Be it enacted by the legislature of the state of texas



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By: NelsonS.B. No. 533


A BILL TO BE ENTITLED

AN ACT


relating to the regulation of certain occupations by the State Board of Dental Examiners.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Section 252.009, Occupations Code, is amended to read as follows:

Sec. 252.009.  MEETINGS. [(a)]  The board shall hold meetings at least twice a year at times and places the board determines are most convenient for applicants for examination.

[(b)  Notice of the meeting shall be published in a newspaper selected by the board.]

SECTION 2.  Subsection (c), Section 256.003, Occupations Code, is amended to read as follows:

(c)  The board shall contract with one or more [an] independent or regional testing services [service] for any required clinical examination. If the board uses one or more [a] regional testing services [service], the board may contract for or otherwise use licensed dentists to provide assistance to the regional testing service or services.

SECTION 3.  Subsections (b) and (c), Section 256.055, Occupations Code, are amended to read as follows:

(b)  The examination must include subjects and operations relating to dentistry and dental hygiene, including:

(1)  anatomy;

(2)  pharmacology;

(3)  x ray;

(4)  ethics;

(5)  jurisprudence;

(6)  hygiene; [and]

(7)  dental hygiene treatment planning;



(8)  dental materials;

(9)  physiology;

(10)  pathology;

(11)  microbiology; and

(12)  any other subject regularly taught in reputable schools of dentistry and dental hygiene that the board may require.

(c)  The board shall contract with one or more [an] independent or regional testing services [service] for any required clinical examination. If the board uses one or more [a] regional testing services [service], the board may contract for or otherwise use licensed dental hygienists to provide assistance to the regional testing service or services.

SECTION 4.  The section heading to Section 256.101, Occupations Code, is amended to read as follows:

Sec. 256.101.  ISSUANCE OF LICENSE TO CERTAIN OUT OF STATE APPLICANTS [RECIPROCAL LICENSE].

SECTION 5.  Subsection (a), Section 256.105, Occupations Code, is amended to read as follows:

(a)  Each dentist, dental hygienist, and owner or manager of a dental laboratory[, and dental technician] licensed or registered with the board shall timely notify the board of:

(1)  any change of address of the person's place of business; and

(2)  any change of employers for the dentist or [,] dental hygienist[, dental laboratory, or dental technician,] and any change of owners or managers for the dental laboratory.

SECTION 6.  Section 257.004, Occupations Code, is amended to read as follows:

Sec. 257.004.  CARDIOPULMONARY RESUSCITATION REQUIREMENTS. (a)  A person holding a dental or dental hygienist license must attach to the person's renewal application:

(1)  proof that the applicant has successfully completed a current program or course in cardiopulmonary resuscitation that includes a demonstration of skills and a written evaluation [approved by the American Heart Association or American Red Cross]; or

(2)  if the person is not physically able to comply with the requirements of Subdivision (1), a written statement describing the person's physical incapacity executed by a licensed physician [or an instructor in cardiopulmonary resuscitation approved by the American Heart Association or American Red Cross].

(b)  The proof of completion described by Subsection (a)(1) must be issued by the American Heart Association or American Red Cross and bear the national logo of that entity.

(c)  A dentist or dental hygienist licensed by the board who resides in a country other than the United States on the renewal date of the person's license and has not practiced dentistry or dental hygiene in the United States during the year preceding the renewal date is exempt from the requirements of Subsection (a) if the person submits proof of foreign residence with the person's renewal application.

SECTION 7.  Section 262.054, Occupations Code, is amended to read as follows:

Sec. 262.054.  TERMS. (a)  Members of the advisory committee serve staggered six year terms with the terms of one third of the members expiring on February 1 of each odd numbered year.

(b)  A member may serve only one six year term.

SECTION 8.  Section 263.004, Occupations Code, is amended to read as follows:

Sec. 263.004.  TEMPORARY SUSPENSION IN EMERGENCY. (a)  If the board or an executive committee of the board determines from the evidence or information presented that the continued practice by a person licensed under this subtitle, or the continued performance by a person licensed under this subtitle of a procedure for which the person holds a permit issued by the board, would constitute a clear, imminent, or continuing threat to a person's physical health or well being, the board or the executive committee shall temporarily suspend the person's license or permit, as applicable.

(b)  The board may temporarily suspend a license or permit under this section without notice or hearing 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 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.

(d)  If the State Office of Administrative Hearings does not hold a hearing within the time provided by Subsection (c), the suspended license or permit is automatically reinstated.

SECTION 9.  (a)  In accordance with Subsection (c), Section 311.031, Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute, the text of Section 257.004, Occupations Code, as set out in this Act, gives effect to changes made by Chapter 627, Acts of the 76th Legislature, Regular Session, 1999.

(b)  To the extent of any conflict, this Act prevails over another Act of the 77th Legislature, Regular Session, 2001, relating to nonsubstantive additions and corrections in enacted codes.

SECTION 10.  (a)  Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2001.

(b)  The change in law made by this Act to Section 257.004, Occupations Code, takes effect January 1, 2002, and applies only to the renewal of a dental or dental hygienist license that expires on or after that date. The renewal of a dental or dental hygienist license that expires before that date is governed by the law in effect on the date the license expires, and that law is continued in effect for that purpose.

(c)  Section 262.054, Occupations Code, as amended by this Act, does not prohibit a person who on the effective date of this Act is a member of the Dental Hygiene Advisory Committee and has previously served a six year term from serving the remainder of the member's term.
COMMITTEE AMENDMENT NO. 1

Amend S.B. No. 533 as follows:

(1)  Between SECTIONS 4 and 5 of the bill (Senate Engrossed Version page 2, between lines 21 and 22), insert the following section, appropriately numbered, and renumber the subsequent sections accordingly:

SECTION __. Section 256.101(a), Occupations Code, is amended to read as follows:

(a)  The board shall issue a license to practice dentistry to a reputable dentist or a license to practice dental hygiene to a reputable dental hygienist who:

(1)  pays the fee set by the board;

(2)  is licensed in good standing as a dentist or dental hygienist in another state that has licensing requirements substantially equivalent to the requirements of this subtitle;

(3)  has not been the subject of a final disciplinary action and is not the subject of a pending disciplinary action in any jurisdiction in which the dentist or dental hygienist is or has been licensed;

(4)  has graduated from a dental or dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the board under board rule;

(5)  has passed a national or other examination relating to dentistry or dental hygiene and recognized by the board;

(6)  has passed the board's jurisprudence examination;

(7)  has submitted documentation of current cardiopulmonary resuscitation certification;

(8)  has practiced dentistry or dental hygiene:

(A)  for at least the five years preceding the date of application under this section for a license to practice dentistry or for at least the three years preceding the date of application under this section for a license to practice dental hygiene [under this section]; or

(B)  as a dental educator at a dental school or dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association for at least the five years preceding the date of application for a license under this section;

(9)  has been endorsed by the board of dentistry in the jurisdiction in which the applicant practices at the time of application; and

(10)  meets any additional criteria established by board rule.

(2)  In SECTION 9(a) of the bill (Senate Engrossed Version page 5, line 19), strike "Section 257.004" and substitute "Sections 256.101(a) and 257.004".



77R10708 SMH FLongoria


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