1-1     By:  Lucio                                             S.B. No. 964
 1-2           (In the Senate - Filed March 5, 1999; March 9, 1999, read
 1-3     first time and referred to Committee on Health Services;
 1-4     April 8, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 8, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 964                 By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of dentists and dental hygienists.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsections (a) and (b), Section 3, Article
1-13     4543a, Revised Statutes, are amended to read as follows:
1-14           (a)  An officer, employee, or paid consultant of a Texas
1-15     trade association in the field of health care may not be a member
1-16     or employee of the Board who is exempt from the state's position
1-17     classification plan or is compensated at or above the amount
1-18     prescribed by the General Appropriations Act for B9 [step 1, salary
1-19     group 17,] of the position classification salary schedule.
1-20           (b)  A person who is the spouse of an officer, manager, or
1-21     paid consultant of a Texas trade association in the field of health
1-22     care may not be a Board member and may not be a Board employee who
1-23     is exempt from the state's position classification plan or is
1-24     compensated at or above the amount prescribed by the General
1-25     Appropriations Act for B9 [step 1, salary group 17,] of the
1-26     position classification salary schedule.
1-27           SECTION 2.  Article 4544, Revised Statutes, is amended to
1-28     read as follows:
1-29           Art. 4544.  EXAMINATION FOR LICENSE TO PRACTICE DENTISTRY
1-30           Sec. 1.  (a)  It shall be the duty of the Board to provide
1-31     for the examination of all applicants for license to practice
1-32     dentistry in this State.  Each person applying for a license [an
1-33     examination] shall pay to said Board an application [a] fee set by
1-34     the Board and shall be granted a license to practice dentistry in
1-35     this State upon his satisfactorily passing an examination provided
1-36     for by said Board on subjects and operations pertaining to
1-37     dentistry which shall include Anatomy, Physiology, Anaesthesia,
1-38     Biochemistry, Dental Materials, Diagnosis, Treatment Planning,
1-39     Ethics, Jurisprudence, Hygiene, Pharmacology, Operative Dentistry,
1-40     Oral Surgery, Orthodontia, Periodontia, Prosthetic Dentistry,
1-41     Pathology, Microbiology, and such other subjects as are regularly
1-42     taught in reputable Dental Schools as the Board may in its
1-43     discretion require.
1-44           (b)  The Board shall contract with an independent or regional
1-45     testing service for any required clinical examination.
1-46           (c)  In the event that the Board uses a regional testing
1-47     service, the Board is authorized to contract for or otherwise use
1-48     the services of licensed dentists in this state for the purpose of
1-49     providing assistance to the regional testing service.
1-50           (d)  The Board shall have the written portion of the Board's
1-51     jurisprudence examination validated by an independent testing
1-52     professional.
1-53           (e) [(b)]  The Board by rule shall set the number of and
1-54     conditions for examination retakes.  The Board may require an
1-55     applicant who fails the examination to meet additional education
1-56     requirements set by the Board.
1-57           Sec. 2.  (a)  [The Texas State Board of Dental Examiners may
1-58     provide in its rules and regulations the procedures, fees, and
1-59     requirements for graduates of foreign and/or nonaccredited Dental
1-60     Schools to become licensed to practice dentistry in Texas.]
1-61           [Sec. 3.]  Within 30 days after the day on which a licensing
1-62     examination is administered under this article, the Board shall
1-63     notify each examinee of the results of the examination.  However,
1-64     if an examination is graded or reviewed by a national testing
 2-1     service, the Board shall notify examinees of the results of the
 2-2     examination within two weeks after the day that the Board receives
 2-3     the results from the testing service.  If the notice of the
 2-4     examination results will be delayed for longer than 90 days after
 2-5     the examination date, the Board shall notify the examinee of the
 2-6     reason for the delay before the 90th day.
 2-7           (b)  If the Board contracts with an independent or regional
 2-8     testing service, this section does not apply.  The contract with
 2-9     the independent or regional testing service shall provide for
2-10     notification of results as provided by Subsection (a) of this
2-11     section.
2-12           Sec. 3.  (a)  [Sec. 4.]  If requested in writing by a person
2-13     who fails the licensing examination administered under this
2-14     article, the Board shall furnish the person with an analysis of the
2-15     person's performance on the examination as prescribed by Board
2-16     rule.
2-17           (b)  If the Board contracts with an independent or regional
2-18     testing service, this section does not apply.  The contract with
2-19     the independent or regional testing service shall provide for
2-20     notification of results as provided by Subsection (a) of this
2-21     section.
2-22           Sec. 4. [Sec. 5.]  (a)  The Board shall develop a mandatory
2-23     continuing education program.
2-24           (b)  The Board by rule shall:
2-25                 (1)  require a licensee to complete at least 12 [36]
2-26     hours of continuing education for [in] each annual registration
2-27     [three-year] period as a prerequisite to renewal for a subsequent
2-28     annual period [to maintain licensure];
2-29                 (2)  identify the key factors that lead to the
2-30     competent performance of professional duties under this Act;
2-31                 (3)  develop a process to evaluate and approve
2-32     continuing education courses; and
2-33                 (4)  develop a process to assess a licensee's
2-34     participation and performance in continuing education courses that
2-35     will enable the Board to evaluate the overall effectiveness of the
2-36     program.
2-37           (c)  The Board is authorized to assess the continuing
2-38     education needs of licensees and may require licensees to attend
2-39     continuing education courses specified by the Board.
2-40           SECTION 3.  Article 4545, Revised Statutes, is amended to
2-41     read as follows:
2-42           Art. 4545.  QUALIFICATIONS OF APPLICANTS.  Each applicant for
2-43     a license to practice dentistry in this state shall be not less
2-44     than twenty-one (21) years of age and [shall present evidence] of
2-45     good moral character and shall present:
2-46                 (1)  proof of graduation from a dental school
2-47     accredited by the Commission on Dental Accreditation of the
2-48     American Dental Association; or
2-49                 (2)  proof of:
2-50                       (A)  graduation from a dental school that is not
2-51     accredited by the Commission on Dental Accreditation of the
2-52     American Dental Association; and
2-53                       (B)  successful completion of training in an
2-54     American Dental Association approved specialty in an education
2-55     program that is accredited by the Commission on Dental
2-56     Accreditation and that consists of at least two years of training
2-57     as specified by the Council on Dental Education.
