate.
38-20          (d)  The owner of a dental laboratory registered with the
38-21    Board on September 1, 1987, is not required to submit proof that
38-22    the laboratory has at least one certified dental technician
38-23    employed by and working on the premises of the laboratory if:
38-24                (1)  the registration of the laboratory has been
38-25    renewed each year [continuous] since that date and all registration
38-26    fees have been paid;
 39-1                (2)  the beneficial ownership of at least 51 percent of
 39-2    the laboratory has not been transferred; and
 39-3                (3)  the owner is employed on the premises of the
 39-4    laboratory not less than 30 hours each week.
 39-5          SECTION 26.  Article 4551j, Revised Statutes, is amended to
 39-6    read as follows:
 39-7          Art. 4551j.  CIVIL IMMUNITY, OFFICIAL ACTS.  In the absence
 39-8    of fraud, conspiracy, or malice, no member of the Texas State Board
 39-9    of Dental Examiners, its employees, part-time employees, or persons
39-10    who contract with the board, nor any witness called to testify by
39-11    said board, nor any consultant or hearing officer appointed by said
39-12    board shall be liable or subject to suit or suits for damages for
39-13    alleged injury, wrong, loss, or damage allegedly caused by any of
39-14    said persons for any investigation, report, recommendation,
39-15    statement, evaluation, finding, order, or award made in the course
39-16    of any of said persons performing assigned, designated, official,
39-17    or statutory duties.  This immunity is enacted to relieve and
39-18    protect the persons named from being harassed and threatened with
39-19    legal action while attempting to perform official duties.
39-20          SECTION 27.  Section 2, Article 4544a, Revised Statutes, is
39-21    repealed.
39-22          SECTION 28.  Subsection (b), Section 5, Article 4544, Revised
39-23    Statutes, Subsection (b), Section 5A, Chapter 475, Acts of the 52nd
39-24    Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
39-25    Civil Statutes), and Subsection (c), Section (6), Article 4551f,
39-26    Revised Statutes, as amended by this Act, apply only to licenses
 40-1    and registrations that expire after the effective date of this Act.
 40-2    Licenses and registrations in effect the day before the effective
 40-3    date of this Act continue to be valid and expire according to their
 40-4    own terms.
 40-5          SECTION 29.  (a)  This Act takes effect September 1, 1999.
 40-6          (b)  The changes in law made by this Act apply only to a suit
 40-7    or proceeding commenced on or after the effective date of this Act.
 40-8    A suit or proceeding that is commenced before the effective date of
 40-9    this Act is governed by the law applicable to the suit or
40-10    proceeding immediately before the effective date of this Act, and
40-11    that law is continued in effect for that purpose.
40-12          SECTION 30.  The importance of this legislation and the
40-13    crowded condition of the calendars in both houses create an
40-14    emergency and an imperative public necessity that the
40-15    constitutional rule requiring bills to be read on three several
40-16    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 964 passed the Senate on
         April 15, 1999, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 27, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 964 passed the House, with
         amendment, on May 22, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor