By: Nelson S.B. No. 263
(In the Senate - Filed February 10, 2003; February 17, 2003,
read first time and referred to Committee on Government
Organization; March 3, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
March 3, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 263 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the State Board of
Dental Examiners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.005, Occupations Code, is amended to
read as follows:
Sec. 251.005. APPLICATION OF SUNSET ACT. The State Board of
Dental Examiners is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the board is abolished September 1, 2015 [2003].
SECTION 2. Subsection (a), Section 252.001, Occupations
Code, is amended to read as follows:
(a) The State Board of Dental Examiners consists of 15 [18]
members appointed by the governor with the advice and consent of the
senate as follows:
(1) eight [10] reputable dentist members who reside in
this state and have been actively engaged in the practice of
dentistry for at least the five years preceding appointment;
(2) two reputable dental hygienist members who reside
in this state and have been actively engaged in the practice of
dental hygiene for at least the five years preceding appointment;
and
(3) five [six] members who represent the public.
SECTION 3. Subsection (d), Section 252.002, Occupations
Code, is amended to read as follows:
(d) A person is not eligible for appointment as a public
member of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of health care;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money [funds] from the board;
(3) owns or controls [or has], directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by or receiving money [funds] from the
board;
(4) uses or receives a substantial amount of tangible
goods, services, or money [funds] from the board, other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses; or
(5) is employed by a board member.
SECTION 4. Section 252.006, Occupations Code, is amended to
read as follows:
Sec. 252.006. OFFICERS. (a) The board shall elect a
secretary from its members to serve for a one-year term [terms a
president and a secretary].
(b) The governor shall designate a member of the board as
the presiding officer of the board to serve in that capacity at the
will of the governor. The presiding officer [president] must be a
dentist.
SECTION 5. Subsections (a) and (c), Section 252.007,
Occupations Code, are amended to read as follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of appointment the
qualifications required by Sections 252.001 and 252.002;
(2) does not maintain during the service on the board
the qualifications required by Sections 252.001 and 252.002;
(3) is ineligible for membership under [violates a
prohibition established by] Section 252.003;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of the
board.
(c) If the executive director [or any board member] has
knowledge that a potential ground for removal exists, the executive
director [or board member] shall notify the presiding officer of
the board of the potential ground. The presiding officer [board]
shall then notify the governor and the attorney general that a
potential ground for removal exists. If the potential ground for
removal involves the presiding officer, the executive director
shall notify the next highest ranking officer of the board, who
shall then notify the governor and the attorney general that a
potential ground for removal exists.
SECTION 6. Section 252.010, Occupations Code, is amended to
read as follows:
Sec. 252.010. BOARD MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the board may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the board until the person completes a training program
that complies with [Before a board member may assume the member's
duties and before the member may be confirmed by the senate, the
member must complete at least one course of a training program
established under] this section.
(b) The [A] training program must [shall] provide the person
with information [to a participant] regarding:
(1) this subtitle;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter [Chapters]
551, [552, and 2001,] Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including
[(8) the requirements of the] conflict of interest
laws [and other laws relating to public officials]; and
(8) [(9)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office. [In developing the
training program, the board shall consult with the governor's
office and the Texas Ethics Commission.
[(d) If another state agency or entity is given authority to
establish board member training requirements, the board shall allow
that training instead of developing its own program.]
SECTION 7. Chapter 253, Occupations Code, is amended by
adding Section 253.008 to read as follows:
Sec. 253.008. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to board employees information and training
on the benefits and methods of participation in the state employee
incentive program under Subchapter B, Chapter 2108, Government
Code.