2-58           SECTION 4.  Subsection (a), Section 1, Article 4545a, Revised
2-59     Statutes, is amended to read as follows:
2-60           (a)  The State Board of Dental Examiners, upon payment by the
2-61     applicant of a fee set by the Board, shall grant a license to
2-62     practice dentistry to any reputable dentist or a license to
2-63     practice dental hygiene to any reputable [dentist or] dental
2-64     hygienist who:
2-65                 (1)  is licensed in good standing as a dentist or
2-66     dental hygienist in another state, the District of Columbia, or a
2-67     territory of the United States that has licensing requirements that
2-68     are substantially equivalent to the requirements of this Act;
2-69                 (2)  has not been the subject of final or pending
 3-1     disciplinary action in any jurisdiction in which the dentist or
 3-2     dental hygienist is or has been licensed;
 3-3                 (3)  has graduated from a dental or dental hygiene
 3-4     school accredited by the Commission on Dental Accreditation of the
 3-5     American Dental Association and approved by the Board according to
 3-6     rules established by the Board;
 3-7                 (4)  has passed a national or other examination
 3-8     recognized by the Board relating to dentistry or dental hygiene;
 3-9                 (5)  has successfully completed the Board's
3-10     jurisprudence examination;
3-11                 (6)  has submitted documentation of current
3-12     cardiopulmonary resuscitation certification;
3-13                 (7)  has practiced dentistry or dental hygiene:
3-14                       (A)  for a minimum of five years immediately
3-15     prior to applying; or
3-16                       (B)  as a dental educator at a dental school or
3-17     dental hygiene school accredited by the Commission on Dental
3-18     Accreditation of the American Dental Association for the five years
3-19     immediately preceding the date of applying for the license; and
3-20                 (8)  has met any additional criteria established by
3-21     Board rule.
3-22           SECTION 5.  Article 4547a, Revised Statutes, is amended to
3-23     read as follows:
3-24           Art. 4547a.  AID TO THE BOARD.  The Texas State Board of
3-25     Dental Examiners shall have power and authority to appoint such
3-26     committees, clerks, advisors, consultants, dentists, hygienists,
3-27     and/or examiners to aid the board to carry out its duties as it
3-28     deems necessary and advisable and may reimburse said persons so
3-29     appointed in such amounts as is reasonable and in conformity with
3-30     the provisions of the general appropriations bill as enacted by the
3-31     Texas Legislature.
3-32           SECTION 6.  Article 4548d, Revised Statutes, is amended to
3-33     read as follows:
3-34           Art. 4548d.  SHALL EXHIBIT ANNUAL REGISTRATION CERTIFICATE
3-35     [LICENSE].  Any person authorized to practice dentistry or dental
3-36     hygiene [surgery] in this State either under this or any former law
3-37     of Texas, shall place the person's current registration certificate
3-38     [his license] on exhibition in each [his] office where said dentist
3-39     or dental hygienist provides dental services.  When a dentist or
3-40     dental hygienist provides dental services at more than one
3-41     location, the person may display a duplicate of the original
3-42     registration certificate obtained from the State Board of Dental
3-43     Examiners for a duplicate certificate fee set by the Board [license
3-44     shall be in plain view of patients].  No such person shall do any
3-45     operation in the mouth of a patient, or treat any lesions of the
3-46     mouth or teeth, without having said registration certificate
3-47     [license] so exhibited.
3-48           SECTION 7.  Article 4548e, Revised Statutes, is amended to
3-49     read as follows:
3-50           Art. 4548e.  USE OF TRADE NAME.  Any person, corporation,
3-51     company, or association may use a corporation, company,
3-52     association, or trade name.  Any advertisement by a person, [the]
3-53     corporation, company, or association[, or trade name] must include
3-54     prominently the name of at least one dentist practicing under such
3-55     name, and if the advertisement refers to one or more locations
3-56     where dental services are provided, it must include, for each
3-57     location, the name of at least one dentist who provides services at
3-58     that location.  The person, corporation, company, or association
3-59     shall file with the State Board of Dental Examiners a list of all
3-60     dentists who practice under the name and a list of each trade name
3-61     used if the trade name is different from the corporation, company,
3-62     or association name.  A list required under this section must be
3-63     updated and filed with the Board not later than the 30th day after
3-64     the date of the change.  Each day of violation of this Article
3-65     shall constitute a separate offense.
3-66           SECTION 8.  Article 4548g, Revised Statutes, is amended to
3-67     read as follows:
3-68           Art. 4548g.  UNPROFESSIONAL CONDUCT.  It shall be unlawful
3-69     for any person, firm, or corporation to engage in or be guilty of
 4-1     any unprofessional conduct pertaining to dentistry directly or
 4-2     indirectly.  Any unprofessional conduct, as used herein, means and
 4-3     includes any one or more of the following acts:
 4-4                 (1)  obtaining or attempting to collect any fee by
 4-5     fraud or misrepresentation;
 4-6                 (2)  soliciting dental business by means of oral
 4-7     [verbal] communication, in person or otherwise, directed to an
 4-8     individual or group of less than five individuals, which is
 4-9     primarily for the purpose of attracting the patronage of such
4-10     individual or group to a particular practice of dentistry;
4-11                 (3)  employing, directly or indirectly, or permitting
4-12     any unlicensed person to perform dental services upon any person,
4-13     except as otherwise authorized by law or the rules and regulations
4-14     of the State Board of Dental Examiners;
4-15                 (4)  claiming or circulating any statement of
4-16     professional superiority or the performance of professional
4-17     services in a superior manner;
4-18                 (5)  forging, altering, or changing any diploma,
4-19     license, registration certificate, transcript, or any other legal
4-20     document pertaining to the practice of dentistry, being a party
4-21     thereto or beneficiary thereof, or making any false statement about
4-22     or in securing such document, or being guilty of misusing the same;
4-23                 (6)  accepting employment as a dentist under any
4-24     referral scheme which is false, misleading, or deceptive;
4-25                 (7)  advertising to perform any dental work without
4-26     pain or discomfort to the patient; or
4-27                 (8)  advertising predictions of future satisfaction or
4-28     success of any dental service.
4-29           SECTION 9.  Article 4549, Revised Statutes, is amended to
4-30     read as follows:
4-31           Art. 4549.  REFUSAL TO [EXAMINE OR] ISSUE LICENSE; JUDICIAL
4-32     SUSPENSIONS AND REVOCATIONS
4-33           Sec. 1.  The State Board of Dental Examiners shall have
4-34     authority to refuse to issue a license by examination to a dental
4-35     or dental hygiene applicant [examine any person or refuse to issue
4-36     a dental license or a dental hygienist license to any person] for
4-37     any one or more of the following causes:
4-38                 (a)  Proof of presentation to the Board of any
4-39     dishonest or fake evidence of qualification, or being guilty of any
4-40     illegality, fraud, or deception in the process of examination, or
4-41     for the purpose of securing a license or certificate.
4-42                 (b)  Proof of chronic or habitual intoxication or
4-43     addiction to drugs on the part of the applicant.
4-44                 (c)  Proof that the applicant has been guilty of
4-45     dishonest or illegal practices in or connected with the practice of
4-46     dentistry or dental hygiene.
4-47                 (d)  Proof of conviction of the applicant of a felony
4-48     under the laws of this State or any other State or of the United
4-49     States.
4-50                 (e)  Proof that the applicant violated any of the
4-51     provisions of the statutes of the State of Texas relating to the
4-52     practice of dentistry or any provisions of Chapter 9, Title 71,
4-53     Revised Statutes, within 12 months before the filing of an
4-54     application for the license.
4-55           Sec. 2.  The State Board of Dental Examiners shall have
4-56     jurisdiction and authority, after notice and hearing, to suspend or
4-57     revoke a dental license or a dental hygienist license, to impose a
4-58     fine on a person licensed under this chapter, to place on probation
4-59     with conditions a person whose license or certificate is suspended,
4-60     or to reprimand a licensee or certificate holder, and in addition
4-61     to or in lieu of said suspension, revocation, probation, or
4-62     reprimand, to assess an administrative penalty as provided for in
4-63     Article 4548j, Revised Statutes, for any one or more of the
4-64     following causes:
4-65                 (a)  Proof of insanity of the holder of a license or
4-66     certificate, as adjudged by the regularly constituted authorities.
4-67                 (b)  Proof of conviction of the holder of a license or
4-68     certificate of a misdemeanor involving fraud or any felony [or a
4-69     misdemeanor involving fraud] under the laws of this State or any
 5-1     other State or of the United States.
 5-2                 (c)  That the holder [thereof has been or] is guilty of
 5-3     dishonorable conduct[, malpractice, gross incompetency,] or failure
 5-4     to treat a patient according to the standard of care in the
 5-5     practice of dentistry or dental hygiene.
 5-6                 (d)  That the holder thereof has been or is guilty of
 5-7     any deception or misrepresentation for the purpose of soliciting or
 5-8     obtaining patronage.
 5-9                 (e)  That the holder thereof procured a license or
5-10     certificate through fraud or misrepresentation.
5-11                 (f)  That the holder thereof is addicted to or is
5-12     habitually intemperate in [habitual intoxication or] the use of
5-13     alcoholic beverages or drugs or has improperly obtained, possessed,
5-14     used, or distributed habit-forming drugs or narcotics.
5-15                 (g)  That a dentist employs or permits or has employed
5-16     or permitted persons to practice dentistry in the office or offices
5-17     under his control or management, who were not licensed to practice
5-18     dentistry.
5-19                 (h)  That the holder thereof has failed to use proper
5-20     diligence in the conduct of his practice or to safeguard his
5-21     patients against avoidable infections.
5-22                 (i)  That the holder thereof has failed or refused to
5-23     comply with any State law relating to the regulation of dentists or
5-24     dental hygienists.
5-25                 (j)  That the holder thereof has failed or refused to
5-26     comply with the adopted and promulgated rules and regulations of
5-27     the Board.
5-28                 (k)  That the holder thereof is physically or mentally
5-29     incapable of practicing with safety to dental patients.
5-30                 (l)  That the holder thereof has been negligent in the
5-31     performance of dental services which injured or damaged dental
5-32     patients.
5-33                 (m)  Proof of suspension, revocation, probation,
5-34     reprimand, or other restriction by another State of a license or
5-35     certificate to practice dentistry or dental hygiene based upon acts
5-36     by the licensee or certificate holder enumerated in this section.
5-37                 (n)  That the holder thereof has knowingly provided or
5-38     agreed to provide dental care in a manner which violates any
5-39     provision of federal or State law regulating a plan whereby any
5-40     person undertakes to provide, arrange for, pay for, or reimburse
5-41     any part of the cost of any dental care services or regulating the
5-42     business of insurance.
5-43           Sec. 3.  (a)  If the Board proposes to refuse to issue a
5-44     license by examination to a dental or dental hygiene applicant or
5-45     [examine a person,] to suspend or revoke a license, to impose a
5-46     fine, to place on probation a person whose license has been
5-47     suspended, or to reprimand a license holder, the person is entitled
5-48     to a hearing under Chapter 2001, Government Code.
5-49           (b)  The hearing under this section and an appeal from the
5-50     hearing under this section are governed by Chapter 2001, Government
5-51     Code (Administrative Procedure Act).
5-52           SECTION 10.  Article 4549-1.1, Revised Statutes, is amended
5-53     to read as follows:
5-54           Art. 4549-1.1.  SUBPOENA POWER.  The State Board of Dental
5-55     Examiners may request and, if necessary, compel by subpoena the
5-56     attendance of witnesses for examination under oath and the
5-57     production for inspection and copying of books, accounts, records,
5-58     papers, correspondence, documents, and other evidence relevant to
5-59     the investigation of alleged violations of the provisions of the
5-60     statutes of the State of Texas relating to the practice of
5-61     dentistry or any provisions of this chapter.  If a person fails to
5-62     comply with a subpoena issued under this article, the board, acting
5-63     through the attorney general, may file suit to enforce the subpoena
5-64     in a district court in Travis County [or in the county in which a
5-65     hearing conducted by the board may be held].  The court, if it
5-66     determines that good cause exists for the issuance of the subpoena,
5-67     shall order compliance with the requirements of the subpoena.
5-68     Failure to obey the order of the court may be punished by the court
5-69     as contempt.
 6-1           SECTION 11.  Article 4549-2, Revised Statutes, is amended to
 6-2     read as follows:
 6-3           Art. 4549-2.  RECORDS OF THE DENTIST.  Records of the
 6-4     diagnosis made and the treatment performed for and on a dental
 6-5     patient shall be the property of the dentist who performs the
 6-6     dental service and may not be sold, pledged as collateral, or
 6-7     otherwise transferred to any person other than the patient unless
 6-8     the other person is a dentist licensed by the Board and the
 6-9     transfer is made in compliance with rules relating to the transfer
6-10     of records as may be adopted by the Board.  The owning dentist
6-11     shall furnish to a patient, on request, copies of the patient's
6-12     dental records in accordance with rules relating to patient records
6-13     adopted by the Board.  Nothing herein shall prevent the voluntary
6-14     submission of records to insurance companies for the purpose of
6-15     determining benefits.
6-16           SECTION 12.  Article 4550, Revised Statutes, is amended to
6-17     read as follows:
6-18           Art. 4550.  RECORDS OF THE BOARD
6-19           Sec. 1.  The Board shall keep records in which shall be
6-20     registered the name and permanent address [residence] and place of
6-21     business of all persons authorized under this law to practice
6-22     dentistry, dental hygiene and such other professions or businesses
6-23     under its jurisdiction as provided by law.  Each dentist, dental
6-24     hygienist, dental laboratory, and dental technician registered with
6-25     the Board shall timely notify the Board in writing of:
6-26                 (1)  any change of address of the place of business of
6-27     such dentist, hygienist, laboratory, or technician; and
6-28                 (2)  any change of employers by such dentist,
6-29     hygienist, laboratory, or technician, and any change of owners of
6-30     the laboratory.
6-31           The Board is timely notified if it receives the notice within
6-32     60 days after the date the change occurs.
6-33           Sec. 2.  All of the records and files of the State Board of
6-34     Dental Examiners shall be public records and open to inspection at
6-35     reasonable times, except the investigation files and records which
6-36     shall be confidential and shall be divulged only to persons so
6-37     investigated upon completion of said investigation.  It is not a
6-38     violation of this section for the Board to share investigation
6-39     files and records with another state regulatory agency or a local,
6-40     state, or federal law enforcement agency [during the course of a
6-41     joint investigation or in determining the feasibility of conducting
6-42     an investigation].
6-43           SECTION 13.  Section 1, Article 4550a, Revised Statutes, is
6-44     amended to read as follows:
6-45           Sec. 1.  It shall be the duty of all persons holding a dental
6-46     license or dental hygienist license issued by the State Board of
6-47     Dental Examiners to annually apply and to be registered as such
6-48     practitioners with the State Board of Dental Examiners on or before
6-49     the expiration date of the license [March 1st of each calendar
6-50     year].  Each person so registering shall pay in connection with
6-51     such annual registration for the receipt hereinafter provided for,
6-52     a fee as determined by said Board according to the needs of said
6-53     Board, such payment to be made by each person to such Board, and
6-54     every person so registering shall file with said Board a written
6-55     application setting forth such facts as the Board may require.  A
6-56     person holding a dental or dental hygienist license must attach to
6-57     the application proof that the applicant has successfully completed
6-58     a current course [of current certification] in cardiopulmonary
6-59     resuscitation given or approved by the American Heart Association
6-60     or American Red Cross or, in the event that the applicant [person]
6-61     is not physically capable of successfully completing such training,
6-62     a written statement executed by either a licensed physician or an
6-63     instructor in cardiopulmonary resuscitation approved by the
6-64     American Heart Association or American Red Cross that describes
6-65     such physical incapacity.  In lieu of this requirement for
6-66     completion of a current course in [annual] cardiopulmonary
6-67     resuscitation [certification], a dentist or dental hygienist
6-68     licensed by the State Board of Dental Examiners and residing in a
6-69     country other than the United States may satisfy this requirement
 7-1     by submitting proof of residence upon the annual date of renewal.
 7-2     Upon receipt of such applications, accompanied by such fees, said
 7-3     Board, after ascertaining either from its records or other sources
 7-4     deemed by it to be reliable that the applicant holds a valid
 7-5     license or certificate to practice in this State, shall issue to
 7-6     the applicant an annual registration certificate or receipt
 7-7     certifying that he has filed such application and has paid the
 7-8     required fee; provided that the filing of such application, the
 7-9     payment of such fee, and the issuance of such receipt therefor
7-10     shall not entitle the holder thereof to lawfully practice within
7-11     the State of Texas unless he in fact holds a license or certificate
7-12     as such practitioner issued by the State Board of Dental Examiners,
7-13     as provided by this law, and unless said license or certificate is
7-14     in full force and effect; and provided further, that in any
7-15     prosecution for unlawful practice such receipt showing payment of
7-16     the annual registration fee required by this chapter shall not be
7-17     treated as evidence that the holder thereof is lawfully entitled to
7-18     practice.
7-19           SECTION 14.  Subsections (c), (d), (e), and (h), Section 2,
7-20     Article 4550a, Revised Statutes, are amended to read as follows:
7-21           (c)  If a person's license or certificate has been expired
7-22     for not longer than ninety (90) days, the person may renew it by
7-23     paying to the Board the required renewal fee and a fee that is
7-24     one-half of the application [examination] fee for the license or
7-25     certificate.
7-26           (d)  If a person's license or certificate has been expired
7-27     for longer than ninety (90) days but less than one year, the person
7-28     may renew it by paying to the Board all unpaid renewal fees and a
7-29     fee that is equal to the application [examination] fee for the
7-30     license or certificate.
7-31           (e)  If a person's license or certificate has been expired
7-32     for one year or longer, the person may not renew it[, except as
7-33     provided by Section 2A of this article].  The person may obtain a
7-34     new license or certificate by submitting to reexamination and
7-35     complying with the requirements and procedures for obtaining an
7-36     original license or certificate.  However, the Board may adopt
7-37     rules providing for renewal without reexamination of an expired
7-38     license of a person who was licensed in this state, moved to
7-39     another state, and is currently licensed and has been in practice
7-40     in the other state for the two years preceding application.  The
7-41     person must pay to the Board a fee that is equal to the examination
7-42     fee for the license.
7-43           (h)  The Board by rule may adopt a system under which
7-44     licenses expire on various dates during the year.  [For the year in
7-45     which the license expiration date is changed, license fees payable
7-46     on March 1 shall be prorated on a monthly basis so that each
7-47     licensee shall pay only that portion of the license fee that is
7-48     allocable to the number of months during which the license is
7-49     valid.  On renewal of the license on the new expiration date, the
7-50     total license renewal fee is payable.]
7-51           SECTION 15.  Subsection (i), Section 4, Article 4550a,
7-52     Revised Statutes, is amended to read as follows:
7-53           (i)  The Board shall develop and implement policies that
7-54     provide the public with a reasonable opportunity to appear before
7-55     the Board and to speak on any issue under the jurisdiction of the
7-56     Board, except to the extent that that communication would be ex
7-57     parte under any provision of law.
7-58           SECTION 16.  Subsection (a), Article 4550c, Revised Statutes,
7-59     is amended to read as follows:
7-60           (a)  Each dental application [examination] fee and dentist
7-61     annual renewal fee imposed by or under Subsection (b), Article
7-62     4551, Revised Statutes, is increased by $200.
7-63           SECTION 17.  Article 4551a, Revised Statutes, is amended to
7-64     read as follows:
7-65           Art. 4551a.  PERSONS REGARDED AS PRACTICING DENTISTRY.  Any
7-66     person shall be regarded as practicing dentistry within the meaning
7-67     of this Chapter:
7-68                 (1)  Who publicly professes to be a dentist or dental
7-69     surgeon or who uses or permits to be used for himself or for any
 8-1     other person, the title of "Doctor," "Dr.," "Doctor of Dental
 8-2     Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," or any
 8-3     other letters, titles, terms or descriptive matter, including use
 8-4     of the terms "denturist" or "denturism," which directly or
 8-5     indirectly represents him as being able to diagnose, treat, remove
 8-6     stains or concretions from teeth, provide surgical and adjunctive
 8-7     treatment for any disease, pain, injury, deficiency, deformity or
 8-8     physical condition of the human teeth, oral cavity, alveolar
 8-9     process, gums, jaws or directly related and adjacent masticatory
8-10     structures.
8-11                 (2)  Who shall offer or undertake by any means or
8-12     methods whatsoever, to clean teeth or to remove stains, concretions
8-13     or deposits from teeth in the human mouth, or who shall undertake
8-14     or offer to diagnose, treat, operate, or prescribe by any means or
8-15     methods for any disease, pain, injury, deficiency, deformity, or
8-16     physical condition of the human teeth, oral cavity, alveolar
8-17     process, gums, or jaws.
8-18                 (3)  Any person who shall offer or undertake in any
8-19     manner to prescribe or make, or cause to be made, an impression of
8-20     any portion of the human mouth, teeth, gums, or jaws, for the
8-21     purpose of diagnosing, prescribing, treating, or aiding in the
8-22     diagnosing, prescribing or treating, any physical condition of the
8-23     human mouth, teeth, gums or jaws, or for the purpose of
8-24     constructing or aiding in the construction of any dental appliance,
8-25     denture, dental bridge, false teeth, dental plate or plates of
8-26     false teeth, or any other substitute for human teeth.
8-27                 (4)  Any one who owns, manages, maintains, or operates
8-28     any office or place of business where he employs or engages, under
8-29     any kind of contract whatsoever, any other person or persons to
8-30     practice dentistry as above defined shall be deemed to be
8-31     practicing dentistry himself and shall himself be required to be
8-32     duly licensed to practice dentistry as hereinabove defined, and
8-33     shall be subject to all of the other provisions of this Chapter,
8-34     even though the person or persons so employed or engaged by him
8-35     shall be duly licensed to practice dentistry as hereinabove
8-36     defined, unless otherwise provided by law.
8-37                 (5)  Any person, firm, group, association, or
8-38     corporation who shall offer or undertake to fit, adjust, repair, or
8-39     substitute in the human mouth or directly related and adjacent
8-40     masticatory structures any dental appliance, structure, prosthesis,
8-41     or denture, or who shall aid or cause to be fitted, adjusted,
8-42     repaired, or substituted in the human mouth or directly related and
8-43     adjacent masticatory structures any dental appliance, structure,
8-44     prosthesis, or denture.
8-45                 (6)  Who makes, fabricates, processes, constructs,
8-46     produces, reproduces, duplicates, repairs, relines, or fixes any
8-47     full or partial denture, any fixed or removable dental bridge or
8-48     appliance, any dental plate or plates of false teeth, any
8-49     artificial dental restoration, or any substitute or corrective
8-50     device or appliance for the human teeth, gums, jaws, mouth,
8-51     alveolar process, or any part thereof for another, or who in any
8-52     manner offers, undertakes, aids, abets, or causes another person so
8-53     to do for another, without a written prescription or work-order
8-54     therefor signed by the dentist legally engaged in the practice of
8-55     dentistry in this state or in the jurisdiction where such dentist
8-56     maintains his dental office and who prescribed and ordered same.
