By Lucio S.B. No. 964
76R5949 GJH-F
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. Sections 3(a) and (b), Article 4543a, Revised
1-5 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. Section 1, Article 4544, Revised Statutes, is
1-20 amended to read as follows:
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 SECTION 3. Section 3, Article 4544, Revised Statutes, is
2-25 amended to read as follows:
2-26 Sec. 3. (a) Within 30 days after the day on which a
2-27 licensing examination is administered under this article, the Board
3-1 shall notify each examinee of the results of the examination.
3-2 However, if an examination is graded or reviewed by a national
3-3 testing service, the Board shall notify examinees of the results of
3-4 the examination within two weeks after the day that the Board
3-5 receives the results from the testing service. If the notice of
3-6 the examination results will be delayed for longer than 90 days
3-7 after the examination date, the Board shall notify the examinee of
3-8 the reason for the delay before the 90th day.
3-9 (b) If the Board contracts with an independent or regional
3-10 testing service, this section does not apply. The contract with
3-11 the independent or regional testing service shall provide for
3-12 notification of results as provided by Subsection (a) of this
3-13 section.
3-14 SECTION 4. Section 4, Article 4544, Revised Statutes, is
3-15 amended to read as follows:
3-16 Sec. 4. (a) If requested in writing by a person who fails
3-17 the licensing examination administered under this article, the
3-18 Board shall furnish the person with an analysis of the person's
3-19 performance on the examination as prescribed by Board rule.
3-20 (b) If the Board contracts with an independent or regional
3-21 testing service, this section does not apply. The contract with
3-22 the independent or regional testing service shall provide for
3-23 notification of results as provided by Subsection (a) of this
3-24 section.
3-25 SECTION 5. Section 5(b), Article 4544, Revised Statutes, is
3-26 amended to read as follows:
3-27 (b) The Board by rule shall:
4-1 (1) require a licensee to complete at least 12 [36]
4-2 hours of continuing education for [in] each annual registration
4-3 [three-year] period as a prerequisite to renewal for a subsequent
4-4 annual period [to maintain licensure];
4-5 (2) identify the key factors that lead to the
4-6 competent performance of professional duties under this Act;
4-7 (3) develop a process to evaluate and approve
4-8 continuing education courses; and
4-9 (4) develop a process to assess a licensee's
4-10 participation and performance in continuing education courses that
4-11 will enable the Board to evaluate the overall effectiveness of the
4-12 program.
4-13 SECTION 6. Article 4545, Revised Statutes, is amended to
4-14 read as follows:
4-15 Art. 4545. QUALIFICATIONS OF APPLICANTS. Each applicant for
4-16 a license to practice dentistry in this state shall be not less
4-17 than twenty-one (21) years of age and [shall present evidence] of
4-18 good moral character and shall present:
4-19 (1) proof of graduation from a dental school
4-20 accredited by the Commission on Dental Accreditation of the
4-21 American Dental Association; or
4-22 (2) proof of:
4-23 (A) graduation from a dental school that is not
4-24 accredited by the Commission on Dental Accreditation of the
4-25 American Dental Association; and
4-26 (B) successful completion of training in an
4-27 American Dental Association approved specialty in an education
5-1 program that is accredited by the Commission on Dental
5-2 Accreditation and that consists of at least two years of training
5-3 as specified by the Council on Dental Education.
5-4 SECTION 7. Section 1(a), Article 4545a, Revised Statutes, is
5-5 amended to read as follows:
5-6 (a) The State Board of Dental Examiners, upon payment by the
5-7 applicant of a fee set by the Board, shall grant a license to
5-8 practice dentistry to any reputable dentist or a license to
5-9 practice dental hygiene to any reputable [dentist or] dental
5-10 hygienist who:
5-11 (1) is licensed in good standing as a dentist or
5-12 dental hygienist in another state, the District of Columbia, or a
5-13 territory of the United States that has licensing requirements that
5-14 are substantially equivalent to the requirements of this Act;
5-15 (2) has not been the subject of final or pending
5-16 disciplinary action in any jurisdiction in which the dentist or
5-17 dental hygienist is or has been licensed;
5-18 (3) has graduated from a dental or dental hygiene
5-19 school accredited by the Commission on Dental Accreditation of the
5-20 American Dental Association and approved by the Board according to
5-21 rules established by the Board;
5-22 (4) has passed a national or other examination
5-23 recognized by the Board relating to dentistry or dental hygiene;
5-24 (5) has successfully completed the Board's
5-25 jurisprudence examination;
5-26 (6) has submitted documentation of current
5-27 cardiopulmonary resuscitation certification;
6-1 (7) has practiced dentistry or dental hygiene:
6-2 (A) for a minimum of five years immediately
6-3 prior to applying; or
6-4 (B) as a dental educator at a dental school or
6-5 dental hygiene school accredited by the Commission on Dental
6-6 Accreditation of the American Dental Association for the five years
6-7 immediately preceding the date of applying for the license; and
6-8 (8) has met any additional criteria established by
6-9 Board rule.
6-10 SECTION 8. Article 4547a, Revised Statutes, is amended to
6-11 read as follows:
6-12 Art. 4547a. AID TO THE BOARD. The Texas State Board of
6-13 Dental Examiners shall have power and authority to appoint such
6-14 committees, clerks, advisors, consultants, dentists, hygienists,
6-15 and/or examiners to aid the board to carry out its duties as it
6-16 deems necessary and advisable and may reimburse said persons so
6-17 appointed in such amounts as is reasonable and in conformity with
6-18 the provisions of the general appropriations bill as enacted by the
6-19 Texas Legislature.
