1-1                                   AN ACT
 1-2     relating to the regulation of certain occupations by the State
 1-3     Board of Dental Examiners.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 252.009, Occupations Code, is amended to
 1-6     read as follows:
 1-7           Sec. 252.009.  MEETINGS.  [(a)]  The board shall hold
 1-8     meetings at least twice a year at times and places the board
 1-9     determines are most convenient for applicants for examination.
1-10           [(b)  Notice of the meeting shall be published in a newspaper
1-11     selected by the board.]
1-12           SECTION 2.  Subsection (c), Section 256.003, Occupations
1-13     Code, is amended to read as follows:
1-14           (c)  The board shall contract with one or more [an]
1-15     independent or regional testing services [service] for any required
1-16     clinical examination.  If the board uses one or more [a] regional
1-17     testing services [service], the board may contract for or otherwise
1-18     use licensed dentists to provide assistance to the regional testing
1-19     service or services.
1-20           SECTION 3.  Subsections (b) and (c), Section 256.055,
1-21     Occupations Code, are amended to read as follows:
1-22           (b)  The examination must include subjects and operations
1-23     relating to dentistry and dental hygiene, including:
1-24                 (1)  anatomy;
1-25                 (2)  pharmacology;
 2-1                 (3)  x-ray;
 2-2                 (4)  ethics;
 2-3                 (5)  jurisprudence;
 2-4                 (6)  hygiene; [and]
 2-5                 (7)  dental hygiene treatment planning;
 2-6                 (8)  dental materials;
 2-7                 (9)  physiology;
 2-8                 (10)  pathology;
 2-9                 (11)  microbiology; and
2-10                 (12)  any other subject regularly taught in reputable
2-11     schools of dentistry and dental hygiene that the board may require.
2-12           (c)  The board shall contract with one or more [an]
2-13     independent or regional testing services [service] for any required
2-14     clinical examination.  If the board uses one or more [a] regional
2-15     testing services [service], the board may contract for or otherwise
2-16     use licensed dental hygienists to provide assistance to the
2-17     regional testing service or services.
2-18           SECTION 4.  The section heading to Section 256.101,
2-19     Occupations Code, is amended to read as follows:
2-20           Sec. 256.101.  ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE
2-21     APPLICANTS [RECIPROCAL LICENSE].
2-22           SECTION 5.  Subsection (a), Section 256.101, Occupations
2-23     Code, is amended to read as follows:
2-24           (a)  The board shall issue a license to practice dentistry to
2-25     a reputable dentist or a license to practice dental hygiene to a
2-26     reputable dental hygienist who:
 3-1                 (1)  pays the fee set by the board;
 3-2                 (2)  is licensed in good standing as a dentist or
 3-3     dental hygienist in another state that has licensing requirements
 3-4     substantially equivalent to the requirements of this subtitle;
 3-5                 (3)  has not been the subject of a final disciplinary
 3-6     action and is not the subject of a pending disciplinary action in
 3-7     any jurisdiction in which the dentist or dental hygienist is or has
 3-8     been licensed;
 3-9                 (4)  has graduated from a dental or dental hygiene
3-10     school accredited by the Commission on Dental Accreditation of the
3-11     American Dental Association and approved by the board under board
3-12     rule;
3-13                 (5)  has passed a national or other examination
3-14     relating to dentistry or dental hygiene and recognized by the
3-15     board;
3-16                 (6)  has passed the board's jurisprudence examination;
3-17                 (7)  has submitted documentation of current
3-18     cardiopulmonary resuscitation certification;
3-19                 (8)  has practiced dentistry or dental hygiene:
3-20                       (A)  for at least the five years preceding the
3-21     date of application under this section for a license to practice
3-22     dentistry or for at least the three years preceding the date of
3-23     application under this section for a license to practice dental
3-24     hygiene [under this section]; or
3-25                       (B)  as a dental educator at a dental school or
3-26     dental hygiene school accredited by the Commission on Dental
 4-1     Accreditation of the American Dental Association for at least the
 4-2     five years preceding the date of application for a license under
 4-3     this section;
 4-4                 (9)  has been endorsed by the board of dentistry in the
 4-5     jurisdiction in which the applicant practices at the time of
 4-6     application; and
 4-7                 (10)  meets any additional criteria established by
 4-8     board rule.
 4-9           SECTION 6.  Subsection (a), Section 256.105, Occupations
4-10     Code, is amended to read as follows:
4-11           (a)  Each dentist, dental hygienist, and owner or manager of
4-12     a dental laboratory[, and dental technician] licensed or registered
4-13     with the board shall timely notify the board of:
4-14                 (1)  any change of address of the person's place of
4-15     business; and
4-16                 (2)  any change of employers for the dentist or [,]
4-17     dental hygienist[, dental laboratory, or dental technician,] and
4-18     any change of owners or managers for the dental laboratory.
4-19           SECTION 7.  Section 257.004, Occupations Code, is amended to
4-20     read as follows:
4-21           Sec. 257.004.  CARDIOPULMONARY RESUSCITATION REQUIREMENTS.