8-57                 (7)  Who shall offer or undertake or cause another to
8-58     do, directly or indirectly, for any person any act, service, or
8-59     work in the practice of dentistry or any part thereof as provided
8-60     for in the laws of Texas relating to the practice of dentistry
8-61     including without limitation the inducing, administering,
8-62     prescribing, or dispensing any anesthesia, anesthetic drug,
8-63     medicine, or agent in anywise incidental to or in connection with
8-64     the practice of dentistry; or who permits or allows another to use
8-65     his license or certificate to practice dentistry in this state for
8-66     the purpose of performing any act described in this Article; or who
8-67     shall aid or abet, directly or indirectly, the practice of
8-68     dentistry by any person not duly licensed to practice dentistry by
8-69     the State Board of Dental Examiners.
 9-1                 (8)  Who shall control, attempt to control, influence,
 9-2     attempt to influence, through a management agreement, or otherwise
 9-3     interfere with the exercise of a dentist's independent professional
 9-4     judgment regarding the diagnosis or treatment of any dental
 9-5     disease, disorder, or physical condition.  Rules adopted by the
 9-6     Board addressing the prohibitions in this section may prohibit a
 9-7     person who is not a dentist from directly or indirectly influencing
 9-8     or interfering with the exercise of a dentist's independent
 9-9     professional judgment.  However, nothing herein shall be construed
9-10     to require any entity to pay for services which are not provided
9-11     for in a contract or agreement or to exempt any dentist who is a
9-12     member of a hospital staff from adhering to hospital bylaws,
9-13     medical staff bylaws, or established policies approved by the
9-14     governing board and the medical and dental staff of the hospital.
9-15                 (9)  If the person holds the person out to be a
9-16     denturist or uses another title that is intended to convey to the
9-17     public that the services offered by the person are included within
9-18     the practice of dentistry.
9-19           SECTION 18.  Section 11, Chapter 244, General Laws, Acts of
9-20     the 44th Legislature, Regular Session, 1935 (Article 4551b,
9-21     Vernon's Texas Civil Statutes), is amended to read as follows:
9-22           Sec. 11.  The definition of dentistry as contained in Chapter
9-23     9, Title 71, Revised Statutes, shall not apply to:
9-24                 (1)  members of the faculty of a reputable dental or
9-25     dental hygiene college or school where such faculty members perform
9-26     their services for the sole benefit of such school or college;
9-27                 (2)  students of a reputable dental college who perform
9-28     their operations without pay except for actual cost of materials,
9-29     in the presence of and under the direct personal supervision of a
9-30     demonstrator or teacher who is a member of the faculty of a
9-31     reputable dental college;
9-32                 (3)  persons doing laboratory work on inert matter
9-33     only, and who do not solicit or obtain work, by any means, from a
9-34     person or persons not a licensed dentist actually engaged in the
9-35     practice of dentistry and who do not act as the agents or
9-36     solicitors of, or have any interest whatsoever in, any dental
9-37     office, practice or the receipts therefrom;
9-38                 (4)  physicians and surgeons legally authorized to
9-39     practice medicine as defined by the law of this state who do not
9-40     hold themselves out to the public as practicing dentistry;
9-41                 (5)  dental hygienists legally authorized to practice
9-42     dental hygiene in this state and who practice dental hygiene in
9-43     strict conformity with the laws of Texas regulating the practice of
9-44     dental hygiene;
9-45                 (6)  those persons who as members of an established
9-46     church practice healing by prayer only;
9-47                 (7)  employees of a dentist who make dental x-rays in
9-48     the dental office and under the supervision of such dentist or
9-49     dentists legally engaged in the practice of dentistry in this
9-50     state;
9-51                 (8)  Dental Health Service Corporations legally
9-52     chartered under Section A(1), Article 2.01, Texas Non-Profit
9-53     Corporation Act (Article 1396-2.01, Vernon's Texas Civil Statutes);
9-54                 (9)  dental interns and dental residents as defined and
9-55     regulated by the Texas State Board of Dental Examiners in its rules
9-56     and regulations;
9-57                 (10)  a student [students] of a dental hygiene program
9-58     accredited by the Commission on Dental Accreditation of the
9-59     American Dental Association and operated at an accredited
9-60     institution of higher education who practices [practice] dental
9-61     hygiene:
9-62                       (A)  without pay under the general supervision of
9-63     a dentist and under the supervision of a demonstrator or teacher
9-64     who is a member of the faculty of that program;
9-65                       (B)  in strict conformity with the laws of this
9-66     state regulating the practice of dental hygiene, except that they
9-67     may practice under the supervision of a demonstrator or teacher who
9-68     is a dentist member of the faculty of that program; and
9-69                       (C)  in a clinic operated:
 10-1                            (i)  for the sole benefit of the program's
 10-2    institution of higher education; or
 10-3                            (ii)  [in a clinic operated] by a
 10-4    government or nonprofit organization that serves underserved
 10-5    populations, as determined by rule of the State Board of Dental
 10-6    Examiners [and in strict conformity with the laws of this state
 10-7    regulating the practice of dental hygiene];
 10-8                (11)  dental assistants who perform the duties
 10-9    permitted by Article 4551e-1, Revised Statutes, in strict
10-10    conformity with the laws of this state; [or]
10-11                (12)  dentists and dental hygienists licensed by
10-12    another state or foreign country who perform clinical procedures
10-13    only for professional and technical education demonstration
10-14    purposes, provided that such dentists and dental hygienists must
10-15    first obtain a temporary license for such purpose from the State
10-16    Board of Dental Examiners;
10-17                (13)  a dental hygienist who is a faculty member of a
10-18    dental or dental hygiene school while practicing dental hygiene
10-19    only:
10-20                      (A)  under the supervision of a dentist member of
10-21    the faculty; and
10-22                      (B)  otherwise, in strict conformity with the
10-23    laws regulating the practice of dental hygiene;
10-24                (14)  a dentist enrolled in remedial training programs
10-25    sponsored by the Commission on Dental Accreditation of the American
10-26    Dental Association at an accredited dental or dental hygiene school
10-27    while participating in such a program in this state;