6-20 SECTION 9. Article 4548d, Revised Statutes, is amended to
6-21 read as follows:
6-22 Art. 4548d. SHALL EXHIBIT ANNUAL REGISTRATION CERTIFICATE
6-23 [LICENSE]. Any person authorized to practice dentistry or dental
6-24 hygiene [surgery] in this State either under this or any former law
6-25 of Texas, shall place the person's current registration certificate
6-26 [his license] on exhibition in each [his] office where said dentist
6-27 or dental hygienist provides dental services. When a dentist or
7-1 dental hygienist provides dental services at more than one
7-2 location, the person may display a duplicate of the original
7-3 registration certificate obtained from the State Board of Dental
7-4 Examiners for a duplicate certificate fee set by the Board [license
7-5 shall be in plain view of patients]. No such person shall do any
7-6 operation in the mouth of a patient, or treat any lesions of the
7-7 mouth or teeth, without having said registration certificate
7-8 [license] so exhibited.
7-9 SECTION 10. Article 4548e, Revised Statutes, is amended to
7-10 read as follows:
7-11 Art. 4548e. USE OF TRADE NAME. Any person, corporation,
7-12 company, or association may use a corporation, company,
7-13 association, or trade name. Any advertisement by a person, [the]
7-14 corporation, company, or association[, or trade name] must include
7-15 prominently the name of at least one dentist practicing under such
7-16 name, and if the advertisement refers to one or more locations
7-17 where dental services are provided, it must include, for each
7-18 location, the name of at least one dentist who provides services at
7-19 that location. The person, corporation, company, or association
7-20 shall file with the State Board of Dental Examiners a list of all
7-21 dentists who practice under the name and a list of each trade name
7-22 used if the trade name is different from the corporation, company,
7-23 or association name. A list required under this section must be
7-24 updated and filed with the Board not later than the 30th day after
7-25 the date of the change. Each day of violation of this Article
7-26 shall constitute a separate offense.
7-27 SECTION 11. Article 4548g, Revised Statutes, is amended to
8-1 read as follows:
8-2 Art. 4548g. UNPROFESSIONAL CONDUCT. It shall be unlawful for
8-3 any person, firm, or corporation to engage in or be guilty of any
8-4 unprofessional conduct pertaining to dentistry directly or
8-5 indirectly. Any unprofessional conduct, as used herein, means and
8-6 includes any one or more of the following acts:
8-7 (1) obtaining or attempting to collect any fee by
8-8 fraud or misrepresentation;
8-9 (2) soliciting dental business by means of oral
8-10 [verbal] communication, in person or otherwise, directed to an
8-11 individual or group of less than five individuals, which is
8-12 primarily for the purpose of attracting the patronage of such
8-13 individual or group to a particular practice of dentistry;
8-14 (3) employing, directly or indirectly, or permitting
8-15 any unlicensed person to perform dental services upon any person,
8-16 except as otherwise authorized by law or the rules and regulations
8-17 of the State Board of Dental Examiners;
8-18 (4) claiming or circulating any statement of
8-19 professional superiority or the performance of professional
8-20 services in a superior manner;
8-21 (5) forging, altering, or changing any diploma,
8-22 license, registration certificate, transcript, or any other legal
8-23 document pertaining to the practice of dentistry, being a party
8-24 thereto or beneficiary thereof, or making any false statement about
8-25 or in securing such document, or being guilty of misusing the same;
8-26 (6) accepting employment as a dentist under any
8-27 referral scheme which is false, misleading, or deceptive;
9-1 (7) advertising to perform any dental work without
9-2 pain or discomfort to the patient; or
9-3 (8) advertising predictions of future satisfaction or
9-4 success of any dental service.
9-5 SECTION 12. Article 4549, Revised Statutes, is amended to
9-6 read as follows:
9-7 Art. 4549. REFUSAL TO [EXAMINE OR] ISSUE LICENSE; JUDICIAL
9-8 SUSPENSIONS AND REVOCATIONS
9-9 Sec. 1. The State Board of Dental Examiners shall have
9-10 authority to refuse to issue a license by examination to a dental
9-11 or dental hygiene applicant [examine any person or refuse to issue
9-12 a dental license or a dental hygienist license to any person] for
9-13 any one or more of the following causes:
9-14 (a) Proof of presentation to the Board of any
9-15 dishonest or fake evidence of qualification, or being guilty of any
9-16 illegality, fraud, or deception in the process of examination, or
9-17 for the purpose of securing a license or certificate.
9-18 (b) Proof of chronic or habitual intoxication or
9-19 addiction to drugs on the part of the applicant.
9-20 (c) Proof that the applicant has been guilty of
9-21 dishonest or illegal practices in or connected with the practice of
9-22 dentistry or dental hygiene.
9-23 (d) Proof of conviction of the applicant of a felony
9-24 under the laws of this State or any other State or of the United
9-25 States.
9-26 (e) Proof that the applicant violated any of the
9-27 provisions of the statutes of the State of Texas relating to the
10-1 practice of dentistry or any provisions of Chapter 9, Title 71,
10-2 Revised Statutes, within 12 months before the filing of an
10-3 application for the license.
10-4 Sec. 2. The State Board of Dental Examiners shall have
10-5 jurisdiction and authority, after notice and hearing, to suspend or
10-6 revoke a dental license or a dental hygienist license, to impose a
10-7 fine on a person licensed under this chapter, to place on probation
10-8 with conditions a person whose license or certificate is suspended,
10-9 or to reprimand a licensee or certificate holder, and in addition
10-10 to or in lieu of said suspension, revocation, probation, or
10-11 reprimand, to assess an administrative penalty as provided for in
10-12 Article 4548j, Revised Statutes, for any one or more of the
10-13 following causes:
10-14 (a) Proof of insanity of the holder of a license or
10-15 certificate, as adjudged by the regularly constituted authorities.
10-16 (b) Proof of conviction of the holder of a license or
10-17 certificate of a misdemeanor involving fraud or any felony [or a
10-18 misdemeanor involving fraud] under the laws of this State or any
10-19 other State or of the United States.
10-20 (c) That the holder [thereof has been or] is guilty of
10-21 dishonorable conduct[, malpractice, gross incompetency,] or failure
10-22 to treat a patient according to the standard of care in the
10-23 practice of dentistry or dental hygiene.
10-24 (d) That the holder thereof has been or is guilty of
10-25 any deception or misrepresentation for the purpose of soliciting or
10-26 obtaining patronage.
10-27 (e) That the holder thereof procured a license or
11-1 certificate through fraud or misrepresentation.
11-2 (f) That the holder thereof is addicted to or is
11-3 habitually intemperate in [habitual intoxication or] the use of
11-4 alcoholic beverages or drugs or has improperly obtained, possessed,
11-5 used, or distributed habit forming drugs or narcotics.
11-6 (g) That a dentist employs or permits or has employed
11-7 or permitted persons to practice dentistry in the office or offices
11-8 under his control or management, who were not licensed to practice
11-9 dentistry.
11-10 (h) That the holder thereof has failed to use proper
11-11 diligence in the conduct of his practice or to safeguard his
11-12 patients against avoidable infections.
11-13 (i) That the holder thereof has failed or refused to
11-14 comply with any State law relating to the regulation of dentists or
11-15 dental hygienists.
11-16 (j) That the holder thereof has failed or refused to
11-17 comply with the adopted and promulgated rules and regulations of
11-18 the Board.
11-19 (k) That the holder thereof is physically or mentally
11-20 incapable of practicing with safety to dental patients.
11-21 (l) That the holder thereof has been negligent in the
11-22 performance of dental services which injured or damaged dental
11-23 patients.
11-24 (m) Proof of suspension, revocation, probation,
11-25 reprimand, or other restriction by another State of a license or
11-26 certificate to practice dentistry or dental hygiene based upon acts
11-27 by the licensee or certificate holder enumerated in this section.
12-1 (n) That the holder thereof has knowingly provided or
12-2 agreed to provide dental care in a manner which violates any
12-3 provision of federal or State law regulating a plan whereby any
12-4 person undertakes to provide, arrange for, pay for, or reimburse
12-5 any part of the cost of any dental care services or regulating the
12-6 business of insurance.
12-7 Sec. 3. (a) If the Board proposes to refuse to issue a
12-8 license by examination to a dental or dental hygiene applicant or
12-9 [examine a person,] to suspend or revoke a license, to impose a
12-10 fine, to place on probation a person whose license has been
12-11 suspended, or to reprimand a license holder, the person is entitled
12-12 to a hearing under Chapter 2001, Government Code.
12-13 (b) The hearing under this section and an appeal from the
12-14 hearing under this section are governed by Chapter 2001, Government
12-15 Code (Administrative Procedure Act).
12-16 SECTION 13. Article 4549-1.1, Revised Statutes, is amended
12-17 to read as follows:
12-18 Art. 4549-1.1. SUBPOENA POWER. The State Board of Dental
12-19 Examiners may request and, if necessary, compel by subpoena the
12-20 attendance of witnesses for examination under oath and the
12-21 production for inspection and copying of books, accounts, records,
12-22 papers, correspondence, documents, and other evidence relevant to
12-23 the investigation of alleged violations of the provisions of the
12-24 statutes of the State of Texas relating to the practice of
12-25 dentistry or any provisions of this chapter. If a person fails to
12-26 comply with a subpoena issued under this article, the board, acting
12-27 through the attorney general, may file suit to enforce the subpoena
13-1 in a district court in Travis County [or in the county in which a
13-2 hearing conducted by the board may be held]. The court, if it
13-3 determines that good cause exists for the issuance of the subpoena,
13-4 shall order compliance with the requirements of the subpoena.
13-5 Failure to obey the order of the court may be punished by the court
13-6 as contempt.
13-7 SECTION 14. Article 4549-2, Revised Statutes, is amended to
13-8 read as follows:
13-9 Art. 4549-2. RECORDS OF THE DENTIST. Records of
13-10 the diagnosis made and the treatment performed for and on a dental
13-11 patient shall be the property of the dentist who performs the
13-12 dental service and may not be sold, pledged as collateral, or
13-13 otherwise transferred to any person other than the patient unless
13-14 the other person is a dentist licensed by the Board and the
13-15 transfer is made in compliance with rules relating to the transfer
13-16 of records as may be adopted by the Board. The owning dentist
13-17 shall furnish to a patient, on request, copies of the patient's
13-18 dental records in accordance with rules relating to patient records
13-19 adopted by the Board. Nothing herein shall prevent the voluntary
13-20 submission of records to insurance companies for the purpose of
13-21 determining benefits.