SECTION 8. Chapter 254, Occupations Code, is amended by
adding Section 254.011 to read as follows:
Sec. 254.011. AGREEMENT WITH HEALTH AND HUMAN SERVICES
COMMISSION. The board shall enter into an agreement with the Health
and Human Services Commission to improve coordination on issues
relating to the state Medicaid program. The agreement must require
each agency to:
(1) refer to the other agency, as appropriate, cases
involving fraud, abuse, or insufficient quality of care under the
state Medicaid program;
(2) maintain a log of cases referred to the other
agency;
(3) share information with the other agency, subject
to confidentiality requirements, including investigative reports
on cases within the jurisdiction of both agencies; and
(4) collaborate with the other agency in the
investigation of cases and the initiation of appropriate
disciplinary action whenever possible.
SECTION 9. Section 254.012, Occupations Code, is amended to
read as follows:
Sec. 254.012. INCLUSION OF MEDICAID-RELATED INFORMATION IN
ANNUAL FINANCIAL REPORT. [(a)] The board shall include in the
annual financial report required by Section 2101.011, Government
Code, information on all cases handled by the board during the
preceding fiscal year involving fraud, abuse, or insufficient
quality of care under the state Medicaid program, including:
(1) the number of cases handled;
(2) an explanation of the legal basis and reason for
each case;
(3) the action taken in each case; and
(4) for each case the board closed without taking
action, an explanation of the reason the case was closed without
action [file annually with the governor and with the presiding
officer of each house of the legislature a complete and detailed
written report accounting for all funds received and disbursed by
the board during the preceding fiscal year.
[(b) The annual report must be in the form and reported in
the time provided by the General Appropriations Act].
SECTION 10. Chapter 254, Occupations Code, is amended by
adding Sections 254.013, 254.014, and 254.015 to read as follows:
Sec. 254.013. RURAL DENTIST AND DENTAL HYGIENIST LOAN
REIMBURSEMENT PROGRAM. The board shall establish a program to
provide student loan reimbursement for dentists and dental
hygienists who practice in rural health professional shortage areas
and medically underserved areas identified by the Texas Department
of Health. The board shall fund the program by designating annually
a portion of the revenue generated under this subtitle from dentist
and dental hygienist licensing fees.
Sec. 254.014. USE OF TECHNOLOGY. The board shall develop
and implement a policy requiring the executive director and board
employees to research and propose appropriate technological
solutions to improve the board's ability to perform its functions.
The technological solutions must:
(1) ensure that the public is able to easily find
information about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
board's planning processes.
Sec. 254.015. USE OF ALTERNATIVE RULEMAKING AND DISPUTE
RESOLUTION PROCEDURES. (a) The board shall develop and implement
a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
SECTION 11. Sections 255.004 and 255.005, Occupations Code,
are amended to read as follows:
Sec. 255.004. RECORDS OF COMPLAINTS. (a) The board shall
maintain a [keep an information] file on [about] each written
complaint filed with the board.
(b) The [information] file must include [be kept current and
contain a record for each complaint of]:
(1) the name of the person who filed the complaint;
(2) the date the complaint was received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) [(2)] a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint [findings made at each step of the
complaint process;
[(3) an explanation of the legal basis and reason that
a complaint is dismissed;
[(4) the schedule for disposing of the complaint as
required by Section 255.006 and a notation of any change in the
schedule; and
[(5) other relevant information].
(c) The board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the board's policies and procedures relating to complaint
investigation and resolution.
Sec. 255.005. NOTIFICATION OF INVESTIGATION [COMPLAINT]
STATUS. If a written complaint is filed with the board that the
board has authority to resolve, the board, at least quarterly [and]
until final disposition of the complaint, shall notify the person
filing the complaint and each person who is a subject of [parties
to] the complaint of the status of the investigation [complaint]
unless the notice would jeopardize an undercover investigation.
SECTION 12. Section 255.006, Occupations Code, is amended
by amending Subsection (d) and adding Subsections (d-1) and (d-2)
to read as follows:
(d) The board shall adopt rules concerning the
investigation of a complaint filed with the board. The rules
adopted under this subsection must:
(1) distinguish between categories of complaints;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the board be advised of a complaint
that is dismissed and that a letter be sent to the person who filed
the complaint explaining the action taken on the dismissed
complaint;
(4) ensure that the person who filed the complaint has
an opportunity to explain the allegations made in the complaint;
[and]
(5) require that investigators used by the board be
state employees;
(6) establish procedures by which a board employee may
dismiss a complaint if the investigation does not reveal a
violation; and
(7) establish procedures by which a board employee may
expunge from the records of the board a complaint dismissed under
Subdivision (6) if the employee determines the complaint to have
been groundless.
(d-1) Procedures established under Subsection (d)(6) must:
(1) require a board employee to consult with a dentist
member of the board before dismissing a complaint relating to
patient morbidity, professional conduct, or quality of care;
(2) ensure that the decision to dismiss a complaint is
made with the appropriate level of review and necessary expertise
and experience; and
(3) require the dismissal of a complaint to be
reported to the board at a public meeting of the board.
(d-2) Procedures established under Subsection (d)(7) must:
(1) require a board employee to consult with a dentist
member of the board before expunging a complaint described by
Subsection (d-1)(1);
(2) ensure that the decision to expunge a complaint is
made with the appropriate level of review and necessary expertise
and experience; and
(3) require the expungement of a complaint to be
reported to the board at a public meeting of the board.
SECTION 13. Section 256.101, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The board shall issue a license to practice dentistry to
a reputable dentist or a license to practice dental hygiene to a
reputable dental hygienist who:
(1) pays the fee set by the board;
(2) is licensed in good standing as a dentist or dental
hygienist in another state that has licensing requirements
substantially equivalent to the requirements of this subtitle;
(3) has not been the subject of a final disciplinary
action and is not the subject of a pending disciplinary action in
any jurisdiction in which the dentist or dental hygienist is or has
been licensed;
(4) has graduated from a dental or dental hygiene
school accredited by the Commission on Dental Accreditation of the
American Dental Association and approved by the board under board
rule;
(5) has passed a national or other examination
relating to dentistry or dental hygiene and recognized by the
board;
(6) has passed the board's jurisprudence examination;
(7) has submitted documentation of current
cardiopulmonary resuscitation certification;
(8) has practiced dentistry or dental hygiene:
(A) for at least the three [five] years preceding
the date of application for a license under this section [for a
license to practice dentistry or for at least the three years
preceding the date of application under this section for a license
to practice dental hygiene]; or
(B) as a dental educator at a dental school or
dental hygiene school accredited by the Commission on Dental
Accreditation of the American Dental Association for at least the
five years preceding the date of application for a license under
this section;
(9) has been endorsed by the board of dentistry in the
jurisdiction in which the applicant practices at the time of
application; and
(10) meets any additional criteria established by
board rule.
(a-1) The board by rule shall specify the circumstances
under which the board may waive the requirement under Subsection
(a)(8) that an applicant for a license under this section has been
continuously engaged in the practice of dentistry or dental hygiene
during the period required by that subsection if the applicant has
engaged in the practice of dentistry or dental hygiene for a
cumulative total of at least three years before the date of
application for a license under this section.
SECTION 14. Subchapter C, Chapter 256, Occupations Code, is
amended by adding Section 256.1013 to read as follows:
Sec. 256.1013. PROVISIONAL LICENSE. (a) The board may
issue a provisional license to an applicant currently licensed in
another jurisdiction who seeks a license in this state and who:
(1) has been licensed in good standing as a dentist or
dental hygienist for at least two years in another jurisdiction
that has licensing requirements substantially equivalent to the
requirements of this subtitle;
(2) has passed a national or other examination
recognized by the board relating to the practice of dentistry or
dental hygiene, as appropriate; and
(3) is sponsored by a person who holds an appropriate
license under this subtitle and with whom the provisional license
holder will practice during the time the person holds a provisional
license.
(b) The board may waive the requirement of Subsection (a)(3)
for an applicant if the board determines that compliance with that
subdivision would be a hardship to the applicant.
