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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 632

                                                                                                                                          By: Nelson

                                                                                                                  Health & Human Services

                                                                                                                                              3/2/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

As a result of the Sunset process, S.B. 263, 78th Legislature, Regular Session, created a set of new requirements for dental assistants who take dental x-rays.  The goal was to ensure public safety by standardizing the level of knowledge among dental assistants taking dental x-rays.  The bill required affected persons to pass examinations on the procedures for making dental x-rays, infection control, and jurisprudence.

 

As proposed, S.B. 632 builds upon previous legislation by expanding accessibility.  It requires the examinations, study guides, and reference materials to be available through the Internet.  It also requires the examinations to be available in both English and Spanish.  Moreover, it allows dental assistants to take approved computer courses and self-study materials to complete continuing education requirements.

 

This bill retains safeguards to protect the public by requiring the Board of Dental Examiners to develop guidelines to protect against breaches of security of the examinations.  It requires a dentist to proctor examinations taken through the Internet.  It also requires the board to develop an advisory committee of dental professional to advise on developing the examinations, study guides, and reference materials. 

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the State Board of Dental Examiners in SECTION 1 (Section 265.005, Occupations Code) of this bill.  Rulemaking authority previously granted to the State Board of Dental Examiners is modified in SECTION 1 (Section 265.005, Occupations Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 265.005, Occupations Code, [by amending Subsections (d), (e), (f), (g), and (h) and adding Subsections (i) and (j),] as follows:

 

(a) - (c) No changes made.

 

(d) Requires the entire examination [for a certificate or registration for a dental assistant to make dental x-rays], rather than the portion of the exam regarding jurisprudence, to be tailored to a dental assistant's responsibilities and role in the dental office.

 

(e) Requires, rather than authorizes, the State Board of Dental Examiners (board) to create an advisory committee consisting of certain persons to advise the board in developing the examination.  Requires the advisory committee to advise the board on any study guides or reference materials provided by the board for use in preparation for this examination.

 

(f) Requires the examination to be offered through the Internet as defined in Section 2054.120(b), Government Code (Electronic Mail Address).  Requires the board, by rule, to specify guidelines to ensure adequate protections to guarantee the identity of the person taking the examination and prevent any other breaches of the security of the examination.  Requires a dentist to proctor persons taking the examination through the Internet.  Requires the board to make available the study guides or reference materials developed pursuant to Subsection (e) through the Internet. 

 

(g) Requires the examination to be available in both English and Spanish.  Deletes the requirement that a certificate of registration issued under this section be renewed annually.

 

(h) Requires the board, by rule, to develop or approve mandatory continuing education courses, rather than to develop a mandatory continuing education program, for holders of certificates of registration.  Permits holders of certificates of registration to fulfill continuing education requirements through board-approved self-study and interactive computer courses.  Requires the courses to cover procedures for making dental x-rays, infection control, jurisprudence, and other subjects within dental assistant permitted duties.  Requires holders of certificates of registration to complete courses on the procedures for making dental x-rays, infection control, and jurisprudence at least once every three years.  Deletes the requirement that the curriculum cover standards of care, procedures for infectious disease control, and the requirements of this subtitle. 

 

(i)  Prohibits a dentist from allowing a dental assistant to make dental x-rays unless the dental assistant is in compliance with this section. 

 

(j)  Requires a certificate of registration issued under this section to be renewed annually.

 

SECTION 2.  Effective date: September 1, 2005.