76R15203 E
By Lucio, et al. S.B. No. 964
Substitute the following for S.B. No. 964:
By Gray C.S.S.B. No. 964
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of dentists and dental hygienists.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (a) and (b), Section 3, Article
1-5 4543a, Revised Statutes, are amended to read as follows:
1-6 (a) An officer, employee, or paid consultant of a Texas
1-7 trade association in the field of health care may not be a member
1-8 or employee of the Board who is exempt from the state's position
1-9 classification plan or is compensated at or above the amount
1-10 prescribed by the General Appropriations Act for B9 [step 1, salary
1-11 group 17,] of the position classification salary schedule.
1-12 (b) A person who is the spouse of an officer, manager, or
1-13 paid consultant of a Texas trade association in the field of health
1-14 care may not be a Board member and may not be a Board employee who
1-15 is exempt from the state's position classification plan or is
1-16 compensated at or above the amount prescribed by the General
1-17 Appropriations Act for B9 [step 1, salary group 17,] of the
1-18 position classification salary schedule.
1-19 SECTION 2. Article 4544, Revised Statutes, is amended to
1-20 read as follows:
1-21 Art. 4544. EXAMINATION FOR LICENSE TO PRACTICE DENTISTRY
1-22 Sec. 1. (a) It shall be the duty of the Board to provide
1-23 for the examination of all applicants for license to practice
1-24 dentistry in this State. Each person applying for a license [an
2-1 examination] shall pay to said Board an application [a] fee set by
2-2 the Board and shall be granted a license to practice dentistry in
2-3 this State upon his satisfactorily passing an examination provided
2-4 for by said Board on subjects and operations pertaining to
2-5 dentistry which shall include Anatomy, Physiology, Anaesthesia,
2-6 Biochemistry, Dental Materials, Diagnosis, Treatment Planning,
2-7 Ethics, Jurisprudence, Hygiene, Pharmacology, Operative Dentistry,
2-8 Oral Surgery, Orthodontia, Periodontia, Prosthetic Dentistry,
2-9 Pathology, Microbiology, and such other subjects as are regularly
2-10 taught in reputable Dental Schools as the Board may in its
2-11 discretion require.
2-12 (b) The Board shall contract with an independent or regional
2-13 testing service for any required clinical examination.
2-14 (c) In the event that the Board uses a regional testing
2-15 service, the Board is authorized to contract for or otherwise use
2-16 the services of licensed dentists in this state for the purpose of
2-17 providing assistance to the regional testing service.
2-18 (d) The Board shall have the written portion of the Board's
2-19 jurisprudence examination validated by an independent testing
2-20 professional.
2-21 (e) [(b)] The Board by rule shall set the number of and
2-22 conditions for examination retakes. The Board may require an
2-23 applicant who fails the examination to meet additional education
2-24 requirements set by the Board.
2-25 Sec. 2. (a) [The Texas State Board of Dental Examiners may
2-26 provide in its rules and regulations the procedures, fees, and
2-27 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.
3-27 Sec. 4. [Sec. 5.] (a) The Board shall develop a mandatory
4-1 continuing education program.
4-2 (b) The Board by rule shall:
4-3 (1) require a licensee to complete at least 12 [36]
4-4 hours of continuing education for [in] each annual registration
4-5 [three-year] period as a prerequisite to renewal for a subsequent
4-6 annual period [to maintain licensure];
4-7 (2) identify the key factors that lead to the
4-8 competent performance of professional duties under this Act;
4-9 (3) develop a process to evaluate and approve
4-10 continuing education courses; and
4-11 (4) develop a process to assess a licensee's
4-12 participation and performance in continuing education courses that
4-13 will enable the Board to evaluate the overall effectiveness of the
4-14 program.
4-15 (c) The Board is authorized to assess the continuing
4-16 education needs of licensees and may require licensees to attend
4-17 continuing education courses specified by the Board.
4-18 SECTION 3. Article 4545, Revised Statutes, is amended to
4-19 read as follows:
4-20 Art. 4545. QUALIFICATIONS OF APPLICANTS. Each applicant for
4-21 a license to practice dentistry in this state shall be not less
4-22 than twenty-one (21) years of age and [shall present evidence] of
4-23 good moral character and shall present:
4-24 (1) proof of graduation from a dental school
4-25 accredited by the Commission on Dental Accreditation of the
4-26 American Dental Association; or
4-27 (2) proof of:
5-1 (A) graduation from a dental school that is not
5-2 accredited by the Commission on Dental Accreditation of the
5-3 American Dental Association; and
5-4 (B) successful completion of training in an
5-5 American Dental Association approved specialty in an education
5-6 program that is accredited by the Commission on Dental
5-7 Accreditation and that consists of at least two years of training
5-8 as specified by the Council on Dental Education.
5-9 SECTION 4. Subsection (a), Section 1, Article 4545a, Revised
5-10 Statutes, is amended to read as follows:
5-11 (a) The State Board of Dental Examiners, upon payment by the
5-12 applicant of a fee set by the Board, shall grant a license to
5-13 practice dentistry to any reputable dentist or a license to
5-14 practice dental hygiene to any reputable [dentist or] dental
5-15 hygienist who:
5-16 (1) is licensed in good standing as a dentist or
5-17 dental hygienist in another state, the District of Columbia, or a
5-18 territory of the United States that has licensing requirements that
5-19 are substantially equivalent to the requirements of this Act;
5-20 (2) has not been the subject of final or pending
5-21 disciplinary action in any jurisdiction in which the dentist or
5-22 dental hygienist is or has been licensed;
5-23 (3) has graduated from a dental or dental hygiene
5-24 school accredited by the Commission on Dental Accreditation of the
5-25 American Dental Association and approved by the Board according to
5-26 rules established by the Board;
5-27 (4) has passed a national or other examination
6-1 recognized by the Board relating to dentistry or dental hygiene;
6-2 (5) has successfully completed the Board's
6-3 jurisprudence examination;
6-4 (6) has submitted documentation of current
6-5 cardiopulmonary resuscitation certification;
6-6 (7) has practiced dentistry or dental hygiene:
6-7 (A) for a minimum of five years immediately
6-8 prior to applying; or
6-9 (B) as a dental educator at a dental school or
6-10 dental hygiene school accredited by the Commission on Dental
6-11 Accreditation of the American Dental Association for the five years
6-12 immediately preceding the date of applying for the license; and
6-13 (8) has met any additional criteria established by
6-14 Board rule.
6-15 SECTION 5. Article 4547a, Revised Statutes, is amended to
6-16 read as follows:
6-17 Art. 4547a. AID TO THE BOARD. The Texas State Board of
6-18 Dental Examiners shall have power and authority to appoint such
6-19 committees, clerks, advisors, consultants, dentists, hygienists,
6-20 and/or examiners to aid the board to carry out its duties as it
6-21 deems necessary and advisable and may reimburse said persons so
6-22 appointed in such amounts as is reasonable and in conformity with
6-23 the provisions of the general appropriations bill as enacted by the
6-24 Texas Legislature.
6-25 SECTION 6. Article 4548d, Revised Statutes, is amended to
6-26 read as follows:
6-27 Art. 4548d. SHALL EXHIBIT ANNUAL REGISTRATION CERTIFICATE
7-1 [LICENSE]. Any person authorized to practice dentistry or dental
7-2 hygiene [surgery] in this State either under this or any former law
7-3 of Texas, shall place the person's current registration certificate
7-4 [his license] on exhibition in each [his] office where said dentist
7-5 or dental hygienist provides dental services. When a dentist or
7-6 dental hygienist provides dental services at more than one
7-7 location, the person may display a duplicate of the original
7-8 registration certificate obtained from the State Board of Dental
7-9 Examiners for a duplicate certificate fee set by the Board [license
7-10 shall be in plain view of patients]. No such person shall do any
7-11 operation in the mouth of a patient, or treat any lesions of the
7-12 mouth or teeth, without having said registration certificate
7-13 [license] so exhibited.
7-14 SECTION 7. Article 4548e, Revised Statutes, is amended to
7-15 read as follows:
7-16 Art. 4548e. USE OF TRADE NAME. Any person, corporation,
7-17 company, or association may use a corporation, company,
7-18 association, or trade name, provided that each patient shall be
7-19 given the name of the treating dentist in writing, either prior to
7-20 or after each office visit. Any advertisement by the corporation,
7-21 company, association, or trade name must include prominently the
7-22 name of at least one dentist practicing under such name. The
7-23 person, corporation, company, or association shall file with the
7-24 State Board of Dental Examiners a list of all dentists who practice
7-25 under the name and a list of each trade name used if the trade name
7-26 is different from the corporation, company, or association name. A
7-27 list required under this section must be updated and filed with the
8-1 Board not later than the 30th day after the date of the change.
8-2 Each day of violation of this Article shall constitute a separate
8-3 offense.
8-4 SECTION 8. Article 4548g, Revised Statutes, is amended to
8-5 read as follows:
8-6 Art. 4548g. UNPROFESSIONAL CONDUCT. It shall be unlawful
8-7 for any person, firm, or corporation to engage in or be guilty of
8-8 any unprofessional conduct pertaining to dentistry directly or
8-9 indirectly. Any unprofessional conduct, as used herein, means and
8-10 includes any one or more of the following acts:
8-11 (1) obtaining or attempting to collect any fee by
8-12 fraud or misrepresentation;
8-13 (2) soliciting dental business by means of oral
8-14 [verbal] communication, in person or otherwise, directed to an
8-15 individual or group of less than five individuals, which is
8-16 primarily for the purpose of attracting the patronage of such
8-17 individual or group to a particular practice of dentistry;
8-18 (3) employing, directly or indirectly, or permitting
8-19 any unlicensed person to perform dental services upon any person,
8-20 except as otherwise authorized by law or the rules and regulations
8-21 of the State Board of Dental Examiners;
8-22 (4) claiming or circulating any statement of
8-23 professional superiority or the performance of professional
8-24 services in a superior manner;
8-25 (5) forging, altering, or changing any diploma,
8-26 license, registration certificate, transcript, or any other legal
8-27 document pertaining to the practice of dentistry, being a party
9-1 thereto or beneficiary thereof, or making any false statement about
9-2 or in securing such document, or being guilty of misusing the same;
9-3 (6) accepting employment as a dentist under any
9-4 referral scheme which is false, misleading, or deceptive;
9-5 (7) advertising to perform any dental work without
9-6 pain or discomfort to the patient; or
9-7 (8) advertising predictions of future satisfaction or
9-8 success of any dental service.
9-9 SECTION 9. Article 4549, Revised Statutes, is amended to
9-10 read as follows:
9-11 Art. 4549. REFUSAL TO [EXAMINE OR] ISSUE LICENSE; JUDICIAL
9-12 SUSPENSIONS AND REVOCATIONS
9-13 Sec. 1. The State Board of Dental Examiners shall have
9-14 authority to refuse to issue a license by examination to a dental
9-15 or dental hygiene applicant [examine any person or refuse to issue
9-16 a dental license or a dental hygienist license to any person] for
9-17 any one or more of the following causes:
9-18 (a) Proof of presentation to the Board of any
9-19 dishonest or fake evidence of qualification, or being guilty of any
9-20 illegality, fraud, or deception in the process of examination, or
9-21 for the purpose of securing a license or certificate.
9-22 (b) Proof of chronic or habitual intoxication or
9-23 addiction to drugs on the part of the applicant.
9-24 (c) Proof that the applicant has been guilty of
9-25 dishonest or illegal practices in or connected with the practice of
9-26 dentistry or dental hygiene.
9-27 (d) Proof of conviction of the applicant of a felony
10-1 under the laws of this State or any other State or of the United
10-2 States.
10-3 (e) Proof that the applicant violated any of the
10-4 provisions of the statutes of the State of Texas relating to the
10-5 practice of dentistry or any provisions of Chapter 9, Title 71,
10-6 Revised Statutes, within 12 months before the filing of an
10-7 application for the license.
10-8 Sec. 2. The State Board of Dental Examiners shall have
10-9 jurisdiction and authority, after notice and hearing, to suspend or
10-10 revoke a dental license or a dental hygienist license, to impose a
10-11 fine on a person licensed under this chapter, to place on probation
10-12 with conditions a person whose license or certificate is suspended,
10-13 or to reprimand a licensee or certificate holder, and in addition
10-14 to or in lieu of said suspension, revocation, probation, or
10-15 reprimand, to assess an administrative penalty as provided for in
10-16 Article 4548j, Revised Statutes, for any one or more of the
10-17 following causes:
10-18 (a) Proof of insanity of the holder of a license or
10-19 certificate, as adjudged by the regularly constituted authorities.
10-20 (b) Proof of conviction of the holder of a license or
10-21 certificate of a misdemeanor involving fraud or any felony [or a
10-22 misdemeanor involving fraud] under the laws of this State or any
10-23 other State or of the United States.
10-24 (c) That the holder [thereof has been or] is guilty of
10-25 dishonorable conduct[, malpractice, gross incompetency,] or failure
10-26 to treat a patient according to the standard of care in the
10-27 practice of dentistry or dental hygiene.
11-1 (d) That the holder thereof has been or is guilty of
11-2 any deception or misrepresentation for the purpose of soliciting or
11-3 obtaining patronage.
11-4 (e) That the holder thereof procured a license or
11-5 certificate through fraud or misrepresentation.
11-6 (f) That the holder thereof is addicted to or is
11-7 habitually intemperate in [habitual intoxication or] the use of
11-8 alcoholic beverages or drugs or has improperly obtained, possessed,
11-9 used, or distributed habit-forming drugs or narcotics.
