By Nelson S.B. No. 533
77R3139 SMH-D
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 meetings
1-8 at least twice a year at times and places the board determines are
1-9 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. Section 256.003(c), Occupations Code, is amended
1-13 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. Sections 256.055(b) and (c), Occupations Code,
1-21 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;
2-1 (2) pharmacology;
2-2 (3) x-ray;
2-3 (4) ethics;
2-4 (5) jurisprudence;
2-5 (6) hygiene; [and]
2-6 (7) dental hygiene treatment planning;
2-7 (8) dental materials;
2-8 (9) physiology;
2-9 (10) pathology;
2-10 (11) microbiology; and
2-11 (12) any other subject regularly taught in reputable
2-12 schools of dentistry and dental hygiene that the board may require.
2-13 (c) The board shall contract with one or more [an]
2-14 independent or regional testing services [service] for any required
2-15 clinical examination. If the board uses one or more [a] regional
2-16 testing services [service], the board may contract for or otherwise
2-17 use licensed dental hygienists to provide assistance to the
2-18 regional testing service or services.
2-19 SECTION 4. The heading to Section 256.101, Occupations Code,
2-20 is amended to read as follows:
2-21 Sec. 256.101. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE
2-22 APPLICANTS [RECIPROCAL LICENSE].
2-23 SECTION 5. Section 256.105(a), Occupations Code, is amended
2-24 to read as follows:
2-25 (a) Each dentist, dental hygienist, and owner or manager of
2-26 a dental laboratory[, and dental technician] licensed or registered
2-27 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
3-27 dental hygiene in the United States during the year preceding the
4-1 renewal date is exempt from the requirements of Subsection (a) if
4-2 the person submits proof of foreign residence with the person's
4-3 renewal application.
4-4 SECTION 7. Section 262.054, Occupations Code, is amended to
4-5 read as follows:
4-6 Sec. 262.054. TERMS. (a) Members of the advisory committee
4-7 serve staggered six-year terms with the terms of one-third of the
4-8 members expiring on February 1 of each odd-numbered year.
4-9 (b) A member may serve only one six-year term.
4-10 SECTION 8. Section 263.004, Occupations Code, is amended to
4-11 read as follows:
4-12 Sec. 263.004. TEMPORARY SUSPENSION IN EMERGENCY. (a) If the
4-13 board or an executive committee of the board determines from the
4-14 evidence or information presented that the continued practice by a
4-15 person licensed under this subtitle, or the continued performance
4-16 by a person licensed under this subtitle of a procedure for which
4-17 the person holds a permit issued by the board, would constitute a
4-18 clear, imminent, or continuing threat to a person's physical health
4-19 or well-being, the board or the executive committee shall
4-20 temporarily suspend the person's license or permit, as applicable.
4-21 (b) The board may temporarily suspend a license or permit
4-22 under this section without notice or hearing if at the time of the
4-23 temporary suspension the board or the executive committee requests
4-24 the State Office of Administrative Hearings to set a date for a
4-25 hearing on the temporary suspension.
4-26 (c) The State Office of Administrative Hearings shall hold a
4-27 hearing not later than the 14th day after the date the license or
5-1 permit is suspended unless the license or permit holder requests a
5-2 continuance. The State Office of Administrative Hearings shall
5-3 hold a second hearing on the suspension and on any other action to
5-4 be taken against the license or permit holder not later than the
5-5 60th day after:
5-6 (1) the date the license or permit is temporarily
5-7 suspended; or
5-8 (2) the date specified in the continuance requested by
5-9 the license or permit holder.
5-10 (d) If the State Office of Administrative Hearings does not
5-11 hold a hearing within the time provided by Subsection (c), the
5-12 suspended license or permit is automatically reinstated.
5-13 SECTION 9. (a) In accordance with Section 311.031(c),
5-14 Government Code, which gives effect to a substantive amendment
5-15 enacted by the same legislature that codifies the amended statute,
5-16 the text of Section 257.004, Occupations Code, as set out in this
5-17 Act, gives effect to changes made by Chapter 627, Acts of the 76th
5-18 Legislature, Regular Session, 1999.
5-19 (b) To the extent of any conflict, this Act prevails over
5-20 another Act of the 77th Legislature, Regular Session, 2001,
5-21 relating to nonsubstantive additions and corrections in enacted
5-22 codes.
5-23 SECTION 10. (a) Except as provided by Subsection (b) of
5-24 this section, this Act takes effect September 1, 2001.
5-25 (b) The change in law made by this Act to Section 257.004,
5-26 Occupations Code, takes effect January 1, 2002, and applies only to
5-27 the renewal of a dental or dental hygienist license that expires on
6-1 or after that date. The renewal of a dental or dental hygienist
6-2 license that expires before that date is governed by the law in
6-3 effect on the date the license expires, and that law is continued
6-4 in effect for that purpose.
6-5 (c) Section 262.054, Occupations Code, as amended by this
6-6 Act, does not prohibit a person who on the effective date of this
6-7 Act is a member of the Dental Hygiene Advisory Committee and has
6-8 previously served a six-year term from serving the remainder of the
6-9 member's term.