(c) A provisional license is valid until the date the board
approves or denies the provisional license holder's application for
a license. The board shall issue a license under this subtitle to
the provisional license holder if:
(1) the provisional license holder is eligible to be
licensed under Section 256.101; or
(2) the provisional license holder passes the part of
the examination under Section 256.003 or 256.055 that relates to
the applicant's knowledge and understanding of the laws and rules
relating to the practice of dentistry or dental hygiene, as
appropriate, in this state and:
(A) the board verifies that the provisional
license holder meets the academic and experience requirements for a
license under this subtitle; and
(B) the provisional license holder satisfies any
other licensing requirements under this subtitle.
(d) The board must approve or deny a provisional license
holder's application for a license not later than the 180th day
after the date the provisional license is issued. The board may
extend the 180-day period if the results of an examination have not
been received by the board before the end of that period.
(e) The board may establish a fee for provisional licenses
in an amount reasonable and necessary to cover the cost of issuing
the license.
SECTION 15. Section 257.002, Occupations Code, is amended
by amending Subsections (b) through (e) and adding Subsections
(c-1) and (d-1) to read as follows:
(b) A person who is otherwise eligible to renew a license
may renew an unexpired license by paying the required renewal fee to
the board [the required renewal fee] before the expiration date of
the license. A person whose license has expired may not engage in
activities that require a license until the license has been
renewed.
(c) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a [the required]
renewal fee [and a fee] that is equal to 1-1/2 times the normally
required renewal [half of the amount of the license application]
fee.
(c-1) A person whose license has been expired for more than
90 days but less than one year may renew the license by paying to the
board a [all unpaid] renewal [fees and a] fee that is equal to two
times the normally required renewal [the amount of the license
application] fee.
(d) A [Except as provided by Section 257.003, a] person
whose license has been expired for one year or more [longer] may not
renew the license. The person may obtain a new license by
[submitting to reexamination and] complying with the requirements
and procedures, including the examination requirements, for
obtaining an original license.
(d-1) A person who was licensed in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding the date of application
may obtain a new license without reexamination. The person must pay
to the board a fee that is equal to two times the normally required
renewal fee for the license.
(e) Not later than the 30th day before the [expiration] date
[of] a person's license is scheduled to expire, the board shall send
written notice of the impending [license] expiration to the person
at the person's last known address according to the board's records.
SECTION 16. Section 262.053, Occupations Code, is amended
to read as follows:
Sec. 262.053. MEMBERSHIP RESTRICTIONS [RESTRICTION].
(a) In this section, "Texas trade association" means a cooperative
and voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the advisory committee
if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health care;
or
(3) the person is required to register as a lobbyist
under Chapter 305, Government Code, because of the person's
activities for compensation on behalf of a profession related to
the operation of the advisory committee.
(c) A person is not eligible for appointment as a member of
the advisory committee if the person is a member of the board.
SECTION 17. Subchapter B, Chapter 262, Occupations Code, is
amended by adding Section 262.0555 to read as follows:
Sec. 262.0555. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the advisory committee that a member:
(1) does not have at the time of taking office the
qualifications required by Section 262.052;
(2) does not maintain during service on the advisory
committee the qualifications required by Section 262.052;
(3) is ineligible for membership under Section
262.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled advisory committee meetings that the member is eligible
to attend during a calendar year without an excuse approved by a
majority vote of the advisory committee.
(b) The validity of an action of the advisory committee is
not affected by the fact that it is taken when a ground for removal
of an advisory committee member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the advisory committee of the potential
ground. The presiding officer shall then notify the governor and
the attorney general that a potential ground for removal exists. If
the potential ground for removal involves the presiding officer,
the executive director shall notify the next highest ranking
officer of the advisory committee, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
SECTION 18. Subchapter C, Chapter 262, Occupations Code, is
amended by adding Section 262.1025 to read as follows:
Sec. 262.1025. AUTHORITY OF ADVISORY COMMITTEE TO RECOMMEND
RULES; ADOPTION BY BOARD. (a) The advisory committee may make a
recommendation to the board relating to the regulation of the
practice of dental hygiene. A recommendation under this subsection
may include a proposed rule in a form suitable for publication in
the Texas Register.
