HBA-DMH S.B. 533 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 533
By: Nelson
Public Health
4/30/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, the Occupations Code contains provisions regarding practices of
the State Board of Dental Examiners (board) and the Dental Hygiene Advisory
Committee (committee).  Some clarification is needed to facilitate the
implementation of these provisions, including those related to board
contracts, completion of a CPR course, the board's disciplinary authority,
and committee members terms.  Senate Bill 533 modifies provisions relating
to licensing requirements and the board's powers and duties. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 533 amends the Occupations Code to delete the requirement that
a State Board of Dental Examiners (board) meeting notice be published in a
newspaper selected by the board.  The bill requires the board to contract
with one or more, rather than one, independent or regional testing services
for any required clinical examination for a dentist or dental hygienist
license.  The bill adds to the list of subjects and operations relating to
dentistry and dental hygiene that must be included in the examination for a
dental hygienist license.  

The bill includes each owner or manager of a dental laboratory licensed or
registered with the board among the entities required to timely notify the
board of a change of address or owner or manager and deletes the
requirement for a dental technician to provide such notice. 

The bill modifies provisions relating to dental or dental hygienist
requirements to demonstrate proof of completion of a CPR course with a
renewal application.  The bill limits a member of the Dental Hygiene
Advisory Committee to serving one six-year term and provides that the term
limit does not prohibit members in office on the effective date of the bill
who have already served one full term from serving the remainder of the
member's term. 

The bill requires the board, if it determines that the continued
performance by a person licensed by the board of a procedure for which the
person holds a permit would constitute a clear, imminent, or continuing
threat to a person's physical health or well-being, to temporarily suspend
the person's license or permit. The bill requires the State Office of
Administrative Hearings to hold a second hearing on any other action, in
addition to a suspension, to be taken against the license or permit holder. 

EFFECTIVE DATE

September 1, 2001.  The provisions related to CPR training take effect
January 1, 2002. 



 EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 modifies the reciprocal licensing requirement for
dental hygienists to require that a dental hygienist practice for at least
three years, rather than five years, preceding the date of application for
a reciprocal license.