13-22 SECTION 15. Article 4550, Revised Statutes, is amended to
13-23 read as follows:
13-24 Art. 4550. RECORDS OF THE BOARD
13-25 Sec. 1. The Board shall keep records in which shall be
13-26 registered the name and permanent address [residence] and place of
13-27 business of all persons authorized under this law to practice
14-1 dentistry, dental hygiene and such other professions or businesses
14-2 under its jurisdiction as provided by law. Each dentist, dental
14-3 hygienist, dental laboratory, and dental technician registered with
14-4 the Board shall timely notify the Board in writing of:
14-5 (1) any change of address of the place of business of
14-6 such dentist, hygienist, laboratory, or technician; and
14-7 (2) any change of employers by such dentist,
14-8 hygienist, laboratory, or technician, and any change of owners of
14-9 the laboratory.
14-10 The Board is timely notified if it receives the notice within
14-11 60 days after the date the change occurs.
14-12 Sec. 2. All of the records and files of the State Board of
14-13 Dental Examiners shall be public records and open to inspection at
14-14 reasonable times, except the investigation files and records which
14-15 shall be confidential and shall be divulged only to persons so
14-16 investigated upon completion of said investigation. It is not a
14-17 violation of this section for the Board to share investigation
14-18 files and records with another state regulatory agency or a local,
14-19 state, or federal law enforcement agency [during the course of a
14-20 joint investigation or in determining the feasibility of conducting
14-21 an investigation].
14-22 SECTION 16. Section 1, Article 4550a, Revised Statutes, is
14-23 amended to read as follows:
14-24 Sec. 1. It shall be the duty of all persons holding a dental
14-25 license or dental hygienist license issued by the State Board of
14-26 Dental Examiners to annually apply and to be registered as such
14-27 practitioners with the State Board of Dental Examiners on or before
15-1 the expiration date of the license [March 1st of each calendar
15-2 year]. Each person so registering shall pay in connection with
15-3 such annual registration for the receipt hereinafter provided for,
15-4 a fee as determined by said Board according to the needs of said
15-5 Board, such payment to be made by each person to such Board, and
15-6 every person so registering shall file with said Board a written
15-7 application setting forth such facts as the Board may require. A
15-8 person holding a dental or dental hygienist license must attach to
15-9 the application proof that the applicant has successfully completed
15-10 a current course [of current certification] in cardiopulmonary
15-11 resuscitation given or approved by the American Heart Association
15-12 or American Red Cross or, in the event that the applicant [person]
15-13 is not physically capable of successfully completing such training,
15-14 a written statement executed by either a licensed physician or an
15-15 instructor in cardiopulmonary resuscitation approved by the
15-16 American Heart Association or American Red Cross that describes
15-17 such physical incapacity. In lieu of this requirement for
15-18 completion of a current course in [annual] cardiopulmonary
15-19 resuscitation [certification], a dentist or dental hygienist
15-20 licensed by the State Board of Dental Examiners and residing in a
15-21 country other than the United States may satisfy this requirement
15-22 by submitting proof of residence upon the annual date of renewal.
15-23 Upon receipt of such applications, accompanied by such fees, said
15-24 Board, after ascertaining either from its records or other sources
15-25 deemed by it to be reliable that the applicant holds a valid
15-26 license or certificate to practice in this State, shall issue to
15-27 the applicant an annual registration certificate or receipt
16-1 certifying that he has filed such application and has paid the
16-2 required fee; provided that the filing of such application, the
16-3 payment of such fee, and the issuance of such receipt therefor
16-4 shall not entitle the holder thereof to lawfully practice within
16-5 the State of Texas unless he in fact holds a license or certificate
16-6 as such practitioner issued by the State Board of Dental Examiners,
16-7 as provided by this law, and unless said license or certificate is
16-8 in full force and effect; and provided further, that in any
16-9 prosecution for unlawful practice such receipt showing payment of
16-10 the annual registration fee required by this chapter shall not be
16-11 treated as evidence that the holder thereof is lawfully entitled to
16-12 practice.
16-13 SECTION 17. Sections 2(c), (d), (e), and (h), Article 4550a,
16-14 Revised Statutes, are amended to read as follows:
16-15 (c) If a person's license or certificate has been expired
16-16 for not longer than ninety (90) days, the person may renew it by
16-17 paying to the Board the required renewal fee and a fee that is
16-18 one-half of the application [examination] fee for the license or
16-19 certificate.
16-20 (d) If a person's license or certificate has been expired
16-21 for longer than ninety (90) days but less than one year, the person
16-22 may renew it by paying to the Board all unpaid renewal fees and a
16-23 fee that is equal to the application [examination] fee for the
16-24 license or certificate.
16-25 (e) If a person's license or certificate has been expired
16-26 for one year or longer, the person may not renew it[, except as
16-27 provided by Section 2A of this article]. The person may obtain a
17-1 new license or certificate by submitting to reexamination and
17-2 complying with the requirements and procedures for obtaining an
17-3 original license or certificate. However, the Board may adopt
17-4 rules providing for renewal without reexamination of an expired
17-5 license of a person who was licensed in this state, moved to
17-6 another state, and is currently licensed and has been in practice
17-7 in the other state for the two years preceding application. The
17-8 person must pay to the Board a fee that is equal to the examination
17-9 fee for the license.
17-10 (h) The Board by rule may adopt a system under which
17-11 licenses expire on various dates during the year. [For the year in
17-12 which the license expiration date is changed, license fees payable
17-13 on March 1 shall be prorated on a monthly basis so that each
17-14 licensee shall pay only that portion of the license fee that is
17-15 allocable to the number of months during which the license is
17-16 valid. On renewal of the license on the new expiration date, the
17-17 total license renewal fee is payable.]