(b) The board may:
(1) adopt a rule in accordance with the
recommendation; or
(2) reject the recommendation.
(c) If the board fails to take action on the recommendation
before the 91st day after the date the recommendation is submitted
to the board, the board shall adopt a rule in accordance with the
recommendation.
(d) Except as provided by Subsection (e), Section
262.102(c) applies to the adoption of a rule under this section.
(e) If the recommendation includes a proposed rule, the
board is not required to comply with Section 262.102(c) before
adopting the proposed rule.
SECTION 19. Chapter 263, Occupations Code, is amended by
adding Section 263.0075 to read as follows:
Sec. 263.0075. INFORMAL SETTLEMENT CONFERENCE;
RESTITUTION. (a) The board by rule shall establish procedures by
which a panel of board employees may conduct an informal settlement
conference to resolve a complaint against a person licensed under
this subtitle.
(b) Procedures established under this section must:
(1) permit involvement of a board member in an
informal settlement conference conducted by a panel of board
employees;
(2) ensure that the panel of board employees
conducting the conference has the necessary expertise and
experience;
(3) require the panel of board employees conducting
the conference to use the standardized penalty schedule adopted by
the board to determine the appropriate disciplinary action, if any,
to recommend to the board;
(4) require a settlement of the complaint recommended
by the panel of board employees to be approved by the board;
(5) permit the board to modify a recommended
settlement of the complaint with the approval of the license
holder; and
(6) permit the panel of board employees to refer the
complaint to the State Office of Administrative Hearings for a
formal hearing and require the panel to notify the board of the
referral.
(c) Subject to Subsection (d), the board may order a person
licensed under this subtitle to pay restitution to a patient as
provided in an agreement resulting from an informal settlement
conference instead of or in addition to assessing an administrative
penalty under Subchapter A, Chapter 264.
(d) The amount of restitution ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the patient paid to the license holder for a
service regulated by this subtitle. The board may not require
payment of other damages or estimate harm in a restitution order.
SECTION 20. The heading to Subchapter B, Chapter 264,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. INJUNCTION; CEASE AND DESIST ORDER
SECTION 21. Section 264.052, Occupations Code, is amended
to read as follows:
Sec. 264.052. REPRESENTATION OF STATE. The attorney
general or the district attorney or county attorney of the county in
which the unlawful acts occurred shall represent the state in a suit
under Section 264.051 [this subchapter].
SECTION 22. Subchapter B, Chapter 264, Occupations Code, is
amended by adding Sections 264.0525, 264.0526, and 264.0527 to read
as follows:
Sec. 264.0525. CEASE AND DESIST ORDER. (a) The board may
serve a proposed cease and desist order on a person the board
believes is engaging or is likely to engage in an activity without a
license or registration certificate required by this subtitle. The
order must:
(1) be delivered by personal delivery or registered or
certified mail, return receipt requested, to the person's last
known address;
(2) state the acts or practices alleged to be an
unauthorized activity; and
(3) state the effective date of the order, which may
not be before the 21st day after the date the proposed order is
delivered or mailed.
(b) Unless the person against whom the proposed order is
directed requests a hearing in writing before the effective date of
the order, the order takes effect and is final and nonappealable as
to that person.
(c) A requested hearing on a proposed order shall be held
not later than the 30th day after the date the board receives the
written request for a hearing unless the parties agree to a later
hearing date. A hearing under this subsection is subject to Chapter
2001, Government Code.
(d) After the hearing, the board shall issue or decline to
issue a cease and desist order. The proposed order may be modified
as necessary to conform to the findings at the hearing. An order
issued under this subsection:
(1) is immediately final for purposes of enforcement
and appeal; and
(2) must require the person to immediately cease and
desist from the unauthorized activity.
