By:  Nelson                                                       S.B. No. 632


A BILL TO BE ENTITLED

AN ACT

relating to the requirements for issuance of a dental x-ray 
certificate to a dental assistant.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 2.  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 after completing 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) [(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 dental industry 
professionals and educators to advise the board in adopting rules 
under Subsection (e).
	(e)  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.                 
	(f)  The course and examination under Subsection (b)(1) 
shall comply with board rules and be developed and administered by:
		(1)  a school or program accredited by the Commission 
on Dental Accreditation of the American Dental Association, if the 
board determines that the accreditation requirements are 
sufficient to protect the public; or
		(2)  a dental industry professional organization.                      
	(g)  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 [the board or by a testing service under an agreement with the 
board].
	(h) [(g)]  A certificate of registration issued under this 
section must be renewed annually.
	(i) [(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].
	(j)  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.
	SECTION 3.  (a)  The State Board of Dental Examiners shall 
study the feasibility of providing through the Internet the course 
and examination described by Subdivision (1), Subsection (b), 
Section 265.005, Occupations Code, as amended by this Act.
	(b)  As part of the study, the State Board of Dental 
Examiners shall consider:
		(1)  the effect of increasing accessibility to the 
course or examination through the Internet;
		(2)  the cost benefit to the person taking the course or 
examination through the Internet; and
		(3)  potential breaches of security caused by offering 
the course or examination through the Internet, including whether 
the identity of the person taking the course and examination may be 
verified.
	(c)  Not later than November 1, 2006, the State Board of 
Dental Examiners shall report on the results of the study to the 
lieutenant governor and the speaker of the house of 
representatives.
	SECTION 4.  Section 265.005, Occupations Code, as amended by 
this Act, applies only to a certificate of registration renewed on 
or after the effective date of this Act.  A certificate renewed 
before the effective date of this Act is governed by the law that 
existed at the time of renewal, and the former law is continued in 
effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2006.