S.B. No. 610
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 256.102, Occupations Code, is amended by
amending Subsection (c) and adding Subsection (f) to read as
follows:
(c) A license holder on retired status:
(1) is not required to pay license renewal fees; and
(2) except as provided by Subsection (f), may not
perform any activity regulated under this subtitle.
(f) A dentist on retired status may perform an activity
regulated under this subtitle if the dentist's practice consists
only of voluntary charity care, as defined by board rule. The
board's rules under this subsection must prescribe the scope of
practice permitted for the retired dentist, the retired dentist's
authority to prescribe and administer drugs, and any continuing
education requirements applicable to the retired dentist.
SECTION 4. 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 5. Section 258.054, Occupations Code, is amended by
adding Subsection (c) to read as follows:
(c) A dentist may not authorize a dental assistant to make a
dental x-ray unless the dental assistant holds an x-ray certificate
issued under Section 265.005.
SECTION 6. 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 7. 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 8. Subsection (b), Section 265.004, Occupations
Code, is amended to read as follows:
(b) To qualify for a certificate, an applicant must:
(1) have at least two years' experience as a dental
assistant; and
(2) have successfully completed a minimum of 16 hours
of clinical and didactic education in pit and fissure sealants
taken through an accredited dental hygiene program or a dental
assisting program accredited by the Commission on Dental
Accreditation of the American Dental Association and approved by
the board.
SECTION 9. Section 265.005, Occupations Code, is amended 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 under this
section on completion of a course [by the board] covering:
(A) the procedure for making dental x-rays;
(B) jurisprudence; and
(C) infection control; or
(2) complete a course and 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 course and [portion of the] examination described
by Subsection (b)(1) [(b)(1)(B)] must be tailored to a dental
assistant's responsibilities and role in a dental office.
(d) A course and examination described by Subsection (b) may
be offered through self-study, interactive computer courses, or
lecture courses and may be offered through the Internet. The course
and examination must comply with rules adopted under Subsection (f)
and be approved by the board.
(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 shall [may]
create an advisory committee consisting of dentists, dental
assistants, and dental assistant [industry professionals and]
educators to advise the board in adopting rules under Subsection
(f).
(f) The board by rule shall set:
(1) objectives for [developing] the examination and
course under Subsection (b)(1); and
(2) procedures to ensure the examination's integrity.
(g) [(f)] The course and examination under Subsection
(b)(1) shall comply with board rules. Any school or program
accredited by the Commission on Dental Accreditation of the
American Dental Association or any dental industry professional
organization may offer a course and examination that complies with
board rules.
(h) The board, in consultation with the advisory committee,
shall develop a program to ensure that courses and examinations
developed or administered under this section comply with board
rules [be administered by the board or by a testing service under an
agreement with the board].
(i) [(g)] A certificate of registration issued under this
section must be renewed annually. Except as otherwise provided by
this subsection, the board may not require a person who has
successfully completed the course and examination required under
Subsection (b) to complete an additional course or examination to
renew the registration. The board may require a person to complete
a new course and examination if the person fails to renew the
person's certificate of registration before the second anniversary
of the date the certificate expired.
(j) [(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 dental assistant duties [standards of care, procedures
for infectious disease control, and the requirements of this
subtitle].
(k) A person may not renew a certificate of registration
unless the person complies with the continuing education
requirements. The person may fulfill continuing education
requirements through board-approved self-study, interactive
computer courses, or lecture courses.
(l) A dental assistant who is hired as a dental assistant
for the first time and who has not previously been issued a
certificate under this section may make dental x-rays without
complying with this section until the first anniversary of the date
on which the dental assistant is hired.
SECTION 10. Subsection (d-2), Section 255.006, Occupations
Code, is repealed.
SECTION 11. (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 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.
SECTION 12. Not later than March 1, 2006, the State Board of
Dental Examiners shall adopt the rules required by Subsection (f),
Section 256.102, Occupations Code, as added by this Act.
SECTION 13. Not later than July 1, 2006, the State Board of
Dental Examiners shall adopt the rules required by Subsection (f),
Section 265.005, Occupations Code, as amended by this Act.
SECTION 14. Compliance with Section 265.005, Occupations
Code, as amended by this Act, is required only for a certificate of
registration issued or renewed on or after September 1, 2006,
except as provided by this section and Section 15 of this Act. If
the State Board of Dental Examiners determines that additional time
is necessary to implement the new course and examination system
under Section 265.005, Occupations Code, as amended by this Act,
the board may extend the time required for compliance under this
section to January 1, 2007.
SECTION 15. (a) This section applies only to a dental
assistant who qualified for registration with the State Board of
Dental Examiners under former 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.
(b) Section 258.054, Occupations Code, as amended by this
Act, does not apply to a dental assistant until on and after
September 1, 2007.
(c) A dental assistant is not required to obtain a
certificate of registration under Section 265.005, Occupations
Code, as amended by this Act, before September 1, 2007. Before
September 1, 2007, a dental assistant shall comply with:
(1) the former law, and the former law is continued in
effect for that purpose; or
(2) Section 265.005, Occupations Code, as amended by
this Act.
SECTION 16. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 610 passed the Senate on
March 17, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 610 passed the House, with
amendment, on May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor