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