HBA-SEB H.B. 3534 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3534 By: Coleman Public Health 4/13/1999 Introduced BACKGROUND AND PURPOSE Currently, the Dental Hygiene Advisory Committee (DHAC) assists the State Board of Dental Examiners (SBDE) in regulating dental hygienists. Ultimately, however, the practice of regulating dental hygienists lies with SBDE. Although licensed dentists outnumber licensed hygienists by about 1.5 to one, dentists outnumber hygienists five to one on SBDE, which regulates both practices. Dental hygienists work in one of the few professions that does not have a majority or plurality on its licensing board and in the only licensed health care profession that is regulated by a board where another profession constitutes the board's majority. H.B. 3534 establishes the Dental Hygiene Committee (committee), renamed to more accurately reflect its new functions, as the agent of SBDE in all matters relating to the adoption of regulations for dental hygienists. This bill also subjects the committee to the Texas Sunset Act on its own merits and expands the committee's membership to include five hygienists, three public members, and one dentist. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Dental Hygiene Committee in SECTION 5 (Section 4A, Article 4551e, V.T.C.S.) of this bill. It is also the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the State Board of Dental Examiners is modified in SECTION 4 (Section 4, Article 4551e, V.T.C.S.) and SECTION 5 (Article 4A, Article 4551e, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 4543b, V.T.C.S., to make the Dental Hygiene Committee (committee) subject to the Texas Sunset Act along with the State Board of Dental Examiners (SBDE). Establishes that the committee is abolished on September 1, 2005, unless continued in existence as provided by the Texas Sunset Act. Specifies that the provisions of Section 2110.008, Government Code (Duration of Advisory Committees), do not apply to the committee. SECTION 2. Amends Article 4547a, V.T.C.S., to require the committee, along with SBDE, to jointly have power and authority to appoint such clerks, advisors, consultants, hygienists, and/or examiners to aid the committee and SBDE in carrying out their duties. Makes conforming changes. SECTION 3. Amends Sections 4(a), (g), and (i), Article 4550a, V.T.C.S., as follows: (a) Authorizes the committee, with SBDE, to employ an executive director. Requires all disbursements from the dental registration account to be made only upon the written approval of the president of SBDE, secretary of SBDE, chair of the committee, or an employee designated jointly by SBDE and committee and upon warrants drawn by the comptroller to be paid out of the account. Requires all joint decisions regarding employment or compensation of employees to be by vote of the combined membership of SBDE and the committee. Makes conforming changes. (g) Makes a conforming change. (i) Makes conforming changes. SECTION 4. Amends Section 4, Article 4551e, V.T.C.S. (Chapter 475, Acts of the 52nd Legislature, Regular Session, 1951), to require SBDE to administer and enforce the provisions of this Act. Requires SBDE, through the committee, to adopt and promulgate all rules and regulations as the committee may deem necessary and not inconsistent with the provisions of this Act, for the purpose of this Act and for its enforcement. SECTION 5. Amends Section 4A, Article 4551e, V.T.C.S. (Chapter 475, Acts of the 52nd Legislature, Regular Session, 1951), as follows: Sec. 4A. New title: DENTAL HYGIENE COMMITTEE. Establishes the Dental Hygiene Committee, rather than the Dental Hygiene Advisory Committee. Requires the committee to be composed of nine, rather than six, members. Sets forth the composition of the committee. Requires two of the five dental hygienists on the committee, all three public members, and the dentist to be sitting members of SBDE. Provides that the power of SBDE to promulgate and adopt rules on matters relating to dental hygiene are vested in and exercised by the committee. Requires SBDE to provide the committee with a copy of the materials and minutes of all board meetings. Prohibits a rule relating to the practice of dental hygiene from being considered adopted unless the rule was adopted by the committee. Deletes existing text providing that a member of the committee is not entitled to reimbursement for travel expenses except for transportation. Entitles a member to travel expenses as provided by the General Appropriations Act. SECTION 6. Abolishes the Dental Hygiene Advisory Committee. Requires the governor, by November 1, 1999, to make specific initial appointments to the committee for terms that expire at certain times. Authorizes the governor to make initial appointments to the committee from sitting members of the Dental Hygiene Advisory Committee and SBDE as of August 31, 1999. Requires the committee to hold its first meeting by January 1, 2000. SECTION 7. Effective date: September 1, 1999. Provides that a rule adopted by SBDE relating to the regulation of dental hygiene before that date remains in effect until a rule is adopted by the committee on the same issue. SECTION 8. Emergency clause.