(e) The board may release to the public a final cease and
desist order issued under this section or information relating to
the existence of the order if the board determines that the release
would enhance the effective enforcement of the order or will serve
the public interest.
Sec. 264.0526. EMERGENCY CEASE AND DESIST ORDER. (a) The
board may issue an emergency cease and desist order to a person if
the board reasonably believes that:
(1) the person is engaging or is likely to engage in an
activity without a license or registration certificate required by
this subtitle; and
(2) the unauthorized activity constitutes a clear,
imminent, or continuing threat to a person's physical health or
well-being.
(b) The order must:
(1) be delivered on issuance to the person affected by
the order by personal delivery or registered or certified mail,
return receipt requested, to the person's last known address;
(2) state the acts or practices alleged to be an
unauthorized activity and require the person immediately to cease
and desist from the unauthorized activity; and
(3) contain a notice that a request for hearing may be
filed under this section.
(c) Unless the person against whom the emergency order is
directed requests a hearing in writing before the 11th day after the
date it is served on the person, the emergency order is final and
nonappealable as to that person. A request for a hearing must:
(1) be in writing and directed to the board; and
(2) state the grounds for the request to set aside or
modify the order.
(d) On receiving a request for a hearing, the board shall
serve notice of the time and place of the hearing by personal
delivery or registered or certified mail, return receipt requested.
The hearing must be held not later than the 10th day after the date
the board receives the request for a hearing unless the parties
agree to a later hearing date. A hearing under this subsection is
subject to Chapter 2001, Government Code.
(e) After the hearing, the board shall affirm, modify, or
set aside in whole or in part the emergency cease and desist order.
An order affirming or modifying the emergency cease and desist
order is immediately final for purposes of enforcement and appeal.
(f) An order continues in effect unless the order is stayed
by the board. The board may impose any condition before granting a
stay of the order.
(g) The board may release to the public a final cease and
desist order issued under this section or information regarding the
existence of the order if the board determines that the release
would enhance the effective enforcement of the order or will serve
the public interest.
Sec. 264.0527. APPEAL OF CEASE AND DESIST ORDER. (a) A
person affected by a cease and desist order issued, affirmed, or
modified after a hearing may file a petition for judicial review.
(b) A filed petition for judicial review does not stay or
vacate the order unless the court, after hearing, specifically
stays or vacates the order.
SECTION 23. Section 264.053, Occupations Code, is amended
to read as follows:
Sec. 264.053. REMEDIES CUMULATIVE. The remedies [remedy]
provided by this subchapter are [is] in addition to criminal
prosecution and cumulative of other remedies provided to prevent
the unlawful practice of dentistry.
SECTION 24. Chapter 265, Occupations Code, is amended by
adding Section 265.005 to read as follows:
Sec. 265.005. X-RAY CERTIFICATE. (a) A dental assistant
may not make dental x-rays unless the dental assistant holds a
certificate of registration issued by the board under this section.
(b) To qualify for a certificate of registration, a dental
assistant must pay a fee in an amount determined by the board and:
(1) pass an examination administered by the board
covering:
(A) the procedure for making dental x-rays;
(B) jurisprudence; and
(C) infection control; or
(2) pass an examination administered by the board
covering the subject described by Subdivision (1)(B) and be
certified as a dental assistant by the Dental Assisting National
Board if the board determines that the requirements for
certification by that board are sufficient to protect the public.
(c) The board shall set the registration fee for a dental
assistant who qualifies under Subsection (b)(1) in an amount
greater than the amount of the registration fee for a dental
assistant who qualifies under Subsection (b)(2).
(d) The portion of the examination described by Subsection
(b)(1)(B) must be tailored to a dental assistant's responsibilities
and role in a dental office.
(e) The board shall develop the examination or contract with
another person the board determines has the expertise and resources
to develop the examination. The board may create an advisory
committee consisting of dental industry professionals and
educators to advise the board in developing the examination.
(f) The examination shall be administered by the board or by
a testing service under an agreement with the board.