4-22     (a)  A person holding a dental or dental hygienist license must
4-23     attach to the person's renewal application:
4-24                 (1)  proof that the applicant has successfully
4-25     completed a current program or course in cardiopulmonary
4-26     resuscitation that includes a demonstration of skills and a written
 5-1     evaluation [approved by the American Heart Association or American
 5-2     Red Cross]; or
 5-3                 (2)  if the person is not physically able to comply
 5-4     with the requirements of Subdivision (1), a written statement
 5-5     describing the person's physical incapacity executed by a licensed
 5-6     physician [or an instructor in cardiopulmonary resuscitation
 5-7     approved by the American Heart Association or American Red Cross].
 5-8           (b)  The proof of completion described by Subsection (a)(1)
 5-9     must be issued by the American Heart Association or American Red
5-10     Cross and bear the national logo of that entity.
5-11           (c)  A dentist or dental hygienist licensed by the board who
5-12     resides in a country other than the United States on the renewal
5-13     date of the person's license and has not practiced dentistry or
5-14     dental hygiene in the United States during the year preceding the
5-15     renewal date is exempt from the requirements of Subsection (a) if
5-16     the person submits proof of foreign residence with the person's
5-17     renewal application.
5-18           SECTION 8.  Section 262.054, Occupations Code, is amended to
5-19     read as follows:
5-20           Sec. 262.054.  TERMS.  (a)  Members of the advisory committee
5-21     serve staggered six-year terms with the terms of one-third of the
5-22     members expiring on February 1 of each odd-numbered year.
5-23           (b)  A member may serve only one six-year term.
5-24           SECTION 9.  Section 263.004, Occupations Code, is amended to
5-25     read as follows:
5-26           Sec. 263.004.  TEMPORARY SUSPENSION IN EMERGENCY.  (a)  If
 6-1     the board or an executive committee of the board determines from
 6-2     the evidence or information presented that the continued practice
 6-3     by a person licensed under this subtitle, or the continued
 6-4     performance by a person licensed under this subtitle of a procedure
 6-5     for which the person holds a permit issued by the board, would
 6-6     constitute a clear, imminent, or continuing threat to a person's
 6-7     physical health or well-being, the board or the executive committee
 6-8     shall temporarily suspend the person's license or permit, as
 6-9     applicable.
6-10           (b)  The board may temporarily suspend a license or permit
6-11     under this section without notice or hearing if at the time of the
6-12     temporary suspension the board or the executive committee requests
6-13     the State Office of Administrative Hearings to set a date for a
6-14     hearing on the temporary suspension.
6-15           (c)  The State Office of Administrative Hearings shall hold a
6-16     hearing not later than the 14th day after the date the license or
6-17     permit is suspended unless the license or permit holder requests a
6-18     continuance.  The State Office of Administrative Hearings shall
6-19     hold a second hearing on the suspension and on any other action to
6-20     be taken against the license or permit holder not later than the
6-21     60th day after:
6-22                 (1)  the date the license or permit is temporarily
6-23     suspended; or
6-24                 (2)  the date specified in the continuance requested by
6-25     the license or permit holder.
6-26           (d)  If the State Office of Administrative Hearings does not
 7-1     hold a hearing within the time provided by Subsection (c), the
 7-2     suspended license or permit is automatically reinstated.
 7-3           SECTION 10.  (a)  In accordance with Subsection (c), Section
 7-4     311.031, Government Code, which gives effect to a substantive
 7-5     amendment enacted by the same legislature that codifies the amended
 7-6     statute, the text of Subsection (a), Section 256.101, and Section
 7-7     257.004, Occupations Code, as set out in this Act, gives effect to
 7-8     changes made by Chapter 627, Acts of the 76th Legislature, Regular
 7-9     Session, 1999.
7-10           (b)  To the extent of any conflict, this Act prevails over
7-11     another Act of the 77th Legislature, Regular Session, 2001,
7-12     relating to nonsubstantive additions and corrections in enacted
7-13     codes.
7-14           SECTION 11.  (a)  Except as provided by Subsection (b) of
7-15     this section, this Act takes effect September 1, 2001.
7-16           (b)  The change in law made by this Act to Section 257.004,
7-17     Occupations Code, takes effect January 1, 2002, and applies only to
7-18     the renewal of a dental or dental hygienist license that expires on
7-19     or after that date.  The renewal of a dental or dental hygienist
7-20     license that expires before that date is governed by the law in
7-21     effect on the date the license expires, and that law is continued
7-22     in effect for that purpose.
7-23           (c)  Section 262.054, Occupations Code, as amended by this
7-24     Act, does not prohibit a person who on the effective date of this
7-25     Act is a member of the Dental Hygiene Advisory Committee and has
7-26     previously served a six-year term from serving the remainder of the
 8-1     member's term.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 533 passed the Senate on
         March 29, 2001, by the following vote:  Yeas 30, Nays 0, one
         present not voting; and that the Senate concurred in House
         amendment on May 26, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 533 passed the House, with
         amendment, on May 23, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor