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By: Nelson S.B. No. 610
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of dentistry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 251.004, Occupations
Code, is amended to read as follows:
(a) A person does not practice dentistry as provided by
Section 251.003 if the person is:
(1) a faculty member of a reputable dental or dental
hygiene school in which the member performs services for the sole
benefit of the school;
(2) a student of a reputable dental school who
performs the student's operations without pay, except for actual
cost of materials, in the presence of and under the direct personal
supervision of a demonstrator or teacher who is a faculty member of
a reputable dental school;
(3) a person:
(A) who performs laboratory work only on inert
matter; and
(B) who does not solicit or obtain work by any
means from a person who is not a licensed dentist engaged in the
practice of dentistry and does not act as the agent or solicitor of,
and does not have any interest in, a dental office or practice or
the receipts of a dental office or practice;
(4) a physician licensed in this state who does not
represent that the person is practicing dentistry, including a
physician who extracts teeth or applies pain relief in the regular
practice of the physician's profession;
(5) a dental hygienist:
(A) who is authorized to practice dental hygiene
in this state; and
(B) who practices dental hygiene in strict
conformity with the state law regulating the practice of dental
hygiene;
(6) a person who is a member of an established church
and practices healing by prayer only;
(7) an employee of a licensed dentist in this state who
makes dental x-rays in the dental office under the supervision of
the dentist;
(8) a Dental Health Service Corporation chartered
under Section A(1), Article 2.01, Texas Non-Profit Corporation Act
(Article 1396-2.01, Vernon's Texas Civil Statutes);
(9) a dental intern or dental resident as defined and
regulated by board rules;
(10) a student:
(A) who is in a dental hygiene program accredited
by the Commission on Dental Accreditation of the American Dental
Association and operated at an accredited institution of higher
education;
(B) who practices dental hygiene without pay
under the general supervision of a dentist and under the
supervision of a demonstrator or teacher who is a faculty member of
the program:
(i) in a clinic operated for the sole
benefit of the program's institution of higher education; or
(ii) in a clinic operated by a government or
nonprofit organization that serves underserved populations as
determined by board rule; and
(C) who practices in strict conformity with state
law regulating the practice of dental hygiene;
(11) a dental assistant who performs duties permitted
under Chapter 265, in strict conformity with state law;
(12) a dentist or dental hygienist licensed by another
state or a foreign country who performs a clinical procedure only as
a demonstration for professional and technical education purposes,
if the dentist or dental hygienist first obtains from the board a
temporary license for that purpose;
(13) a dental hygienist who is a faculty member of a
dental or dental hygiene school while practicing dental hygiene:
(A) under the supervision of a dentist licensed
in this state or of a teacher or demonstrator who is a dentist
faculty member of the school; and
(B) in strict conformity with state law
regulating the practice of dental hygiene;
(14) a dentist who is in a remedial training program
sponsored by the Commission on Dental Accreditation of the American
Dental Association at an accredited dental or dental hygiene
school;
(15) a dental hygienist who is in a remedial training
program sponsored by the Commission on Dental Accreditation of the
American Dental Association at an accredited dental or dental
hygiene school and who acts in strict conformity with state law
regulating the practice of dental hygiene, except that supervision
may be provided by a demonstrator or teacher who is a dentist member
of the program;
(16) a dentist who is not licensed in this state and
who is taking the dental clinical examination offered [by the
Western Regional Examining Board] in this state by an examining
body designated by the board;
(17) a dental hygienist who is not licensed in this
state and who is taking the dental hygiene clinical examination
offered [by the Western Regional Examining Board] in this state by
an examining body designated by the board if participation is in
strict conformity with state law regulating the practice of dental
hygiene, except that supervision may be provided by a dentist whose
services are secured by the examining body [Western Regional
Examining Board];
(18) a dentist whose license is in retired status or
who is licensed in another state and is attending a continuing
education clinical program offered at a dental or dental hygiene
school accredited by the Commission on Dental Accreditation of the
American Dental Association; or
(19) a dental hygienist whose dental hygienist license
is in retired status or who is licensed in another state and is
attending a continuing education clinical program offered at a
dental or dental hygiene school accredited by the Commission on
Dental Accreditation of the American Dental Association if tasks
are performed in strict conformity with state law regulating the
practice of dental hygiene, except that supervision may be provided
by a dentist member of the program.