17-18 SECTION 18. Section 4(i), Article 4550a, Revised Statutes,
17-19 is amended to read as follows:
17-20 (i) The Board shall develop and implement policies that
17-21 provide the public with a reasonable opportunity to appear before
17-22 the Board and to speak on any issue under the jurisdiction of the
17-23 Board, except to the extent that that communication would be ex
17-24 parte under any provision of law.
17-25 SECTION 19. Subsection (a), Article 4550c, Revised Statutes,
17-26 is amended to read as follows:
17-27 (a) Each dental application [examination] fee and dentist
18-1 annual renewal fee imposed by or under Subsection (b), Article
18-2 4551, Revised Statutes, is increased by $200.
18-3 SECTION 20. Article 4551a, Revised Statutes, is amended to
18-4 read as follows:
18-5 Art. 4551a. PERSONS REGARDED AS PRACTICING DENTISTRY. Any
18-6 person shall be regarded as practicing dentistry within the meaning
18-7 of this Chapter:
18-8 (1) Who publicly professes to be a dentist or dental
18-9 surgeon or who uses or permits to be used for himself or for any
18-10 other person, the title of "Doctor," "Dr.," "Doctor of Dental
18-11 Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," or any
18-12 other letters, titles, terms or descriptive matter, including use
18-13 of the terms "denturist" or "denturism," which directly or
18-14 indirectly represents him as being able to diagnose, treat, remove
18-15 stains or concretions from teeth, provide surgical and adjunctive
18-16 treatment for any disease, pain, injury, deficiency, deformity or
18-17 physical condition of the human teeth, oral cavity, alveolar
18-18 process, gums, jaws or directly related and adjacent masticatory
18-19 structures.
18-20 (2) Who shall offer or undertake by any means or
18-21 methods whatsoever, to clean teeth or to remove stains, concretions
18-22 or deposits from teeth in the human mouth, or who shall undertake
18-23 or offer to diagnose, treat, operate, or prescribe by any means or
18-24 methods for any disease, pain, injury, deficiency, deformity, or
18-25 physical condition of the human teeth, oral cavity, alveolar
18-26 process, gums, or jaws.
18-27 (3) Any person who shall offer or undertake in any
19-1 manner to prescribe or make, or cause to be made, an impression of
19-2 any portion of the human mouth, teeth, gums, or jaws, for the
19-3 purpose of diagnosing, prescribing, treating, or aiding in the
19-4 diagnosing, prescribing or treating, any physical condition of the
19-5 human mouth, teeth, gums or jaws, or for the purpose of
19-6 constructing or aiding in the construction of any dental appliance,
19-7 denture, dental bridge, false teeth, dental plate or plates of
19-8 false teeth, or any other substitute for human teeth.
19-9 (4) Any one who owns or manages a dental practice
19-10 or[,] maintains or operates any office or place of business where
19-11 he employs or engages, under any kind of contract whatsoever, any
19-12 other person or persons to practice dentistry as above defined
19-13 shall be deemed to be practicing dentistry himself and shall
19-14 himself be required to be duly licensed to practice dentistry as
19-15 hereinabove defined, and shall be subject to all of the other
19-16 provisions of this Chapter, even though the person or persons so
19-17 employed or engaged by him shall be duly licensed to practice
19-18 dentistry as hereinabove defined, unless otherwise provided by law.
19-19 (5) Any person, firm, group, association, or
19-20 corporation who shall offer or undertake to fit, adjust, repair, or
19-21 substitute in the human mouth or directly related and adjacent
19-22 masticatory structures any dental appliance, structure, prosthesis,
19-23 or denture, or who shall aid or cause to be fitted, adjusted,
19-24 repaired, or substituted in the human mouth or directly related and
19-25 adjacent masticatory structures any dental appliance, structure,
19-26 prosthesis, or denture.
19-27 (6) Who makes, fabricates, processes, constructs,
20-1 produces, reproduces, duplicates, repairs, relines, or fixes any
20-2 full or partial denture, any fixed or removable dental bridge or
20-3 appliance, any dental plate or plates of false teeth, any
20-4 artificial dental restoration, or any substitute or corrective
20-5 device or appliance for the human teeth, gums, jaws, mouth,
20-6 alveolar process, or any part thereof for another, or who in any
20-7 manner offers, undertakes, aids, abets, or causes another person so
20-8 to do for another, without a written prescription or work-order
20-9 therefor signed by the dentist legally engaged in the practice of
20-10 dentistry in this state or in the jurisdiction where such dentist
20-11 maintains his dental office and who prescribed and ordered same.
20-12 (7) Who shall offer or undertake or cause another to
20-13 do, directly or indirectly, for any person any act, service, or
20-14 work in the practice of dentistry or any part thereof as provided
20-15 for in the laws of Texas relating to the practice of dentistry
20-16 including without limitation the inducing, administering,
20-17 prescribing, or dispensing any anesthesia, anesthetic drug,
20-18 medicine, or agent in anywise incidental to or in connection with
20-19 the practice of dentistry; or who permits or allows another to use
20-20 his license or certificate to practice dentistry in this state for
20-21 the purpose of performing any act described in this Article; or who
20-22 shall aid or abet, directly or indirectly, the practice of
20-23 dentistry by any person not duly licensed to practice dentistry by
20-24 the State Board of Dental Examiners.