11-10 (g) That a dentist employs or permits or has employed
11-11 or permitted persons to practice dentistry in the office or offices
11-12 under his control or management, who were not licensed to practice
11-13 dentistry.
11-14 (h) That the holder thereof has failed to use proper
11-15 diligence in the conduct of his practice or to safeguard his
11-16 patients against avoidable infections.
11-17 (i) That the holder thereof has failed or refused to
11-18 comply with any State law relating to the regulation of dentists or
11-19 dental hygienists.
11-20 (j) That the holder thereof has failed or refused to
11-21 comply with the adopted and promulgated rules and regulations of
11-22 the Board.
11-23 (k) That the holder thereof is physically or mentally
11-24 incapable of practicing with safety to dental patients.
11-25 (l) That the holder thereof has been negligent in the
11-26 performance of dental services which injured or damaged dental
11-27 patients.
12-1 (m) Proof of suspension, revocation, probation,
12-2 reprimand, or other restriction by another State of a license or
12-3 certificate to practice dentistry or dental hygiene based upon acts
12-4 by the licensee or certificate holder enumerated in this section.
12-5 (n) That the holder thereof has knowingly provided or
12-6 agreed to provide dental care in a manner which violates any
12-7 provision of federal or State law regulating a plan whereby any
12-8 person undertakes to provide, arrange for, pay for, or reimburse
12-9 any part of the cost of any dental care services or regulating the
12-10 business of insurance.
12-11 Sec. 3. (a) If the Board proposes to refuse to issue a
12-12 license by examination to a dental or dental hygiene applicant or
12-13 [examine a person,] to suspend or revoke a license, to impose a
12-14 fine, to place on probation a person whose license has been
12-15 suspended, or to reprimand a license holder, the person is entitled
12-16 to a hearing under Chapter 2001, Government Code.
12-17 (b) The hearing under this section and an appeal from the
12-18 hearing under this section are governed by Chapter 2001, Government
12-19 Code (Administrative Procedure Act).
12-20 SECTION 10. Article 4549-1.1, Revised Statutes, is amended
12-21 to read as follows:
12-22 Art. 4549-1.1. SUBPOENA POWER. The State Board of Dental
12-23 Examiners may request and, if necessary, compel by subpoena the
12-24 attendance of witnesses for examination under oath and the
12-25 production for inspection and copying of books, accounts, records,
12-26 papers, correspondence, documents, and other evidence relevant to
12-27 the investigation of alleged violations of the provisions of the
13-1 statutes of the State of Texas relating to the practice of
13-2 dentistry or any provisions of this chapter. If a person fails to
13-3 comply with a subpoena issued under this article, the board, acting
13-4 through the attorney general, may file suit to enforce the subpoena
13-5 in a district court in Travis County [or in the county in which a
13-6 hearing conducted by the board may be held]. The court, if it
13-7 determines that good cause exists for the issuance of the subpoena,
13-8 shall order compliance with the requirements of the subpoena.
13-9 Failure to obey the order of the court may be punished by the court
13-10 as contempt.
13-11 SECTION 11. Article 4549-2, Revised Statutes, is amended to
13-12 read as follows:
13-13 Art. 4549-2. DENTAL PRIVILEGE; RECORDS OF THE DENTIST
13-14 Sec. 1. DEFINITIONS. In this article:
13-15 (1) "Board" means the State Board of Dental Examiners.
13-16 (2) "Dental record" means dental information about a
13-17 patient:
13-18 (A) created or maintained by a dentist; and
13-19 (B) relating to the history or treatment of the
13-20 patient.
13-21 (3) "Dentist" means a person licensed to practice
13-22 dentistry.
13-23 (4) "Patient" means a person who consults with a
13-24 dentist to receive dental care.
13-25 (5) "Privilege" means the confidentiality privilege
13-26 created by this article.
13-27 Sec. 2. SCOPE OF PRIVILEGE. (a) The following information
14-1 is privileged and may not be disclosed except as provided by this
14-2 article:
14-3 (1) a communication between a dentist and a patient
14-4 that relates to a professional service provided by the dentist; and
14-5 (2) a dental record.
14-6 (b) The privilege described by this section applies
14-7 regardless of when the patient received the professional service
14-8 from the dentist.
14-9 Sec. 3. HOLDER OF PRIVILEGE. (a) The patient is the holder
14-10 of the privilege.
14-11 (b) The following persons may claim the privilege on the
14-12 patient's behalf:
14-13 (1) a person authorized to act on the patient's
14-14 behalf;
14-15 (2) a dentist acting on the patient's behalf; and
14-16 (3) the agent or employee of a person listed in
14-17 Subdivision (1) or (2) of this subsection.
14-18 (c) A person's authority to claim the privilege is presumed
14-19 in the absence of evidence to the contrary.
14-20 Sec. 4. CONSENT TO DISCLOSURE OF PRIVILEGED INFORMATION.
14-21 (a) A person may disclose privileged information if the patient
14-22 consents to the disclosure as provided in this section.
14-23 (b) Consent for the release of privileged information must
14-24 be in writing and signed by:
14-25 (1) the patient;
14-26 (2) a parent or legal guardian of the patient if the
14-27 patient is a minor;
15-1 (3) a legal guardian of the patient if the patient has
15-2 been adjudicated incompetent to manage the patient's personal
15-3 affairs;
15-4 (4) an attorney ad litem appointed for the patient, as
15-5 authorized by:
15-6 (A) Chapter 107, Family Code;
15-7 (B) Subtitle B, Title 6, Health and Safety Code;
15-8 (C) Subtitle C, Title 7, Health and Safety Code;
15-9 (D) Subtitle D, Title 7, Health and Safety Code;
15-10 (E) Subtitle E, Title 7, Health and Safety Code;
15-11 (F) Chapter V, Texas Probate Code; or
15-12 (G) any other law; or
15-13 (5) a personal representative of the patient if the
15-14 patient is deceased.
15-15 (c) The consent required under this section must specify:
15-16 (1) the information covered by the release;
15-17 (2) the person to whom the information is to be
15-18 released; and
15-19 (3) the purpose for the release.
15-20 (d) A person may withdraw consent granted under this section
15-21 by notifying in writing the person who maintains the information.
15-22 Withdrawal of consent does not affect information disclosed before
15-23 the written notice of the withdrawal was delivered.
15-24 Sec. 5. EXCEPTION TO PRIVILEGE FOR CERTAIN PROCEEDINGS. (a)
15-25 The privilege does not apply in a court or administrative
15-26 proceeding if the proceeding is:
15-27 (1) brought by the patient against a dentist,
16-1 including a malpractice, criminal, or license revocation
16-2 proceeding, if the disclosure is relevant to a claim or defense of
16-3 the dentist; or
16-4 (2) to collect on a claim for dental services rendered
16-5 to the patient.