SECTION 2. Subsection (d), Section 255.006, Occupations
Code, is amended 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;
(5) require that investigators used by the board be
state employees; and
(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].
SECTION 3. Section 256.103, Occupations Code, is amended by
adding Subsection (c) to read as follows:
(c) A person may practice without displaying the person's
current registration certificate as required by Subsection (a) for
not more than 30 days after the date the person receives from the
board written confirmation that the person's original license was
issued.
SECTION 4. Subsection (b), Section 257.002, Occupations
Code, is amended to read as follows:
(b) A person who is otherwise eligible to renew a license
may renew an unexpired license without monetary penalty by paying
the required renewal fee to the board not later than the 10th day
after [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.
SECTION 5. Subsections (b) and (c), Section 263.004,
Occupations Code, are amended to read as follows:
(b) The board may not temporarily suspend a license or
permit under this section without notice or hearing unless [if] at
the time of the temporary suspension the board or the executive
committee requests the State Office of Administrative Hearings to
set a date for a hearing on the temporary suspension.
(c) The State Office of Administrative Hearings shall hold a
hearing not later than the 30th [14th] day after the date the
license or permit is suspended unless the license or permit holder
requests a continuance. The State Office of Administrative
Hearings shall hold a second hearing on the suspension and on any
other action to be taken against the license or permit holder not
later than the 60th day after:
(1) the date the license or permit is temporarily
suspended; or
(2) the date specified in the continuance requested by
the license or permit holder.
SECTION 6. Subsections (a) and (b), Section 263.006,
Occupations Code, are amended to read as follows:
(a) The board shall suspend a license holder's license
issued under this subtitle on proof [if it is determined at an
administrative hearing] that the person has been:
(1) initially convicted of:
(A) a felony;
(B) a misdemeanor under Chapter 22, Penal Code,
other than a misdemeanor punishable by fine only;
(C) a misdemeanor on conviction of which a
defendant is required to register as a sex offender under Chapter
62, Code of Criminal Procedure;
(D) a misdemeanor under Section 25.07, Penal
Code; or
(E) a misdemeanor under Section 25.071, Penal
Code; or
(2) subject to an initial finding by the trier of fact
of guilt of a felony under:
(A) Chapter 481 or 483, Health and Safety Code;
(B) Section 485.033, Health and Safety Code; or
(C) the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. Section 801 et seq.) [convicted of a
felony under Chapter 481 or 483, Health and Safety Code, or Section
485.033, Health and Safety Code].
(b) On final conviction for an offense described by
Subsection (a), the [The] board shall revoke the person's license
[on the person's final conviction].
SECTION 7. Section 264.151, Occupations Code, is amended by
adding Subsection (f) to read as follows:
(f) Venue for the prosecution of an offense under this
section is in Travis County or in the county in which the offense
occurred.
SECTION 8. Section 266.303, Occupations Code, is amended by
adding Subsection (d) to read as follows:
(d) Venue for the prosecution of an offense under this
section is in Travis County or in the county in which the offense
occurred.
SECTION 9. Subsection (d-2), Section 255.006, Occupations
Code, is repealed.
SECTION 10. (a) Section 256.103, Occupations Code, as
amended by this Act, applies only to a person licensed on or after
the effective date of this Act. A person licensed before that date
is governed by the law in effect immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
(b) Section 263.006, Occupations Code, as amended by this
Act, applies only to a person who is initially convicted of an
offense on or after the effective date of this Act. A person
initially convicted of an offense before that date is governed by
the law in effect on the date the conviction occurred, and the
former law is continued in effect for that purpose.
(c) Section 257.002, Occupations Code, as amended by this
Act, applies only to a license that expires on or after the
effective date of this Act. A license that expires before that date
is governed by the law in effect on the date the license expired,
and the former law is continued in effect for that purpose.
(d) Section 263.004, Occupations Code, as amended by this
Act, applies only to a license or permit suspended on or after the
effective date of this Act. A license or permit suspended before
that date is governed by the law in effect on the date the license or
permit was suspended, and the former law is continued in effect for
that purpose.
(e) Sections 264.151 and 266.303, Occupations Code, as
amended by this Act, apply only to an offense committed on or after
the effective date of this Act. For purposes of this subsection, an
offense is committed before the effective date of this Act if any
element of the offense occurs before that date. An offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose.
SECTION 11. This Act takes effect September 1, 2005.