20-25 (8) Who shall manage, control, attempt to control,
20-26 influence, attempt to influence, or otherwise interfere with the
20-27 exercise of a dentist's independent professional judgment regarding
21-1 the diagnosis or treatment of any dental disease, disorder, or
21-2 physical condition. Rules adopted by the board addressing the
21-3 prohibitions in this section shall prohibit a person who is not a
21-4 dentist from directly or indirectly influencing or interfering with
21-5 the exercise of a dentist's independent professional judgment.
21-6 However, nothing herein shall be construed to require any entity to
21-7 pay for services which are not provided for in a contract or
21-8 agreement or to exempt any dentist who is a member of a hospital
21-9 staff from adhering to hospital bylaws, medical staff bylaws, or
21-10 established policies approved by the governing board and the
21-11 medical and dental staff of the hospital.
21-12 (9) If the person holds the person out to be a
21-13 denturist or uses another title that is intended to convey to the
21-14 public that the services offered by the person are included within
21-15 the practice of dentistry.
21-16 SECTION 21. Article 4551b, Revised Statutes, is amended to
21-17 read as follows:
21-18 Art. 4551b. EXCEPTION. The definition of dentistry as
21-19 contained in Chapter 9, Title 71, Revised Statutes, shall not apply
21-20 to:
21-21 (1) members of the faculty of a reputable dental or
21-22 dental hygiene college or school where such faculty members perform
21-23 their services for the sole benefit of such school or college;
21-24 (2) students of a reputable dental college who perform
21-25 their operations without pay except for actual cost of materials,
21-26 in the presence of and under the direct personal supervision of a
21-27 demonstrator or teacher who is a member of the faculty of a
22-1 reputable dental college;
22-2 (3) persons doing laboratory work on inert matter
22-3 only, and who do not solicit or obtain work, by any means, from a
22-4 person or persons not a licensed dentist actually engaged in the
22-5 practice of dentistry and who do not act as the agents or
22-6 solicitors of, or have any interest whatsoever in, any dental
22-7 office, practice or the receipts therefrom;
22-8 (4) physicians and surgeons legally authorized to
22-9 practice medicine as defined by the law of this state who do not
22-10 hold themselves out to the public as practicing dentistry;
22-11 (5) dental hygienists legally authorized to practice
22-12 dental hygiene in this state and who practice dental hygiene in
22-13 strict conformity with the laws of Texas regulating the practice of
22-14 dental hygiene;
22-15 (6) those persons who as members of an established
22-16 church practice healing by prayer only;
22-17 (7) employees of a dentist who make dental x-rays in
22-18 the dental office and under the supervision of such dentist or
22-19 dentists legally engaged in the practice of dentistry in this
22-20 state;
22-21 (8) Dental Health Service Corporations legally
22-22 chartered under Section A(1), Article 2.01, Texas Non-Profit
22-23 Corporation Act (Article 1396-2.01, Vernon's Texas Civil Statutes);
22-24 (9) dental interns and dental residents as defined and
22-25 regulated by the Texas State Board of Dental Examiners in its rules
22-26 and regulations;
22-27 (10) students of a dental hygiene program accredited
23-1 by the Commission on Dental Accreditation of the American Dental
23-2 Association and operated at an accredited institution of higher
23-3 education, in a clinic operated for the sole benefit of the
23-4 program's institution of higher education, or in a clinic operated
23-5 by a government or nonprofit organization that serves underserved
23-6 populations as determined by rule by the State Board of Dental
23-7 Examiners, and who practice dental hygiene without pay under the
23-8 general supervision of a dentist and under the supervision of a
23-9 demonstrator or teacher who is a member of the faculty of that
23-10 program in strict conformity with the laws of this state regulating
23-11 the practice of dental hygiene, except that they may practice under
23-12 the supervision of a demonstrator or teacher who is a dentist
23-13 member of the faculty of that program [in a clinic operated for the
23-14 sole benefit of the program's institution of higher education or in
23-15 a clinic operated by a government or nonprofit organization that
23-16 serves underserved populations as determined by rule of the State
23-17 Board of Dental Examiners and in strict conformity with the laws of
23-18 this state regulating the practice of dental hygiene];
23-19 (11) dental assistants who perform the duties
23-20 permitted by Article 4551e-1, Revised Statutes, in strict
23-21 conformity with the laws of this state; [or]
23-22 (12) dentists and dental hygienists licensed by
23-23 another state or foreign country who perform clinical procedures
23-24 only for professional and technical education demonstration
23-25 purposes, provided that such dentists and dental hygienists must
23-26 first obtain a temporary license for such purpose from the State
23-27 Board of Dental Examiners;
24-1 (13) a dental hygienist who is a faculty member of a
24-2 dental or dental hygiene school while practicing dental hygiene
24-3 only, in strict conformity with the laws regulating the practice of
24-4 dental hygiene;
24-5 (14) a dentist enrolled in remedial training programs
24-6 sponsored by the Commission on Dental Accreditation of the American
24-7 Dental Association at an accredited dental or dental hygiene school
24-8 while participating in such a program in this state;
24-9 (15) a dental hygienist enrolled in remedial training
24-10 programs sponsored by the Commission on Dental Accreditation of the
24-11 American Dental Association at an accredited dental or dental
24-12 hygiene school while participating in such a program in this state
24-13 in strict conformity with the laws regulating the practice of
24-14 dental hygiene, except that supervision may be provided by a
24-15 demonstrator or teacher who is a dentist member of the program;
24-16 (16) a dentist who is not licensed in this state and
24-17 who is a candidate enrolled to take the dental clinical examination
24-18 offered by the Western Regional Examining Board in this state while
24-19 taking the examination;
24-20 (17) a dental hygienist who is not licensed in this
24-21 state and who is a candidate enrolled to take the dental hygiene
24-22 clinical examination offered by the Western Regional Examining
24-23 Board in this state while taking the examination if participation
24-24 is in strict conformity with the laws of this state regulating the
24-25 practice of dental hygiene, except that supervision may be provided
24-26 by a dentist whose services are secured by the Western Regional
24-27 Examining Board;
25-1 (18) a dentist whose license is in retired status or
25-2 who is licensed in another state and is attending a continuing
25-3 education clinical program offered at a dental or dental hygiene
25-4 school accredited by the Commission on Dental Accreditation of the
25-5 American Dental Association while attending the program; or
25-6 (19) a dental hygienist whose dental hygienist license
25-7 is in retired status or who is licensed in another state and is
25-8 attending a continuing education clinical program offered at a
25-9 dental or dental hygiene school accredited by the Commission on
25-10 Dental Accreditation of the American Dental Association while
25-11 attending the program if tasks are performed in strict conformity
25-12 with the laws regulating the practice of dental hygiene, except
25-13 that supervision may be provided by a dentist member of the
25-14 program.
