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.