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