By: Nelson S.B. No. 533
A BILL TO BE ENTITLED
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 256.105, Occupations
2-23 Code, is amended to read as follows:
2-24 (a) Each dentist, dental hygienist, and owner or manager of
2-25 a dental laboratory[, and dental technician] licensed or registered
2-26 with the board shall timely notify the board of:
3-1 (1) any change of address of the person's place of
3-2 business; and
3-3 (2) any change of employers for the dentist or [,]
3-4 dental hygienist[, dental laboratory, or dental technician,] and
3-5 any change of owners or managers for the dental laboratory.
3-6 SECTION 6. Section 257.004, Occupations Code, is amended to
3-7 read as follows:
3-8 Sec. 257.004. CARDIOPULMONARY RESUSCITATION REQUIREMENTS.
3-9 (a) A person holding a dental or dental hygienist license must
3-10 attach to the person's renewal application:
3-11 (1) proof that the applicant has successfully
3-12 completed a current program or course in cardiopulmonary
3-13 resuscitation that includes a demonstration of skills and a written
3-14 evaluation [approved by the American Heart Association or American
3-15 Red Cross]; or
3-16 (2) if the person is not physically able to comply
3-17 with the requirements of Subdivision (1), a written statement
3-18 describing the person's physical incapacity executed by a licensed
3-19 physician [or an instructor in cardiopulmonary resuscitation
3-20 approved by the American Heart Association or American Red Cross].
3-21 (b) The proof of completion described by Subsection (a)(1)
3-22 must be issued by the American Heart Association or American Red
3-23 Cross and bear the national logo of that entity.
3-24 (c) A dentist or dental hygienist licensed by the board who
3-25 resides in a country other than the United States on the renewal
3-26 date of the person's license and has not practiced dentistry or
4-1 dental hygiene in the United States during the year preceding the
4-2 renewal date is exempt from the requirements of Subsection (a) if
4-3 the person submits proof of foreign residence with the person's
4-4 renewal application.
4-5 SECTION 7. Section 262.054, Occupations Code, is amended to
4-6 read as follows:
4-7 Sec. 262.054. TERMS. (a) Members of the advisory committee
4-8 serve staggered six-year terms with the terms of one-third of the
4-9 members expiring on February 1 of each odd-numbered year.
4-10 (b) A member may serve only one six-year term.
4-11 SECTION 8. Section 263.004, Occupations Code, is amended to
4-12 read as follows:
4-13 Sec. 263.004. TEMPORARY SUSPENSION IN EMERGENCY. (a) If
4-14 the board or an executive committee of the board determines from
4-15 the evidence or information presented that the continued practice
4-16 by a person licensed under this subtitle, or the continued
4-17 performance by a person licensed under this subtitle of a procedure
4-18 for which the person holds a permit issued by the board, would
4-19 constitute a clear, imminent, or continuing threat to a person's
4-20 physical health or well-being, the board or the executive committee
4-21 shall temporarily suspend the person's license or permit, as
4-22 applicable.
4-23 (b) The board may temporarily suspend a license or permit
4-24 under this section without notice or hearing if at the time of the
4-25 temporary suspension the board or the executive committee requests
4-26 the State Office of Administrative Hearings to set a date for a
5-1 hearing on the temporary suspension.
5-2 (c) The State Office of Administrative Hearings shall hold a
5-3 hearing not later than the 14th day after the date the license or
5-4 permit is suspended unless the license or permit holder requests a
5-5 continuance. The State Office of Administrative Hearings shall
5-6 hold a second hearing on the suspension and on any other action to
5-7 be taken against the license or permit holder not later than the
5-8 60th day after:
5-9 (1) the date the license or permit is temporarily
5-10 suspended; or
5-11 (2) the date specified in the continuance requested by
5-12 the license or permit holder.
5-13 (d) If the State Office of Administrative Hearings does not
5-14 hold a hearing within the time provided by Subsection (c), the
5-15 suspended license or permit is automatically reinstated.
5-16 SECTION 9. (a) In accordance with Subsection (c), Section
5-17 311.031, Government Code, which gives effect to a substantive
5-18 amendment enacted by the same legislature that codifies the amended
5-19 statute, the text of Section 257.004, Occupations Code, as set out
5-20 in this Act, gives effect to changes made by Chapter 627, Acts of
5-21 the 76th Legislature, Regular Session, 1999.
5-22 (b) To the extent of any conflict, this Act prevails over
5-23 another Act of the 77th Legislature, Regular Session, 2001,
5-24 relating to nonsubstantive additions and corrections in enacted
5-25 codes.
5-26 SECTION 10. (a) Except as provided by Subsection (b) of
6-1 this section, this Act takes effect September 1, 2001.
6-2 (b) The change in law made by this Act to Section 257.004,
6-3 Occupations Code, takes effect January 1, 2002, and applies only to
6-4 the renewal of a dental or dental hygienist license that expires on
6-5 or after that date. The renewal of a dental or dental hygienist
6-6 license that expires before that date is governed by the law in
6-7 effect on the date the license expires, and that law is continued
6-8 in effect for that purpose.
6-9 (c) Section 262.054, Occupations Code, as amended by this
6-10 Act, does not prohibit a person who on the effective date of this
6-11 Act is a member of the Dental Hygiene Advisory Committee and has
6-12 previously served a six-year term from serving the remainder of the
6-13 member's term.
6-14 COMMITTEE AMENDMENT NO. 1
6-15 Amend S.B. No. 533 as follows:
6-16 (1) Between SECTIONS 4 and 5 of the bill (Senate Engrossed
6-17 Version page 2, between lines 21 and 22), insert the following
6-18 section, appropriately numbered, and renumber the subsequent
6-19 sections accordingly:
6-20 SECTION __. Section 256.101(a), Occupations Code, is amended
6-21 to read as follows:
6-22 (a) The board shall issue a license to practice dentistry to
6-23 a reputable dentist or a license to practice dental hygiene to a
6-24 reputable dental hygienist who:
6-25 (1) pays the fee set by the board;
6-26 (2) is licensed in good standing as a dentist or
7-1 dental hygienist in another state that has licensing requirements
7-2 substantially equivalent to the requirements of this subtitle;
7-3 (3) has not been the subject of a final disciplinary
7-4 action and is not the subject of a pending disciplinary action in
7-5 any jurisdiction in which the dentist or dental hygienist is or has
7-6 been licensed;
7-7 (4) has graduated from a dental or dental hygiene
7-8 school accredited by the Commission on Dental Accreditation of the
7-9 American Dental Association and approved by the board under board
7-10 rule;
7-11 (5) has passed a national or other examination
7-12 relating to dentistry or dental hygiene and recognized by the
7-13 board;
7-14 (6) has passed the board's jurisprudence examination;
7-15 (7) has submitted documentation of current
7-16 cardiopulmonary resuscitation certification;
7-17 (8) has practiced dentistry or dental hygiene:
7-18 (A) for at least the five years preceding the
7-19 date of application under this section for a license to practice
7-20 dentistry or for at least the three years preceding the date of
7-21 application under this section for a license to practice dental
7-22 hygiene [under this section]; or
7-23 (B) as a dental educator at a dental school or
7-24 dental hygiene school accredited by the Commission on Dental
7-25 Accreditation of the American Dental Association for at least the
7-26 five years preceding the date of application for a license under
8-1 this section;
8-2 (9) has been endorsed by the board of dentistry in the
8-3 jurisdiction in which the applicant practices at the time of
8-4 application; and
8-5 (10) meets any additional criteria established by
8-6 board rule.
8-7 (2) In SECTION 9(a) of the bill (Senate Engrossed Version
8-8 page 5, line 19), strike "Section 257.004" and substitute "Sections
8-9 256.101(a) and 257.004".
8-10 77R10708 SMH-F Longoria