HBA-SEB S.B. 964 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 964 By: Lucio Public Health 4/26/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law provides for certain regulations for dentists and dental hygienists. S.B. 964 amends those regulations to modify licensure requirements for dentists and dental hygienists and to make technical changes to the law governing those occupations. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the State Board of Dental Examiners (board) in SECTION 2 (Section 1, Article 4544, V.T.C.S.) of this bill. It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the board is modified in SECTION 2 (Section 4, Article 4544, V.T.C.S.), SECTION 17 (Article 4551a, V.T.C.S.), and SECTION 23 (Section 5A, Article 4551e, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 3(a) and (b), Article 4543a, V.T.C.S., to prohibit an officer, employee, or paid consultant of a Texas trade association in the field of health care or such a person's spouse from being a member or employee of the State Board of Dental Examiners (board) if the person is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for B9, rather than step 1, salary group 17, of the position classification salary schedule. SECTION 2. Amends Article 4544, V.T.C.S., as follows: Sec. 1. Requires each person applying for a license, rather than an examination, to pay to the board an application fee set by the board. Requires the board to have the written portion of the board's jurisprudence examination validated by an independent testing professional. Redesignates Subsection (b) to (e). Sec. 2. Provides that if the board contracts with an independent or regional testing service, this section does not apply. Requires the contract with the independent or regional testing service to provide for notification of results as provided by Subsection (a) of this section. Deletes text regarding provisions authorized to be in the board's rules and regulations. Makes a conforming change. Sec. 3. Redesignated from Section 4. Makes a conforming change. Sec. 4. Redesignated from Section 5. Requires the board, by rule, to require a licensee to complete at least 12, rather than 36, hours of continuing education for each annual registration period, rather than each three-year period, as a prerequisite to renewal for a subsequent annual period. Makes conforming changes. SECTION 3. Amends Article 4545, V.T.C.S., to require each applicant for a license to practice dentistry to present specific proof of graduation. Makes a conforming change. SECTION 4. Amends Section 1(a), Article 4545a, V.T.C.S., to require the board, upon payment by the applicant of a fee set by the board, to grant a license to practice dentistry to any reputable dentist or a license to practice dental hygiene to any reputable dental hygienist. Makes a conforming change. SECTION 5. Amends Article 4547a, V.T.C.S., to require the board to have power and authority to appoint such committees, dentists, and hygienists to aid the board to carry out its duties as it deems necessary. SECTION 6. Amends Article 4548d, V.T.C.S., as follows: Art. 4548d. New title: SHALL EXHIBIT ANNUAL REGISTRATION CERTIFICATE. Requires any person authorized to practice dentistry or dental hygiene, rather than surgery, in this state to place the person's current registration certificate, rather than license, on exhibition in each office where the dentist or dental hygienist provides dental services. Authorizes the dentist or dental hygienist to display a duplicate of the original registration certificate obtained from the board for a duplicate certificate fee set by the board if the person provides dental services at more than one location. Prohibits a person from doing any operation in the mouth of a patient, or treating any lesions of the mouth or teeth, without having the registration certificate, rather than license, exhibited. Makes conforming and nonsubstantive changes. SECTION 7. Amends Article 4548e, V.T.C.S., to require any advertisement by a person, corporation, company, or association to include prominently the name of at least one dentist practicing under such name, and if the advertisement refers to one or more locations where dental services are provided, it must include, for each location, the name of at least one dentist who provides services at that location. Makes conforming changes. SECTION 8. Amends Article 4548g, V.T.C.S., to provide that obtaining or attempting to collect any fee by fraud or misrepresentation constitutes unprofessional conduct. Makes a nonsubstantive change. SECTION 9. Amends Article 4549, V.T.C.S., as follows: Art. 4549. New title: REFUSAL TO ISSUE LICENSE; JUDICIAL SUSPENSIONS AND REVOCATIONS Sec. 1. Requires the board to have authority to refuse to issue a license by examination to a dental or dental hygiene applicant for certain causes. Makes a conforming change. Sec. 