By: Nelson S.B. No. 632
(In the Senate - Filed February 22, 2005; March 1, 2005,
read first time and referred to Committee on Health and Human
Services; March 21, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 21, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 632 By: Nelson
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.
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