SRC-CTC S.B. 1437 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1437
2001S0704/1By: Sibley
Health & Human Services
4/10/2001
As Filed


DIGEST AND PURPOSE 

Currently, state law requires an applicant for a dental hygienist license
to be a graduate of a recognized school of dentistry or dental hygiene,
which often requires a commitment of two or more years for a person to
graduate.  During the past decade there has been a decline in the number of
dental hygienists as a proportion of the state's population, creating a
shortage of hygienists and an obstacle to providing oral hygiene services
to the citizens of the state.  As proposed, S.B. 1437 establishes dental
hygiene equivalency training programs to offer alternate training to
increase the supply of hygienists and expand the oral hygiene services in
the state. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Sets forth the findings of the legislature relating to dental
hygienists in Texas. 

SECTION 2.  Amends Section 256.053, Occupations Code, to conform to Section
19, Chapter 627, Acts of the 76th Legislature, Regular Session, 1999, and
to add certain requirements to the list of qualifications which an
applicant for a license to practice dental hygiene in this state must meet.
Requires a school of dentistry or dental hygiene described by Subsection
(a)(4) to include at least two full academic years of instruction or its
equivalent at the postsecondary level. 

SECTION 3.  Amends Chapter 256B, Occupations Code, by adding Section
256.0531, as follows: 

Sec. 256.0531.  DENTAL HYGIENE EQUIVALENCY TRAINING PROGRAMS.  (a) Requires
a program approved by the State Board of Dental Examiners (board) under
this section to provide dental hygiene training that is substantially
equivalent to training provided under traditional programs.  Requires a
program to meet the requirements of Subsections (b)(e). 

(b) Requires the dental hygiene equivalency program (program) to require a
dental hygiene student to complete four semesters of didactic education
from a school of dentistry, dental hygiene school, or other educational
institution approved by the board. 

(c) Requires the didactic education required under Subsection (b) to be
provided by instruction in the classroom or by distance learning, remote
course work, or similar modes of instruction offered by an institution
accredited by the Commission on Dental Accreditation of the American Dental
Association (commission).  Authorizes the board to require the didactic
education to include instruction in anatomy, pharmacology, xray, ethics,
jurisprudence, hygiene, and any other subjects regularly taught in
reputable schools of dentistry and dental hygiene. 

 (d) Requires the program to require a dental hygiene student to complete
not less than 1,000 hours of clinical training under the direct supervision
of a dentist during a 12month period.  Requires a dental hygiene student to
satisfactorily complete 75 fullmouth prophylaxes and demonstrate the
ability to accurately record the location and extent of dental restorations
and to chart mobility, furcation, gingival recession, keratinized gingiva,
and pocket depth on six aspects of each tooth.  Authorizes clinical
training to occur simultaneously with didactic education. 

(e) Requires a dental hygiene student, before beginning clinical training,
to complete not less than two years of full-time employment in a position
involving clinical duties with dental patients. 

(f) Requires a dentist, to be qualified to train a dental hygiene student
under this section, to meet certain criteria. 

(g) Requires a dental hygiene student who completes the requirements of a
program under this section to satisfactorily pass the examination required
for applicants for a dental hygienist license under this chapter. 

(h) Authorizes a dental hygienist to train dental hygiene students under
this section under certain circumstances. 

(i) Provides that a dentist who supervises a dental hygienist trained under
this section has the same liability for acts performed by the hygienist as
if the dental hygienist were trained in a different manner. 

SECTION 4.  (a) Effective date: September 1, 2001.

(b) Requires the board to implement the program under Section 256.0531,
Occupations Code, as added by this Act, not later than January 1, 2002. 

SECTION 5.  (a) Provides that in accordance with Section 311.031(c),
Government Code, which gives effect to a substantive amendment enacted by
the same legislature that codifies the amended statute, the text of Section
256.053, Occupations Code, as set out in this Act, gives effect to the
changes made by Section 19, Chapter 627, Acts of the 76th Legislature,
Regular Session, 1999. 

(b) Provides that, to the extent of any conflict, this Act prevails over
another Act of the 77th Legislature, Regular Session, 2001, relating to
nonsubstantive additions and corrections in enacted codes.