(g) A certificate of registration issued under this section
must be renewed annually.
(h) The board by rule shall develop a mandatory continuing
education program for holders of certificates of registration. The
board may not require a person to complete more than 12 hours of
continuing education annually. The curriculum must cover standards
of care, procedures for infectious disease control, and the
requirements of this subtitle. A person may not renew a certificate
of registration unless the person complies with the continuing
education requirements.
SECTION 25. Subtitle D, Title 3, Occupations Code, is
amended by adding Chapter 267 to read as follows:
CHAPTER 267. LICENSING OF FACULTY MEMBERS OF DENTAL OR DENTAL
HYGIENE SCHOOLS
Sec. 267.001. LICENSE REQUIRED. (a) A person may not
serve as a faculty member of a dental school unless the person holds
a dental school faculty member license issued under this chapter.
(b) A person may not serve as a faculty member of a dental
hygiene school unless the person holds a dental hygiene school
faculty member license issued under this chapter.
(c) This section does not apply to a person who does not have
direct patient contact.
Sec. 267.002. EXEMPTIONS. (a) A person is exempt from the
requirements of Section 267.001(a) if the person is licensed to
practice dentistry in this state.
(b) A person is exempt from the requirements of Section
267.001(b) if the person is licensed to practice dentistry or
dental hygiene in this state.
Sec. 267.003. QUALIFICATIONS FOR LICENSE. (a) To qualify
for a dental school faculty member license, a person must:
(1) file an application with the board that presents
proof that the applicant holds:
(A) a degree from a dental school; and
(B) a full-time or part-time salaried faculty
position at a dental school accredited by the Commission on Dental
Accreditation of the American Dental Association;
(2) submit an endorsement of the application from the
dean, department chair, or program director of the school described
by Subdivision (1)(B);
(3) pay the application fee set by the board; and
(4) pass an examination covering jurisprudence
administered by the board or by a testing service under an agreement
with the board.
(b) To qualify for a dental hygiene school faculty member
license, a person must:
(1) file an application with the board that presents
proof that the applicant holds:
(A) a degree from a dental hygiene school; and
(B) a full-time or part-time salaried faculty
position at a dental hygiene school accredited by the Commission on
Dental Accreditation of the American Dental Association;
(2) submit an endorsement of the application from the
dean, department chair, or program director of the school described
by Subdivision (1)(B);
(3) pay the application fee set by the board; and
(4) pass an examination covering jurisprudence
administered by the board.
(c) An applicant for a license under this chapter must:
(1) file an application for the license not later than
the 30th day after the date the person begins employment with the
dental or dental hygiene school; and
(2) pass the examination not later than the sixth
month after the date the person begins employment with the school.
(d) The board shall set the application fee in an amount
sufficient to cover the cost of administering this chapter.
(e) Notwithstanding Section 267.001, an applicant may have
direct patient contact before the applicant passes the examination.
Sec. 267.004. LICENSE RENEWAL. A license issued under this
chapter must be renewed annually.
Sec. 267.005. LICENSE EXPIRATION. (a) A license issued
under this chapter expires on the termination of the license
holder's employment with the dental or dental hygiene school.
(b) A license holder whose employment with a dental or
dental hygiene school terminates and who is subsequently employed
by the same or a different dental or dental hygiene school must
comply with the requirements for obtaining an original license,
except that the person is not required to retake the examination.
Sec. 267.006. PRACTICE OF DENTISTRY OR DENTAL HYGIENE
PROHIBITED. A license issued under this chapter does not authorize
the license holder to engage in the practice of dentistry or dental
hygiene.
SECTION 26. Subdivision (5), Section 467.001, Health and
Safety Code, is amended to read as follows:
(5) "Professional" means an individual who:
(A) may incorporate under The Texas Professional
Corporation Act (Article 1528e, Vernon's Texas Civil Statutes); or
(B) is licensed, registered, certified, or
otherwise authorized by the state to practice as a licensed
vocational nurse, certified social worker, occupational therapist,
speech-language pathologist, audiologist, [or] licensed dietitian,
or dental or dental hygiene school faculty member.