16-6 (b) The privilege does not apply to the disclosure of a
16-7 dental record:
16-8 (1) to the board in a disciplinary investigation or
16-9 proceeding against a dentist conducted under the Dental Practice
16-10 Act (Chapter 9, Title 71, Revised Statutes); or
16-11 (2) in a criminal investigation or proceeding against
16-12 a dentist in which the board is participating or assisting by
16-13 providing a record obtained from the dentist.
16-14 (c) The board may not reveal the identity of a patient whose
16-15 dental record is disclosed under Subsection (b) of this section.
16-16 (d) Privileged information is discoverable in a criminal
16-17 prosecution if:
16-18 (1) the patient is a victim, witness, or defendant;
16-19 and
16-20 (2) the court in which the prosecution is pending
16-21 rules, after an in camera review, that the information is relevant
16-22 for discovery purposes.
16-23 (e) Privileged information is admissible in a criminal
16-24 prosecution if:
16-25 (1) the patient is a victim, witness, or defendant;
16-26 and
16-27 (2) the court in which the prosecution is pending
17-1 rules, after an in camera review, that the information is relevant.
17-2 Sec. 6. EXCEPTION TO PRIVILEGE FOR CERTAIN DISCLOSURES BY
17-3 DENTIST. (a) The privilege does not apply to the disclosure of
17-4 information by a dentist to:
17-5 (1) a governmental agency, if:
17-6 (A) the disclosure is required by another law;
17-7 and
17-8 (B) the agency agrees to keep confidential the
17-9 identity of a patient whose dental record is disclosed;
17-10 (2) medical or law enforcement personnel, if the
17-11 dentist determines that it is more likely than not that the
17-12 following will occur:
17-13 (A) imminent physical injury to the patient, the
17-14 dentist, or others; or
17-15 (B) immediate mental or emotional injury to the
17-16 patient;
17-17 (3) a person in relation to a management or financial
17-18 audit, program evaluation, or research, if the person agrees to
17-19 keep confidential the identity of a patient whose dental record is
17-20 disclosed;
17-21 (4) a person involved in the payment or collection of
17-22 fees for services rendered by a dentist, if necessary; or
17-23 (5) another dentist, or other person under the
17-24 direction of the dentist, who participates in the diagnosis,
17-25 evaluation, or treatment of the patient.
17-26 (b) A person who receives information under Subsection
17-27 (a)(3) of this section may not disclose a patient's identity in
18-1 writing.
18-2 (c) A record reflecting a charge or specific service
18-3 provided may be disclosed only when necessary in the collection of
18-4 fees for a service provided by a dentist, professional association,
18-5 or other entity qualified to provide or arrange for a service.
18-6 Sec. 7. EXCEPTION TO PRIVILEGE FOR CERTAIN LEGISLATIVE
18-7 INQUIRIES. A state hospital or state school may disclose a dental
18-8 record if:
18-9 (1) the state hospital or state school created the
18-10 record;
18-11 (2) an inquiry authorized by the legislature requests
18-12 the information; and
18-13 (3) the entity receiving the record agrees not to
18-14 disclose a patient's identity.
18-15 Sec. 8. LIMIT ON DISCLOSURE. A person who receives
18-16 privileged information may disclose the information to another
18-17 person only to the extent consistent with the purpose for which the
18-18 information was obtained.
18-19 Sec. 9. REQUEST FOR DENTAL RECORD: TIMING; EXCEPTION. (a)
18-20 If disclosure of a dental record is authorized under this article,
18-21 a dentist shall disclose the dental record within a reasonable
18-22 period after it is requested but not be later than:
18-23 (1) the 30th day after the date on which it is
18-24 requested from the dentist; or
18-25 (2) a date ordered by a court.
18-26 (b) A dentist may refuse to disclose the requested record if
18-27 the dentist determines that providing the information would be
19-1 harmful to the physical, mental, or emotional health of the
19-2 patient. If the dentist determines that disclosing the record
19-3 would be harmful, the dentist shall notify the person requesting
19-4 the record and explain why the information would be harmful. The
19-5 person requesting the record may challenge in court the dentist's
19-6 refusal to disclose the record. If the court determines that the
19-7 dentist made the refusal in bad faith, the court may order the
19-8 disclosure of the record and award costs and attorney's fees
19-9 incurred by the person to obtain the information.
19-10 (c) In disclosing a dental record under this section, a
19-11 dentist shall redact privileged information about another person.
19-12 (d) A dentist may charge a reasonable fee for providing a
19-13 dental record under this section. For purposes of this subsection,
19-14 a fee established under Section 241.154, Health and Safety Code,
19-15 is a reasonable fee.
19-16 Sec. 10. TRANSFER OF DENTAL RECORDS. Records of the
19-17 diagnosis made and the treatment performed for and on a dental
19-18 patient shall be the property of the dentist who performs the
19-19 dental service and may not be sold, pledged as collateral, or
19-20 otherwise transferred to any person other than the patient unless
19-21 [the other person is a dentist licensed by the Board and] the
19-22 transfer is made in compliance with this article and rules relating
19-23 to the transfer of records as may be adopted by the Board. Nothing
19-24 herein shall prevent the voluntary submission of records to
19-25 insurance companies for the purpose of determining benefits when
19-26 consent for the disclosure has been granted under Section 4 of this
19-27 article.
20-1 SECTION 12. Article 4550, Revised Statutes, is amended to
20-2 read as follows:
20-3 Art. 4550. RECORDS OF THE BOARD
20-4 Sec. 1. The Board shall keep records in which shall be
20-5 registered the name and permanent address [residence] and place of
20-6 business of all persons authorized under this law to practice
20-7 dentistry, dental hygiene and such other professions or businesses
20-8 under its jurisdiction as provided by law. Each dentist, dental
20-9 hygienist, dental laboratory, and dental technician registered with
20-10 the Board shall timely notify the Board in writing of:
20-11 (1) any change of address of the place of business of
20-12 such dentist, hygienist, laboratory, or technician; and
20-13 (2) any change of employers by such dentist,
20-14 hygienist, laboratory, or technician, and any change of owners of
20-15 the laboratory.
20-16 The Board is timely notified if it receives the notice within
20-17 60 days after the date the change occurs.
20-18 Sec. 2. All of the records and files of the State Board of
20-19 Dental Examiners shall be public records and open to inspection at
20-20 reasonable times, except the investigation files and records which
20-21 shall be confidential and shall be divulged only to persons so
20-22 investigated upon completion of said investigation. It is not a
20-23 violation of this section for the Board to share investigation
20-24 files and records with another state regulatory agency or a local,
20-25 state, or federal law enforcement agency [during the course of a
20-26 joint investigation or in determining the feasibility of conducting
20-27 an investigation].