10-28                (15)  a dental hygienist enrolled in remedial training
10-29    programs sponsored by the Commission on Dental Accreditation of the
10-30    American Dental Association at an accredited dental or dental
10-31    hygiene school while participating in such a program in this state
10-32    in strict conformity with the laws regulating the practice of
10-33    dental hygiene, except that supervision may be provided by a
10-34    demonstrator or teacher who is a dentist member of the program;
10-35                (16)  a dentist who is not licensed in this state and
10-36    who is a candidate enrolled to take the dental clinical examination
10-37    offered by the Western Regional Examining Board in this state while
10-38    taking the examination;
10-39                (17)  a dental hygienist who is not licensed in this
10-40    state and who is a candidate enrolled to take the dental hygiene
10-41    clinical examination offered by the Western Regional Examining
10-42    Board in this state while taking the examination if participation
10-43    is in strict conformity with the laws of this state regulating the
10-44    practice of dental hygiene, except that supervision may be provided
10-45    by a dentist whose services are secured by the Western Regional
10-46    Examining Board;
10-47                (18)  a dentist whose license is in retired status or
10-48    who is licensed in another state and is attending a continuing
10-49    education clinical program offered at a dental or dental hygiene
10-50    school accredited by the Commission on Dental Accreditation of the
10-51    American Dental Association while attending the program; or
10-52                (19)  a dental hygienist whose dental hygienist license
10-53    is in  retired status or who is licensed in another state and is
10-54    attending a continuing education clinical program offered at a
10-55    dental or dental hygiene school accredited by the Commission on
10-56    Dental Accreditation of the American Dental Association while
10-57    attending the program if tasks are performed in strict conformity
10-58    with the laws regulating the practice of dental hygiene, except
10-59    that supervision may be provided by a dentist member of the
10-60    program.
10-61          SECTION 19.  Section 2, Chapter 475, Acts of the 52nd
10-62    Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
10-63    Civil Statutes), is amended to read as follows:
10-64          Sec. 2.  QUALIFICATIONS.  Each applicant for a license to
10-65    practice [A] dental hygiene in this state [hygienist] shall be:
10-66                (1)  not less than eighteen (18) years of age;
10-67                (2)  of good moral character;
10-68                (3)  [and] a graduate of an accredited high school or
10-69    hold a certificate of high school equivalency (GED); and
 11-1                (4)  [be]  a graduate of a recognized school or college
 11-2    of dentistry or dental hygiene accredited by the Commission on
 11-3    Dental Accreditation of the American Dental Association and
 11-4    approved by the State Board of Dental Examiners that includes at
 11-5    least two full academic years of instruction or its equivalent at
 11-6    the postsecondary level.
 11-7          SECTION 20.  Subsection (b), Section 3, Chapter 475, Acts of
 11-8    the 52nd Legislature, Regular Session, 1951 (Article 4551e,
 11-9    Vernon's Texas Civil Statutes), is amended to read as follows:
11-10          (b)  All work performed by a dental hygienist in the practice
11-11    of dental hygiene, as defined in this Act, shall be performed in
11-12    the dental office of the supervising dentist or dentists who are
11-13    legally engaged in the practice of dentistry in this state[, by
11-14    whom he or she must be employed,] or under the supervision of a
11-15    supervising dentist in an alternate setting, including, but not
11-16    limited to, a nursing home, [or] the patient's home, a school, a
11-17    hospital, a state institution, a public health clinic, or another
11-18    institution [provided that the hygienist is licensed to perform the
11-19    delegated procedure and the supervising dentist examines the
11-20    patient during the 12 months preceding the performance of the
11-21    procedure by the dental hygienist or at the time the procedure is
11-22    performed, except where employed by schools, hospitals, state
11-23    institutions, public health clinics or other institutions that have
11-24    applied to and been approved by the Texas State Board of Dental
11-25    Examiners as a proper location for the performance of a dental
11-26    procedure].
11-27          SECTION 21.  Subsection (d), Section 4A, Chapter 475, Acts of
11-28    the 52nd Legislature, Regular Session, 1951 (Article 4551e,
11-29    Vernon's Texas Civil Statutes), is amended to read as follows:
11-30          (d)  A member of the advisory committee is entitled to the
11-31    compensatory per diem set by the General Appropriations Act for
11-32    each day that the member engages in committee business.  [Except
11-33    for transportation expenses, a member is not entitled to
11-34    reimbursement for travel expenses.]  A member may receive [is
11-35    entitled to] reimbursement for travel [transportation] expenses,
11-36    including expenses for meals and lodging [as provided by the
11-37    General Appropriations Act].
11-38          SECTION 22.  Section 5, Chapter 475, Acts of the 52nd
11-39    Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
11-40    Civil Statutes), is amended to read as follows:
11-41          Sec. 5.  EXAMINATION.  (a)  It shall be the duty of the Board
11-42    to provide for the examination of all qualified applicants for
11-43    licensure as dental hygienists in this State.  All applicants for
11-44    licensure [examination] shall pay an application [a] fee set by the
11-45    Board to said Board as determined by said Board according to its
11-46    needs and shall apply upon forms furnished by the Board and shall
11-47    furnish such other information as the Board may in its discretion
11-48    require to determine any applicant's qualifications.  An applicant
11-49    must attach to the application proof that the applicant has
11-50    successfully completed a current course in cardiopulmonary
11-51    resuscitation given or approved by the American Heart Association
11-52    or American Red Cross before the date on which the applicant
11-53    submits the application or, in the event that the applicant is not
11-54    physically capable of successfully completing such training, a
11-55    written statement executed by either a licensed physician or an
11-56    instructor in cardiopulmonary resuscitation approved by the
11-57    American Heart Association or American Red Cross that describes
11-58    such physical incapacity.
11-59          (b)  The examination shall be taken by all applicants on such
11-60    subjects and operations pertaining to dentistry and dental hygiene
11-61    which shall include Dental Anatomy, Pharmacology, X-Ray, Ethics,
11-62    Jurisprudence, and Hygiene, and such other subjects as are
11-63    regularly taught in reputable schools of dentistry and dental
11-64    hygiene, as the Board in its discretion may require.