SECTION 27. Sections 257.003 and 262.057, Occupations Code,
are repealed.
SECTION 28. (a) One of the four dentist positions on the
State Board of Dental Examiners that have terms scheduled to expire
February 1, 2005, is abolished on September 1, 2003. On or before
September 1, 2003, the members who hold those four positions shall
determine by unanimous agreement or by lot which position is
abolished on September 1, 2003, and shall inform the president of
the board of that determination.
(b) One of the three dentist positions on the State Board of
Dental Examiners that have terms scheduled to expire February 1,
2007, is abolished on September 1, 2003. On or before September 1,
2003, the members who hold those three positions shall determine by
unanimous agreement or by lot which position is abolished on
September 1, 2003, and shall inform the president of the board of
that determination.
(c) One of the two public member positions on the State
Board of Dental Examiners that have terms scheduled to expire
February 1, 2009, is abolished on September 1, 2003. On or before
September 1, 2003, the members who hold those two positions shall
determine by unanimous agreement or by lot which position is
abolished on September 1, 2003, and shall inform the president of
the board of that determination.
SECTION 29. The changes in law made by Section 252.006,
Occupations Code, as amended by this Act, do not affect the
entitlement of a person who was serving as president of the State
Board of Dental Examiners immediately before September 1, 2003, to
continue to serve and function in that capacity for the remainder of
the person's term as president. Those changes in law apply only to
the designation of a presiding officer of the board after that
person's term as president expires.
SECTION 30. The changes in law made by Section 252.010,
Occupations Code, as amended by this Act, do not affect the
entitlement of a member serving on the State Board of Dental
Examiners immediately before September 1, 2003, to continue to
serve and function as a member of the board for the remainder of the
member's term. Those changes in law apply only to a member
appointed on or after September 1, 2003.
SECTION 31. If before implementing Section 254.011,
Occupations Code, as added by this Act, a state agency determines
that a waiver or authorization from a federal agency is necessary
for implementation of that provision, the agency affected by the
provision shall request the waiver or authorization and may delay
implementing that provision until the waiver or authorization is
granted.
SECTION 32. The changes in law made by Section 262.053,
Occupations Code, as amended by this Act, do not affect the
entitlement of a member serving on the Dental Hygiene Advisory
Committee immediately before September 1, 2003, to continue to
serve and function as a member of the advisory committee for the
remainder of the member's term. Those changes in law apply only to
a member appointed on or after September 1, 2003.
SECTION 33. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2003.
(b) The State Board of Dental Examiners and the Health and
Human Services Commission shall enter into an agreement under
Section 254.011, Occupations Code, as added by this Act, not later
than January 1, 2004.
(c) A person is not required to obtain a certificate of
registration under Section 265.005, Occupations Code, as added by
this Act, before September 1, 2004.
(d) Notwithstanding Subsection (c) of this section, a
person who qualified for registration with the State Board of
Dental Examiners under 22 T.A.C. Section 115.10 before September 1,
2004, by successfully completing the examination described by
Subdivision (3), Subsection (e) of that section, is not required to
obtain a certificate of registration under Section 265.005,
Occupations Code, as added by this Act, before September 1, 2006.
(e) Section 267.001, Occupations Code, as added by this Act,
takes effect March 1, 2004.
(f) Notwithstanding Subsection (e) of this section, a
person who was employed as a faculty member by a dental or dental
hygiene school before September 1, 2003, is not required to obtain a
license under Chapter 267, Occupations Code, as added by this Act,
before September 1, 2004.
(g) This section and Section 28 of this Act take effect
immediately if this Act receives a vote of two-thirds of all the
members elected to each house, as provided by Section 39, Article
III, Texas Constitution. If this Act does not receive the vote
necessary for immediate effect, this section and Section 28 of this
Act take effect September 1, 2003.
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