21-1 SECTION 13. Section 1, Article 4550a, Revised Statutes, is
21-2 amended to read as follows:
21-3 Sec. 1. It shall be the duty of all persons holding a dental
21-4 license or dental hygienist license issued by the State Board of
21-5 Dental Examiners to annually apply and to be registered as such
21-6 practitioners with the State Board of Dental Examiners on or before
21-7 the expiration date of the license [March 1st of each calendar
21-8 year]. Each person so registering shall pay in connection with
21-9 such annual registration for the receipt hereinafter provided for,
21-10 a fee as determined by said Board according to the needs of said
21-11 Board, such payment to be made by each person to such Board, and
21-12 every person so registering shall file with said Board a written
21-13 application setting forth such facts as the Board may require. A
21-14 person holding a dental or dental hygienist license must attach to
21-15 the application proof that the applicant has successfully completed
21-16 a current course [of current certification] in cardiopulmonary
21-17 resuscitation given or approved by the American Heart Association
21-18 or American Red Cross or, in the event that the applicant [person]
21-19 is not physically capable of successfully completing such training,
21-20 a written statement executed by either a licensed physician or an
21-21 instructor in cardiopulmonary resuscitation approved by the
21-22 American Heart Association or American Red Cross that describes
21-23 such physical incapacity. In lieu of this requirement for
21-24 completion of a current course in [annual] cardiopulmonary
21-25 resuscitation [certification], a dentist or dental hygienist
21-26 licensed by the State Board of Dental Examiners and residing in a
21-27 country other than the United States may satisfy this requirement
22-1 by submitting proof of residence upon the annual date of renewal.
22-2 Upon receipt of such applications, accompanied by such fees, said
22-3 Board, after ascertaining either from its records or other sources
22-4 deemed by it to be reliable that the applicant holds a valid
22-5 license or certificate to practice in this State, shall issue to
22-6 the applicant an annual registration certificate or receipt
22-7 certifying that he has filed such application and has paid the
22-8 required fee; provided that the filing of such application, the
22-9 payment of such fee, and the issuance of such receipt therefor
22-10 shall not entitle the holder thereof to lawfully practice within
22-11 the State of Texas unless he in fact holds a license or certificate
22-12 as such practitioner issued by the State Board of Dental Examiners,
22-13 as provided by this law, and unless said license or certificate is
22-14 in full force and effect; and provided further, that in any
22-15 prosecution for unlawful practice such receipt showing payment of
22-16 the annual registration fee required by this chapter shall not be
22-17 treated as evidence that the holder thereof is lawfully entitled to
22-18 practice.
22-19 SECTION 14. Subsections (c), (d), (e), and (h), Section 2,
22-20 Article 4550a, Revised Statutes, are amended to read as follows:
22-21 (c) If a person's license or certificate has been expired
22-22 for not longer than ninety (90) days, the person may renew it by
22-23 paying to the Board the required renewal fee and a fee that is
22-24 one-half of the application [examination] fee for the license or
22-25 certificate.
22-26 (d) If a person's license or certificate has been expired
22-27 for longer than ninety (90) days but less than one year, the person
23-1 may renew it by paying to the Board all unpaid renewal fees and a
23-2 fee that is equal to the application [examination] fee for the
23-3 license or certificate.
23-4 (e) If a person's license or certificate has been expired
23-5 for one year or longer, the person may not renew it[, except as
23-6 provided by Section 2A of this article]. The person may obtain a
23-7 new license or certificate by submitting to reexamination and
23-8 complying with the requirements and procedures for obtaining an
23-9 original license or certificate. However, the Board may adopt
23-10 rules providing for renewal without reexamination of an expired
23-11 license of a person who was licensed in this state, moved to
23-12 another state, and is currently licensed and has been in practice
23-13 in the other state for the two years preceding application. The
23-14 person must pay to the Board a fee that is equal to the examination
23-15 fee for the license.
23-16 (h) The Board by rule may adopt a system under which
23-17 licenses expire on various dates during the year. [For the year in
23-18 which the license expiration date is changed, license fees payable
23-19 on March 1 shall be prorated on a monthly basis so that each
23-20 licensee shall pay only that portion of the license fee that is
23-21 allocable to the number of months during which the license is
23-22 valid. On renewal of the license on the new expiration date, the
23-23 total license renewal fee is payable.]
23-24 SECTION 15. Subsection (i), Section 4, Article 4550a,
23-25 Revised Statutes, is amended to read as follows:
23-26 (i) The Board shall develop and implement policies that
23-27 provide the public with a reasonable opportunity to appear before
24-1 the Board and to speak on any issue under the jurisdiction of the
24-2 Board, except to the extent that that communication would be ex
24-3 parte under any provision of law.
24-4 SECTION 16. Subsection (a), Article 4550c, Revised Statutes,
24-5 is amended to read as follows:
24-6 (a) Each dental application [examination] fee and dentist
24-7 annual renewal fee imposed by or under Subsection (b), Article
24-8 4551, Revised Statutes, is increased by $200.
24-9 SECTION 17. Article 4551a, Revised Statutes, is amended to
24-10 read as follows:
24-11 Art. 4551a. PERSONS REGARDED AS PRACTICING DENTISTRY. Any
24-12 person shall be regarded as practicing dentistry within the meaning
24-13 of this Chapter:
24-14 (1) Who publicly professes to be a dentist or dental
24-15 surgeon or who uses or permits to be used for himself or for any
24-16 other person, the title of "Doctor," "Dr.," "Doctor of Dental
24-17 Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," or any
24-18 other letters, titles, terms or descriptive matter, including use
24-19 of the terms "denturist" or "denturism," which directly or
24-20 indirectly represents him as being able to diagnose, treat, remove
24-21 stains or concretions from teeth, provide surgical and adjunctive
24-22 treatment for any disease, pain, injury, deficiency, deformity or
24-23 physical condition of the human teeth, oral cavity, alveolar
24-24 process, gums, jaws or directly related and adjacent masticatory
24-25 structures.
24-26 (2) Who shall offer or undertake by any means or
24-27 methods whatsoever, to clean teeth or to remove stains, concretions
25-1 or deposits from teeth in the human mouth, or who shall undertake
25-2 or offer to diagnose, treat, operate, or prescribe by any means or
25-3 methods for any disease, pain, injury, deficiency, deformity, or
25-4 physical condition of the human teeth, oral cavity, alveolar
25-5 process, gums, or jaws.
25-6 (3) Any person who shall offer or undertake in any
25-7 manner to prescribe or make, or cause to be made, an impression of
25-8 any portion of the human mouth, teeth, gums, or jaws, for the
25-9 purpose of diagnosing, prescribing, treating, or aiding in the
25-10 diagnosing, prescribing or treating, any physical condition of the
25-11 human mouth, teeth, gums or jaws, or for the purpose of
25-12 constructing or aiding in the construction of any dental appliance,
25-13 denture, dental bridge, false teeth, dental plate or plates of
25-14 false teeth, or any other substitute for human teeth.