25-15 SECTION 22. Section 2, Chapter 475, Acts of the 52nd
25-16 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
25-17 Civil Statutes), is amended to read as follows:
25-18 Sec. 2. QUALIFICATIONS. Each applicant for a license to
25-19 practice [A] dental hygiene in this state [hygienist] shall be:
25-20 (1) not less than eighteen (18) years of age;
25-21 (2) of good moral character;
25-22 (3) [and] a graduate of an accredited high school or
25-23 hold a certificate of high school equivalency (GED); and
25-24 (4) [be] a graduate of a recognized school or college
25-25 of [dentistry or] dental hygiene accredited by the Commission on
25-26 Dental Accreditation of the American Dental Association and
25-27 approved by the State Board of Dental Examiners.
26-1 SECTION 23. Section 3(b), Chapter 475, Acts of the 52nd
26-2 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
26-3 Civil Statutes), is amended to read as follows:
26-4 (b) All work performed by a dental hygienist in the practice
26-5 of dental hygiene, as defined in this Act, shall be performed in
26-6 the dental office of the supervising dentist or dentists who are
26-7 legally engaged in the practice of dentistry in this state[, by
26-8 whom he or she must be employed,] or under the supervision of a
26-9 supervising dentist in an alternate setting, including, but not
26-10 limited to, a nursing home, [or] the patient's home, a school, a
26-11 hospital, a state institution, a public health clinic, or another
26-12 institution [provided that the hygienist is licensed to perform the
26-13 delegated procedure and the supervising dentist examines the
26-14 patient during the 12 months preceding the performance of the
26-15 procedure by the dental hygienist or at the time the procedure is
26-16 performed, except where employed by schools, hospitals, state
26-17 institutions, public health clinics or other institutions that have
26-18 applied to and been approved by the Texas State Board of Dental
26-19 Examiners as a proper location for the performance of a dental
26-20 procedure].
26-21 SECTION 24. Section 4A(d), Chapter 475, Acts of the 52nd
26-22 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
26-23 Civil Statutes), is amended to read as follows:
26-24 (d) A member of the advisory committee is entitled to the
26-25 compensatory per diem set by the General Appropriations Act for
26-26 each day that the member engages in committee business. [Except
26-27 for transportation expenses, a member is not entitled to
27-1 reimbursement for travel expenses.] A member may receive [is
27-2 entitled to] reimbursement for travel [transportation] expenses,
27-3 including expenses for meals and lodging [as provided by the
27-4 General Appropriations Act].
27-5 SECTION 25. Section 5, Chapter 475, Acts of the 52nd
27-6 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
27-7 Civil Statutes), is amended to read as follows:
27-8 Sec. 5. EXAMINATION. (a) It shall be the duty of the Board
27-9 to provide for the examination of all qualified applicants for
27-10 licensure as dental hygienists in this State. All applicants for
27-11 licensure [examination] shall pay an application [a] fee set by the
27-12 Board to said Board as determined by said Board according to its
27-13 needs and shall apply upon forms furnished by the Board and shall
27-14 furnish such other information as the Board may in its discretion
27-15 require to determine any applicant's qualifications. An applicant
27-16 must attach to the application proof that the applicant has
27-17 successfully completed a current course in cardiopulmonary
27-18 resuscitation given or approved by the American Heart Association
27-19 or American Red Cross before the date on which the applicant
27-20 submits the application or, in the event that the applicant is not
27-21 physically capable of successfully completing such training, a
27-22 written statement executed by either a licensed physician or an
27-23 instructor in cardiopulmonary resuscitation approved by the
27-24 American Heart Association or American Red Cross that describes
27-25 such physical incapacity.
27-26 (b) The examination shall be taken by all applicants on such
27-27 subjects and operations pertaining to dentistry and dental hygiene
28-1 which shall include Dental Anatomy, Pharmacology, X-Ray, Ethics,
28-2 Jurisprudence, and Hygiene, and such other subjects as are
28-3 regularly taught in reputable schools of dentistry and dental
28-4 hygiene, as the Board in its discretion may require.
28-5 (c) The Board shall contract with an independent or regional
28-6 testing service for any required clinical examination.
28-7 (d) In the event that the Board uses a regional testing
28-8 service, the Board is authorized to contract for or otherwise use
28-9 the services of licensed dental hygienists in this State for the
28-10 purpose of providing assistance to the regional testing service.