11-65          (c)  The Board shall contract with an independent or regional
11-66    testing service for any required clinical examination.
11-67          (d)  In the event that the Board uses a regional testing
11-68    service, the Board is authorized to contract for or otherwise use
11-69    the services of licensed dental hygienists in this State for the
 12-1    purpose of providing assistance to the regional testing service.
 12-2          (e)  The Board shall have the written portion of the Board's
 12-3    jurisprudence examination validated by an independent testing
 12-4    professional.
 12-5          (f)  The Board shall report such grades to the applicant
 12-6    within a reasonable time after such examination.  If the Board
 12-7    contracts with an independent or regional testing service, the
 12-8    contract with the independent or regional testing service shall
 12-9    provide for notification of results.  Each[, and each] applicant
12-10    who has satisfactorily passed all phases of the examination as
12-11    determined by the Board shall be entitled to and shall be issued a
12-12    license permitting such applicant to practice dental hygiene in the
12-13    State of Texas as is defined and regulated by the law of this
12-14    State.
12-15          (g) [(b)]  The Board by rule shall set the number of and
12-16    conditions for examination retakes.  The Board may require an
12-17    applicant who fails the examination to meet additional education
12-18    requirements set by the Board.
12-19          SECTION 23.  Subsection (b), Section 5A, Chapter 475, Acts of
12-20    the 52nd Legislature, Regular Session, 1951 (Article 4551e,
12-21    Vernon's Texas Civil Statutes), is amended to read as follows:
12-22          (b)  The State Board of Dental Examiners by rule shall:
12-23                (1)  require a licensee to complete at least 12 [36]
12-24    hours of continuing education for [in] each annual registration
12-25    [three-year] period as a prerequisite to renewal for a subsequent
12-26    annual period [to maintain licensure];
12-27                (2)  identify the key factors that lead to the
12-28    competent performance of professional duties under this Act;
12-29                (3)  develop a process to evaluate and approve
12-30    continuing education courses; and
12-31                (4)  develop a process to assess a licensee's
12-32    participation and performance in continuing education courses that
12-33    will enable the Board to evaluate the overall effectiveness of the
12-34    program.
12-35          SECTION 24.  Subsections (c) and (d), Section (6), Article
12-36    4551f, Revised Statutes, are amended to read as follows:
12-37          (c)  If the owner or manager of a dental laboratory required
12-38    to be registered under this section fails to renew the registration
12-39    and pay the annual renewal fee before the expiration date as set by
12-40    the Board, the Board shall suspend the registration certificate of
12-41    that laboratory.  An owner or manager may renew an unexpired
12-42    certificate by paying the required renewal fee to the Board on or
12-43    before the expiration date.  If the certificate has been expired
12-44    for not more than 90 days, the owner or manager may renew the
12-45    certificate by paying to the Board the required renewal fee and a
12-46    fee equal to one-half the renewal fee.  If the certificate has been
12-47    expired for more than 90 days but less than one year [two years],
12-48    the owner or manager may renew the certificate by paying to the
12-49    Board all unpaid renewal fees and a fee equal to the amount of the
12-50    initial registration fee.  If the certificate has been expired for
12-51    one year [two years] or longer, the owner or manager may not renew
12-52    the certificate.  To reinstate the certificate, the owner or
12-53    manager must comply with the requirements for obtaining an original
12-54    certificate.
12-55          (d)  The owner of a dental laboratory registered with the
12-56    Board on September 1, 1987, is not required to submit proof that
12-57    the laboratory has at least one certified dental technician
12-58    employed by and working on the premises of the laboratory if:
12-59                (1)  the registration of the laboratory has been
12-60    renewed each year [continuous] since that date and all registration
12-61    fees have been paid;
12-62                (2)  the beneficial ownership of at least 51 percent of
12-63    the laboratory has not been transferred; and
12-64                (3)  the owner is employed on the premises of the
12-65    laboratory not less than 30 hours each week.
12-66          SECTION 25.  Article 4551j, Revised Statutes, is amended to
12-67    read as follows:
12-68          Art. 4551j.  CIVIL IMMUNITY, OFFICIAL ACTS.  In the absence
12-69    of fraud, conspiracy, or malice, no member of the Texas State Board
 13-1    of Dental Examiners, its employees, part-time employees, or persons
 13-2    who contract with the board, nor any witness called to testify by
 13-3    said board, nor any consultant or hearing officer appointed by said
 13-4    board shall be liable or subject to suit or suits for damages for
 13-5    alleged injury, wrong, loss, or damage allegedly caused by any of
 13-6    said persons for any investigation, report, recommendation,
 13-7    statement, evaluation, finding, order, or award made in the course
 13-8    of any of said persons performing assigned, designated, official,
 13-9    or statutory duties.  This immunity is enacted to relieve and
13-10    protect the persons named from being harassed and threatened with
13-11    legal action while attempting to perform official duties.
13-12          SECTION 26.  Section 2, Article 4544a, Revised Statutes, is
13-13    repealed.
13-14          SECTION 27.  Subsection (b), Section 5, Article 4544, Revised
13-15    Statutes, Subsection (b), Section 5A, Chapter 475, Acts of the 52nd
13-16    Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
13-17    Civil Statutes), and Subsection (c), Section (6), Article 4551f,
13-18    Revised Statutes, as amended by this Act, apply only to licenses
13-19    and registrations that expire after the effective date of this Act.
13-20    Licenses and registrations in effect the day before the effective
13-21    date of this Act continue to be valid and expire according to their
13-22    own terms.
13-23          SECTION 28.  This Act takes effect September 1, 1999.
13-24          SECTION 29.  The importance of this legislation and the
13-25    crowded condition of the calendars in both houses create an
13-26    emergency and an imperative public necessity that the
13-27    constitutional rule requiring bills to be read on three several
13-28    days in each house be suspended, and this rule is hereby suspended.
13-29                                 * * * * *