25-15 (4) Any one who owns, maintains, or operates any
25-16 office or place of business where he employs or engages, under any
25-17 kind of contract whatsoever, any other person or persons to
25-18 practice dentistry as above defined shall be deemed to be
25-19 practicing dentistry himself and shall himself be required to be
25-20 duly licensed to practice dentistry as hereinabove defined, and
25-21 shall be subject to all of the other provisions of this Chapter,
25-22 even though the person or persons so employed or engaged by him
25-23 shall be duly licensed to practice dentistry as hereinabove
25-24 defined, unless otherwise provided by law.
25-25 (5) Any person, firm, group, association, or
25-26 corporation who shall offer or undertake to fit, adjust, repair, or
25-27 substitute in the human mouth or directly related and adjacent
26-1 masticatory structures any dental appliance, structure, prosthesis,
26-2 or denture, or who shall aid or cause to be fitted, adjusted,
26-3 repaired, or substituted in the human mouth or directly related and
26-4 adjacent masticatory structures any dental appliance, structure,
26-5 prosthesis, or denture.
26-6 (6) Who makes, fabricates, processes, constructs,
26-7 produces, reproduces, duplicates, repairs, relines, or fixes any
26-8 full or partial denture, any fixed or removable dental bridge or
26-9 appliance, any dental plate or plates of false teeth, any
26-10 artificial dental restoration, or any substitute or corrective
26-11 device or appliance for the human teeth, gums, jaws, mouth,
26-12 alveolar process, or any part thereof for another, or who in any
26-13 manner offers, undertakes, aids, abets, or causes another person so
26-14 to do for another, without a written prescription or work-order
26-15 therefor signed by the dentist legally engaged in the practice of
26-16 dentistry in this state or in the jurisdiction where such dentist
26-17 maintains his dental office and who prescribed and ordered same.
26-18 (7) Who shall offer or undertake or cause another to
26-19 do, directly or indirectly, for any person any act, service, or
26-20 work in the practice of dentistry or any part thereof as provided
26-21 for in the laws of Texas relating to the practice of dentistry
26-22 including without limitation the inducing, administering,
26-23 prescribing, or dispensing any anesthesia, anesthetic drug,
26-24 medicine, or agent in anywise incidental to or in connection with
26-25 the practice of dentistry; or who permits or allows another to use
26-26 his license or certificate to practice dentistry in this state for
26-27 the purpose of performing any act described in this Article; or who
27-1 shall aid or abet, directly or indirectly, the practice of
27-2 dentistry by any person not duly licensed to practice dentistry by
27-3 the State Board of Dental Examiners.
27-4 (8) Who shall control, attempt to control, influence,
27-5 attempt to influence, or otherwise interfere with the exercise of a
27-6 dentist's independent professional judgment regarding the diagnosis
27-7 or treatment of any dental disease, disorder, or physical
27-8 condition. Rules adopted by the Board addressing the prohibitions
27-9 in this subdivision may prohibit a dentist from engaging in
27-10 contracts that allow a person who is not a dentist to influence or
27-11 interfere with the exercise of a dentist's independent professional
27-12 judgment. Rules adopted by the Board, pursuant to this Act, may
27-13 not preclude a dentist's right to contract with a management
27-14 service organization. Rules affecting contracts for provision of
27-15 management services shall have the same application both to
27-16 dentists contracting with management service organizations and to
27-17 dentists otherwise contracting for such services. However, nothing
27-18 herein shall be construed to require any entity to pay for services
27-19 which are not provided for in a contract or agreement or to exempt
27-20 any dentist who is a member of a hospital staff from adhering to
27-21 hospital bylaws, medical staff bylaws, or established policies
27-22 approved by the governing board and the medical and dental staff of
27-23 the hospital.
27-24 (9) If the person holds the person out to be a
27-25 denturist or uses another title that is intended to convey to the
27-26 public that the services offered by the person are included within
27-27 the practice of dentistry.
28-1 SECTION 18. Section 11, Chapter 244, General Laws, Acts of
28-2 the 44th Legislature, Regular Session, 1935 (Article 4551b,
28-3 Vernon's Texas Civil Statutes), is amended to read as follows:
28-4 Sec. 11. The definition of dentistry as contained in Chapter
28-5 9, Title 71, Revised Statutes, shall not apply to:
28-6 (1) members of the faculty of a reputable dental or
28-7 dental hygiene college or school where such faculty members perform
28-8 their services for the sole benefit of such school or college;
28-9 (2) students of a reputable dental college who perform
28-10 their operations without pay except for actual cost of materials,
28-11 in the presence of and under the direct personal supervision of a
28-12 demonstrator or teacher who is a member of the faculty of a
28-13 reputable dental college;
28-14 (3) persons doing laboratory work on inert matter
28-15 only, and who do not solicit or obtain work, by any means, from a
28-16 person or persons not a licensed dentist actually engaged in the
28-17 practice of dentistry and who do not act as the agents or
28-18 solicitors of, or have any interest whatsoever in, any dental
28-19 office, practice or the receipts therefrom;
28-20 (4) physicians and surgeons legally authorized to
28-21 practice medicine as defined by the law of this state who do not
28-22 hold themselves out to the public as practicing dentistry;
28-23 (5) dental hygienists legally authorized to practice
28-24 dental hygiene in this state and who practice dental hygiene in
28-25 strict conformity with the laws of Texas regulating the practice of
28-26 dental hygiene;
28-27 (6) those persons who as members of an established
29-1 church practice healing by prayer only;
29-2 (7) employees of a dentist who make dental x-rays in
29-3 the dental office and under the supervision of such dentist or
29-4 dentists legally engaged in the practice of dentistry in this
29-5 state;
29-6 (8) Dental Health Service Corporations legally
29-7 chartered under Section A(1), Article 2.01, Texas Non-Profit
29-8 Corporation Act (Article 1396-2.01, Vernon's Texas Civil Statutes);
29-9 (9) dental interns and dental residents as defined and
29-10 regulated by the Texas State Board of Dental Examiners in its rules
29-11 and regulations;
29-12 (10) a student [students] of a dental hygiene program
29-13 accredited by the Commission on Dental Accreditation of the
29-14 American Dental Association and operated at an accredited
29-15 institution of higher education who practices [practice] dental
29-16 hygiene:
29-17 (A) without pay under the general supervision of
29-18 a dentist and under the supervision of a demonstrator or teacher
29-19 who is a member of the faculty of that program;
29-20 (B) in strict conformity with the laws of this
29-21 state regulating the practice of dental hygiene, except that they
29-22 may practice under the supervision of a demonstrator or teacher who
29-23 is a dentist member of the faculty of that program; and
29-24 (C) in a clinic operated:
29-25 (i) for the sole benefit of the program's
29-26 institution of higher education; or
29-27 (ii) [in a clinic operated] by a
30-1 government or nonprofit organization that serves underserved
30-2 populations, as determined by rule of the State Board of Dental
30-3 Examiners [and in strict conformity with the laws of this state
30-4 regulating the practice of dental hygiene];
30-5 (11) dental assistants who perform the duties
30-6 permitted by Article 4551e-1, Revised Statutes, in strict
30-7 conformity with the laws of this state; [or]
30-8 (12) dentists and dental hygienists licensed by
30-9 another state or foreign country who perform clinical procedures
30-10 only for professional and technical education demonstration
30-11 purposes, provided that such dentists and dental hygienists must
30-12 first obtain a temporary license for such purpose from the State
30-13 Board of Dental Examiners;
30-14 (13) a dental hygienist who is a faculty member of a
30-15 dental or dental hygiene school while practicing dental hygiene
30-16 only:
30-17 (A) under the supervision of a dentist licensed
30-18 in Texas or of a teacher or demonstrator who is a dentist faculty
30-19 member of the school; and
30-20 (B) otherwise, in strict conformity with the
30-21 laws regulating the practice of dental hygiene;
30-22 (14) a dentist enrolled in remedial training programs
30-23 sponsored by the Commission on Dental Accreditation of the American
30-24 Dental Association at an accredited dental or dental hygiene school
30-25 while participating in such a program in this state;
30-26 (15) a dental hygienist enrolled in remedial training
30-27 programs sponsored by the Commission on Dental Accreditation of the
31-1 American Dental Association at an accredited dental or dental
31-2 hygiene school while participating in such a program in this state
31-3 in strict conformity with the laws regulating the practice of
31-4 dental hygiene, except that supervision may be provided by a
31-5 demonstrator or teacher who is a dentist member of the program;
31-6 (16) a dentist who is not licensed in this state and
31-7 who is a candidate enrolled to take the dental clinical examination
31-8 offered by the Western Regional Examining Board in this state while
31-9 taking the examination;
31-10 (17) a dental hygienist who is not licensed in this
31-11 state and who is a candidate enrolled to take the dental hygiene
31-12 clinical examination offered by the Western Regional Examining
31-13 Board in this state while taking the examination if participation
31-14 is in strict conformity with the laws of this state regulating the
31-15 practice of dental hygiene, except that supervision may be provided
31-16 by a dentist whose services are secured by the Western Regional
31-17 Examining Board;
31-18 (18) a dentist whose license is in retired status or
31-19 who is licensed in another state and is attending a continuing
31-20 education clinical program offered at a dental or dental hygiene
31-21 school accredited by the Commission on Dental Accreditation of the
31-22 American Dental Association while attending the program; or
31-23 (19) a dental hygienist whose dental hygienist license
31-24 is in retired status or who is licensed in another state and is
31-25 attending a continuing education clinical program offered at a
31-26 dental or dental hygiene school accredited by the Commission on
31-27 Dental Accreditation of the American Dental Association while
32-1 attending the program if tasks are performed in strict conformity
32-2 with the laws regulating the practice of dental hygiene, except
32-3 that supervision may be provided by a dentist member of the
32-4 program.
32-5 SECTION 19. Section 2, Chapter 475, Acts of the 52nd
32-6 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
32-7 Civil Statutes), is amended to read as follows:
32-8 Sec. 2. QUALIFICATIONS. Each applicant for a license to
32-9 practice [A] dental hygiene in this state [hygienist] shall be:
32-10 (1) not less than eighteen (18) years of age;
32-11 (2) of good moral character;
32-12 (3) [and] a graduate of an accredited high school or
32-13 hold a certificate of high school equivalency (GED); and
32-14 (4) [be] a graduate of a recognized school or college
32-15 of dentistry or dental hygiene accredited by the Commission on
32-16 Dental Accreditation of the American Dental Association and
32-17 approved by the State Board of Dental Examiners that includes at
32-18 least two full academic years of instruction or its equivalent at
32-19 the postsecondary level.
32-20 SECTION 20. Subsection (b), Section 3, Chapter 475, Acts of
32-21 the 52nd Legislature, Regular Session, 1951 (Article 4551e,
32-22 Vernon's Texas Civil Statutes), is amended to read as follows:
32-23 (b) All work performed by a dental hygienist in the practice
32-24 of dental hygiene, as defined in this Act, shall be performed in
32-25 the dental office of the supervising dentist or dentists who are
32-26 legally engaged in the practice of dentistry in this state[, by
32-27 whom he or she must be employed,] or under the supervision of a
33-1 supervising dentist in an alternate setting, including, but not
33-2 limited to, a nursing home, [or] the patient's home, a school, a
33-3 hospital, a state institution, a public health clinic, or another
33-4 institution [provided that the hygienist is licensed to perform the
33-5 delegated procedure and the supervising dentist examines the
33-6 patient during the 12 months preceding the performance of the
33-7 procedure by the dental hygienist or at the time the procedure is
33-8 performed, except where employed by schools, hospitals, state
33-9 institutions, public health clinics or other institutions that have
33-10 applied to and been approved by the Texas State Board of Dental
33-11 Examiners as a proper location for the performance of a dental
33-12 procedure].
33-13 SECTION 21. Subsection (d), Section 4A, Chapter 475, Acts of
33-14 the 52nd Legislature, Regular Session, 1951 (Article 4551e,
33-15 Vernon's Texas Civil Statutes), is amended to read as follows:
33-16 (d) A member of the advisory committee is entitled to the
33-17 compensatory per diem set by the General Appropriations Act for
33-18 each day that the member engages in committee business. [Except
33-19 for transportation expenses, a member is not entitled to
33-20 reimbursement for travel expenses.] A member may receive [is
33-21 entitled to] reimbursement for travel [transportation] expenses,
33-22 including expenses for meals and lodging [as provided by the
33-23 General Appropriations Act].
33-24 SECTION 22. Section 5, Chapter 475, Acts of the 52nd
33-25 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
33-26 Civil Statutes), is amended to read as follows:
33-27 Sec. 5. EXAMINATION. (a) It shall be the duty of the Board
34-1 to provide for the examination of all qualified applicants for
34-2 licensure as dental hygienists in this State. All applicants for
34-3 licensure [examination] shall pay an application [a] fee set by the
34-4 Board to said Board as determined by said Board according to its
34-5 needs and shall apply upon forms furnished by the Board and shall
34-6 furnish such other information as the Board may in its discretion
34-7 require to determine any applicant's qualifications. An applicant
34-8 must attach to the application proof that the applicant has
34-9 successfully completed a current course in cardiopulmonary
34-10 resuscitation given or approved by the American Heart Association
34-11 or American Red Cross before the date on which the applicant
34-12 submits the application or, in the event that the applicant is not
34-13 physically capable of successfully completing such training, a
34-14 written statement executed by either a licensed physician or an
34-15 instructor in cardiopulmonary resuscitation approved by the
34-16 American Heart Association or American Red Cross that describes
34-17 such physical incapacity.
34-18 (b) The examination shall be taken by all applicants on such
34-19 subjects and operations pertaining to dentistry and dental hygiene
34-20 which shall include Dental Anatomy, Pharmacology, X-Ray, Ethics,
34-21 Jurisprudence, and Hygiene, and such other subjects as are
34-22 regularly taught in reputable schools of dentistry and dental
34-23 hygiene, as the Board in its discretion may require.
34-24 (c) The Board shall contract with an independent or regional
34-25 testing service for any required clinical examination.
34-26 (d) In the event that the Board uses a regional testing
34-27 service, the Board is authorized to contract for or otherwise use
35-1 the services of licensed dental hygienists in this State for the
35-2 purpose of providing assistance to the regional testing service.
35-3 (e) The Board shall have the written portion of the Board's
35-4 jurisprudence examination validated by an independent testing
35-5 professional.
35-6 (f) The Board shall report such grades to the applicant
35-7 within a reasonable time after such examination. If the Board
35-8 contracts with an independent or regional testing service, the
35-9 contract with the independent or regional testing service shall
35-10 provide for notification of results. Each[, and each] applicant
35-11 who has satisfactorily passed all phases of the examination as
35-12 determined by the Board shall be entitled to and shall be issued a
35-13 license permitting such applicant to practice dental hygiene in the
35-14 State of Texas as is defined and regulated by the law of this
35-15 State.
35-16 (g) [(b)] The Board by rule shall set the number of and
35-17 conditions for examination retakes. The Board may require an
35-18 applicant who fails the examination to meet additional education
35-19 requirements set by the Board.
35-20 SECTION 23. Subsection (b), Section 5A, Chapter 475, Acts of
35-21 the 52nd Legislature, Regular Session, 1951 (Article 4551e,
35-22 Vernon's Texas Civil Statutes), is amended to read as follows:
35-23 (b) The State Board of Dental Examiners by rule shall:
35-24 (1) require a licensee to complete at least 12 [36]
35-25 hours of continuing education for [in] each annual registration
35-26 [three-year] period as a prerequisite to renewal for a subsequent
35-27 annual period [to maintain licensure];
36-1 (2) identify the key factors that lead to the
36-2 competent performance of professional duties under this Act;
36-3 (3) develop a process to evaluate and approve
36-4 continuing education courses; and
36-5 (4) develop a process to assess a licensee's
36-6 participation and performance in continuing education courses that
36-7 will enable the Board to evaluate the overall effectiveness of the
36-8 program.
36-9 SECTION 24. Section 4A, Chapter 475, Acts of the 52nd
36-10 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
36-11 Civil Statutes), is amended by adding Subsection (e) to read as
36-12 follows:
36-13 (e) The advisory committee is subject to Chapter 325,
36-14 Government Code (Texas Sunset Act). Unless continued in existence
36-15 as provided by that chapter, the advisory committee is abolished
36-16 September 1, 2005. An advisory committee is abolished on the date
36-17 set for abolition of the agency unless the advisory committee is
36-18 expressly continued by law as established by the Texas Legislature.
36-19 SECTION 25. Subsections (c) and (d), Section (6), Article
36-20 4551f, Revised Statutes, are amended to read as follows:
36-21 (c) If the owner or manager of a dental laboratory required
36-22 to be registered under this section fails to renew the registration
36-23 and pay the annual renewal fee before the expiration date as set by
36-24 the Board, the Board shall suspend the registration certificate of
36-25 that laboratory. An owner or manager may renew an unexpired
36-26 certificate by paying the required renewal fee to the Board on or
36-27 before the expiration date. If the certificate has been expired
37-1 for not more than 90 days, the owner or manager may renew the
37-2 certificate by paying to the Board the required renewal fee and a
37-3 fee equal to one-half the renewal fee. If the certificate has been
37-4 expired for more than 90 days but less than one year [two years],
37-5 the owner or manager may renew the certificate by paying to the
37-6 Board all unpaid renewal fees and a fee equal to the amount of the
37-7 initial registration fee. If the certificate has been expired for
37-8 one year [two years] or longer, the owner or manager may not renew
37-9 the certificate. To reinstate the certificate, the owner or
37-10 manager must comply with the requirements for obtaining an original
37-11 certificate.
37-12 (d) The owner of a dental laboratory registered with the
37-13 Board on September 1, 1987, is not required to submit proof that
37-14 the laboratory has at least one certified dental technician
37-15 employed by and working on the premises of the laboratory if:
37-16 (1) the registration of the laboratory has been
37-17 renewed each year [continuous] since that date and all registration
37-18 fees have been paid;
37-19 (2) the beneficial ownership of at least 51 percent of
37-20 the laboratory has not been transferred; and
37-21 (3) the owner is employed on the premises of the
37-22 laboratory not less than 30 hours each week.
37-23 SECTION 26. Article 4551j, Revised Statutes, is amended to
37-24 read as follows:
37-25 Art. 4551j. CIVIL IMMUNITY, OFFICIAL ACTS. In the absence
37-26 of fraud, conspiracy, or malice, no member of the Texas State Board
37-27 of Dental Examiners, its employees, part-time employees, or persons
38-1 who contract with the board, nor any witness called to testify by
38-2 said board, nor any consultant or hearing officer appointed by said
38-3 board shall be liable or subject to suit or suits for damages for
38-4 alleged injury, wrong, loss, or damage allegedly caused by any of
38-5 said persons for any investigation, report, recommendation,
38-6 statement, evaluation, finding, order, or award made in the course
38-7 of any of said persons performing assigned, designated, official,
38-8 or statutory duties. This immunity is enacted to relieve and
38-9 protect the persons named from being harassed and threatened with
38-10 legal action while attempting to perform official duties.
38-11 SECTION 27. Section 2, Article 4544a, Revised Statutes, is
38-12 repealed.
38-13 SECTION 28. Subsection (b), Section 5, Article 4544, Revised
38-14 Statutes, Subsection (b), Section 5A, Chapter 475, Acts of the 52nd
38-15 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
38-16 Civil Statutes), and Subsection (c), Section (6), Article 4551f,
38-17 Revised Statutes, as amended by this Act, apply only to licenses
38-18 and registrations that expire after the effective date of this Act.
38-19 Licenses and registrations in effect the day before the effective
38-20 date of this Act continue to be valid and expire according to their
38-21 own terms.
38-22 SECTION 29. (a) This Act takes effect September 1, 1999.
38-23 (b) The changes in law made by this Act apply only to a suit
38-24 or proceeding commenced on or after the effective date of this Act.
38-25 A suit or proceeding that is commenced before the effective date of
38-26 this Act is governed by the law applicable to the suit or
38-27 proceeding immediately before the effective date of this Act, and
39-1 that law is continued in effect for that purpose.
39-2 SECTION 30. The importance of this legislation and the
39-3 crowded condition of the calendars in both houses create an
39-4 emergency and an imperative public necessity that the
39-5 constitutional rule requiring bills to be read on three several
39-6 days in each house be suspended, and this rule is hereby suspended.