1-1 By: Nelson S.B. No. 533
1-2 (In the Senate - Filed February 5, 2001; February 6, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 19, 2001, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; March 19, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of certain occupations by the State
1-9 Board of Dental Examiners.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 252.009, Occupations Code, is amended to
1-12 read as follows:
1-13 Sec. 252.009. MEETINGS. [(a)] The board shall hold
1-14 meetings at least twice a year at times and places the board
1-15 determines are most convenient for applicants for examination.
1-16 [(b) Notice of the meeting shall be published in a newspaper
1-17 selected by the board.]
1-18 SECTION 2. Subsection (c), Section 256.003, Occupations
1-19 Code, is amended to read as follows:
1-20 (c) The board shall contract with one or more [an]
1-21 independent or regional testing services [service] for any required
1-22 clinical examination. If the board uses one or more [a] regional
1-23 testing services [service], the board may contract for or otherwise
1-24 use licensed dentists to provide assistance to the regional testing
1-25 service or services.
1-26 SECTION 3. Subsections (b) and (c), Section 256.055,
1-27 Occupations Code, are amended to read as follows:
1-28 (b) The examination must include subjects and operations
1-29 relating to dentistry and dental hygiene, including:
1-30 (1) anatomy;
1-31 (2) pharmacology;
1-32 (3) x-ray;
1-33 (4) ethics;
1-34 (5) jurisprudence;
1-35 (6) hygiene; [and]
1-36 (7) dental hygiene treatment planning;
1-37 (8) dental materials;
1-38 (9) physiology;
1-39 (10) pathology;
1-40 (11) microbiology; and
1-41 (12) any other subject regularly taught in reputable
1-42 schools of dentistry and dental hygiene that the board may require.
1-43 (c) The board shall contract with one or more [an]
1-44 independent or regional testing services [service] for any required
1-45 clinical examination. If the board uses one or more [a] regional
1-46 testing services [service], the board may contract for or otherwise
1-47 use licensed dental hygienists to provide assistance to the
1-48 regional testing service or services.
1-49 SECTION 4. The section heading to Section 256.101,
1-50 Occupations Code, is amended to read as follows:
1-51 Sec. 256.101. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE
1-52 APPLICANTS [RECIPROCAL LICENSE].
1-53 SECTION 5. Subsection (a), Section 256.105, Occupations
1-54 Code, is amended to read as follows:
1-55 (a) Each dentist, dental hygienist, and owner or manager of
1-56 a dental laboratory[, and dental technician] licensed or registered
1-57 with the board shall timely notify the board of:
1-58 (1) any change of address of the person's place of
1-59 business; and
1-60 (2) any change of employers for the dentist or [,]
1-61 dental hygienist[, dental laboratory, or dental technician,] and
1-62 any change of owners or managers for the dental laboratory.
1-63 SECTION 6. Section 257.004, Occupations Code, is amended to
1-64 read as follows:
2-1 Sec. 257.004. CARDIOPULMONARY RESUSCITATION REQUIREMENTS.
2-2 (a) A person holding a dental or dental hygienist license must
2-3 attach to the person's renewal application:
2-4 (1) proof that the applicant has successfully
2-5 completed a current program or course in cardiopulmonary
2-6 resuscitation that includes a demonstration of skills and a written
2-7 evaluation [approved by the American Heart Association or American
2-8 Red Cross]; or
2-9 (2) if the person is not physically able to comply
2-10 with the requirements of Subdivision (1), a written statement
2-11 describing the person's physical incapacity executed by a licensed
2-12 physician [or an instructor in cardiopulmonary resuscitation
2-13 approved by the American Heart Association or American Red Cross].
2-14 (b) The proof of completion described by Subsection (a)(1)
2-15 must be issued by the American Heart Association or American Red
2-16 Cross and bear the national logo of that entity.
2-17 (c) A dentist or dental hygienist licensed by the board who
2-18 resides in a country other than the United States on the renewal
2-19 date of the person's license and has not practiced dentistry or
2-20 dental hygiene in the United States during the year preceding the
2-21 renewal date is exempt from the requirements of Subsection (a) if
2-22 the person submits proof of foreign residence with the person's
2-23 renewal application.
2-24 SECTION 7. Section 262.054, Occupations Code, is amended to
2-25 read as follows:
2-26 Sec. 262.054. TERMS. (a) Members of the advisory committee
2-27 serve staggered six-year terms with the terms of one-third of the
2-28 members expiring on February 1 of each odd-numbered year.
2-29 (b) A member may serve only one six-year term.
2-30 SECTION 8. Section 263.004, Occupations Code, is amended to
2-31 read as follows:
2-32 Sec. 263.004. TEMPORARY SUSPENSION IN EMERGENCY. (a) If
2-33 the board or an executive committee of the board determines from
2-34 the evidence or information presented that the continued practice
2-35 by a person licensed under this subtitle, or the continued
2-36 performance by a person licensed under this subtitle of a procedure
2-37 for which the person holds a permit issued by the board, would
2-38 constitute a clear, imminent, or continuing threat to a person's
2-39 physical health or well-being, the board or the executive committee
2-40 shall temporarily suspend the person's license or permit, as
2-41 applicable.
2-42 (b) The board may temporarily suspend a license or permit
2-43 under this section without notice or hearing if at the time of the
2-44 temporary suspension the board or the executive committee requests
2-45 the State Office of Administrative Hearings to set a date for a
2-46 hearing on the temporary suspension.
2-47 (c) The State Office of Administrative Hearings shall hold a
2-48 hearing not later than the 14th day after the date the license or
2-49 permit is suspended unless the license or permit holder requests a
2-50 continuance. The State Office of Administrative Hearings shall
2-51 hold a second hearing on the suspension and on any other action to
2-52 be taken against the license or permit holder not later than the
2-53 60th day after:
2-54 (1) the date the license or permit is temporarily
2-55 suspended; or
2-56 (2) the date specified in the continuance requested by
2-57 the license or permit holder.
2-58 (d) If the State Office of Administrative Hearings does not
2-59 hold a hearing within the time provided by Subsection (c), the
2-60 suspended license or permit is automatically reinstated.
2-61 SECTION 9. (a) In accordance with Subsection (c), Section
2-62 311.031, Government Code, which gives effect to a substantive
2-63 amendment enacted by the same legislature that codifies the amended
2-64 statute, the text of Section 257.004, Occupations Code, as set out
2-65 in this Act, gives effect to changes made by Chapter 627, Acts of
2-66 the 76th Legislature, Regular Session, 1999.
2-67 (b) To the extent of any conflict, this Act prevails over
2-68 another Act of the 77th Legislature, Regular Session, 2001,
2-69 relating to nonsubstantive additions and corrections in enacted
3-1 codes.
3-2 SECTION 10. (a) Except as provided by Subsection (b) of
3-3 this section, this Act takes effect September 1, 2001.
3-4 (b) The change in law made by this Act to Section 257.004,
3-5 Occupations Code, takes effect January 1, 2002, and applies only to
3-6 the renewal of a dental or dental hygienist license that expires on
3-7 or after that date. The renewal of a dental or dental hygienist
3-8 license that expires before that date is governed by the law in
3-9 effect on the date the license expires, and that law is continued
3-10 in effect for that purpose.
3-11 (c) Section 262.054, Occupations Code, as amended by this
3-12 Act, does not prohibit a person who on the effective date of this
3-13 Act is a member of the Dental Hygiene Advisory Committee and has
3-14 previously served a six-year term from serving the remainder of the
3-15 member's term.
3-16 * * * * *