28-11 (e) The Board shall have the written portion of the Board's
28-12 jurisprudence examination validated by an independent testing
28-13 professional.
28-14 (f) The Board shall report such grades to the applicant
28-15 within a reasonable time after such examination. If the Board
28-16 contracts with an independent or regional testing service, the
28-17 contract with the independent or regional testing service shall
28-18 provide for notification of results. Each[, and each] applicant
28-19 who has satisfactorily passed all phases of the examination as
28-20 determined by the Board shall be entitled to and shall be issued a
28-21 license permitting such applicant to practice dental hygiene in the
28-22 State of Texas as is defined and regulated by the law of this
28-23 State.
28-24 (g) [(b)] The Board by rule shall set the number of and
28-25 conditions for examination retakes. The Board may require an
28-26 applicant who fails the examination to meet additional education
28-27 requirements set by the Board.
29-1 SECTION 26. Section 5A(b), Chapter 475, Acts of the 52nd
29-2 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
29-3 Civil Statutes), is amended to read as follows:
29-4 (b) The State Board of Dental Examiners by rule shall:
29-5 (1) require a licensee to complete at least 12 [36]
29-6 hours of continuing education for [in] each annual registration
29-7 [three-year] period as a prerequisite to renewal for a subsequent
29-8 annual period [to maintain licensure];
29-9 (2) identify the key factors that lead to the
29-10 competent performance of professional duties under this Act;
29-11 (3) develop a process to evaluate and approve
29-12 continuing education courses; and
29-13 (4) develop a process to assess a licensee's
29-14 participation and performance in continuing education courses that
29-15 will enable the Board to evaluate the overall effectiveness of the
29-16 program.
29-17 SECTION 27. Subsections (c) and (d), Section (6), Article
29-18 4551f, Revised Statutes, are amended to read as follows:
29-19 (c) If the owner or manager of a dental laboratory required
29-20 to be registered under this section fails to renew the registration
29-21 and pay the annual renewal fee before the expiration date as set by
29-22 the Board, the Board shall suspend the registration certificate of
29-23 that laboratory. An owner or manager may renew an unexpired
29-24 certificate by paying the required renewal fee to the Board on or
29-25 before the expiration date. If the certificate has been expired
29-26 for not more than 90 days, the owner or manager may renew the
29-27 certificate by paying to the Board the required renewal fee and a
30-1 fee equal to one-half the renewal fee. If the certificate has been
30-2 expired for more than 90 days but less than one year [two years],
30-3 the owner or manager may renew the certificate by paying to the
30-4 Board all unpaid renewal fees and a fee equal to the amount of the
30-5 initial registration fee. If the certificate has been expired for
30-6 one year [two years] or longer, the owner or manager may not renew
30-7 the certificate. To reinstate the certificate, the owner or
30-8 manager must comply with the requirements for obtaining an original
30-9 certificate.
30-10 (d) The owner of a dental laboratory registered with the
30-11 Board on September 1, 1987, is not required to submit proof that
30-12 the laboratory has at least one certified dental technician
30-13 employed by and working on the premises of the laboratory if:
30-14 (1) the registration of the laboratory has been
30-15 renewed each year [continuous] since that date and all registration
30-16 fees have been paid;
30-17 (2) the beneficial ownership of at least 51 percent of
30-18 the laboratory has not been transferred; and
30-19 (3) the owner is employed on the premises of the
30-20 laboratory not less than 30 hours each week.
30-21 SECTION 28. Article 4551j, Revised Statutes, is amended to
30-22 read as follows:
30-23 Art. 4551j. CIVIL IMMUNITY, OFFICIAL ACTS. In the
30-24 absence of fraud, conspiracy, or malice, no member of the Texas
30-25 State Board of Dental Examiners, its employees, part-time
30-26 employees, or persons who contract with the Board, nor any witness
30-27 called to testify by said board, nor any consultant or hearing
31-1 officer appointed by said board shall be liable or subject to suit
31-2 or suits for damages for alleged injury, wrong, loss, or damage
31-3 allegedly caused by any of said persons for any investigation,
31-4 report, recommendation, statement, evaluation, finding, order, or
31-5 award made in the course of any of said persons performing
31-6 assigned, designated, official, or statutory duties. This immunity
31-7 is enacted to relieve and protect the persons named from being
31-8 harassed and threatened with legal action while attempting to
31-9 perform official duties.
31-10 SECTION 29. The following laws are repealed:
31-11 (1) Section 2, Article 4544, Revised Statutes; and
31-12 (2) Section 2, Article 4544a, Revised Statutes.
31-13 SECTION 30. Section 5(b), Article 4544, Revised Statutes,
31-14 Section 5A(b), Chapter 475, Acts of the 52nd Legislature, Regular
31-15 Session, 1951 (Article 4551e, Vernon's Texas Civil Statutes), and
31-16 Subsection (c), Section (6), Article 4551f, Revised Statutes, as
31-17 amended by this Act, apply only to licenses and registrations that
31-18 expire after the effective date of this Act. Licenses and
31-19 registrations in effect the day before the effective date of this
31-20 Act continue to be valid and expire according to their own terms.
31-21 SECTION 31. This Act takes effect September 1, 1999.
31-22 SECTION 32. The importance of this legislation and the
31-23 crowded condition of the calendars in both houses create an
31-24 emergency and an imperative public necessity that the
31-25 constitutional rule requiring bills to be read on three several
31-26 days in each house be suspended, and this rule is hereby suspended.