2. Requires the board to have jurisdiction and authority to take appropriate action against the holder of a dental or dental hygiene license who is addicted to or is habitually intemperate in the use of alcoholic beverages or drugs or has improperly obtained, possessed, used, or distributed habit forming drugs or narcotics. Makes conforming and nonsubstantive changes. Sec. 3. Entitles the person to a hearing if the board proposes to refuse to issue a license by examination to a dental or dental hygiene applicant, rather than to examine a person. SECTION 10. Amends Article 4549-1.1, V.T.C.S., to delete authorizing the board to file suit to enforce a subpoena in a district court in the county in which a board hearing may be held. SECTION 11. Amends Article 4549-2, V.T.C.S., to require the owning dentist to furnish to a patient, on request, copies of the patient's dental records in accordance with rules relating to patient records adopted by the board. SECTION 12. Amends Article 4550, V.T.C.S., as follows: Sec. 1. Requires the board to keep records in which shall be registered the name and permanent address, rather than residence, and place of business of all persons authorized to practice dentistry, dental hygiene, and such other professions or businesses under its jurisdiction as provided by law. Requires each person registered with the board to timely notify the board in writing of any change in address, employers, or laboratory owners. Sec. 2. Provides that it is not a violation of this section for the board to share investigation files and records with a local, state, or federal law enforcement agency. Deletes existing text regarding a joint investigation. SECTION 13. Amends Section 1, Article 4550a, V.T.C.S., to require persons holding a dental license or dental hygienist license issued by the board to annually apply and to be registered as such practitioners with the board on or before the expiration date of the license, rather than March 1st of each calendar year. Requires a person holding a dental or dental hygienist license to attach to the application proof that the applicant has successfully completed a current course in CPR given or approved by the American Heart Association or American Red Cross. Makes conforming changes. SECTION 14. Amends Sections 2(c), (d), (e), and (h), Article 4550a, V.T.C.S., to authorize a person to renew the person's license or certificate by paying to the board the required renewal fee and a fee that is one-half of the application fee, rather than one-half of the examination fee, for the license or certificate. Deletes an exception to the prohibition of a person from renewing the person's license or certificate if it has been expired for one year or longer. Deletes text regarding prorating license fees. SECTION 15. Amends Section 4(i), Article 4550a, V.T.C.S., to require the board to develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board, except to the extent that communication would be ex parte under any provision of law. SECTION 16. Amends Subsection (a), Article 4550c, V.T.C.S., to make a conforming change. SECTION 17. Amends Article 4551a, V.T.C.S., to require any person to be regarded as practicing dentistry within the meaning of this chapter who owns or manages a dental practice or attempts to control or influence through a management agreement. Authorizes rules adopted by the board addressing the prohibitions in this section to prohibit a person who is not a dentist from directly or indirectly influencing or interfering with the exercise of a dentist's independent professional judgment. SECTION 18. Amends Section 11, Article 4551b, V.T.C.S. (Chapter 244, General Laws, Acts of the 44th Legislature, Regular Session, 1935), to prohibit the definition of dentistry from applying to a student of a specific dental hygiene program who practices dental hygiene without pay under the general supervision of a dentist, under the supervision of a demonstrator or teacher who is a member of the faculty of that program, in strict conformity with the laws of this state regulating the practice of dental hygiene, and in a specific type of clinic. Prohibits the definition of dentistry from applying to a dental hygienist who is a faculty member of a dental or dental hygiene school while practicing dental hygiene under certain circumstances. Prohibits the definition from applying to a dentist or dental hygienist enrolled in certain remedial training programs. Prohibits the definition from applying to a dentist or dental hygienist who is not licensed in this state and who is a candidate enrolled to take the dental clinical or dental hygiene examination offered by the Western Regional Examining Board, under specific circumstances. Prohibits the definition from applying to a dentist or dental hygienist whose license is in retired status or who is licensed in another state and is attending a certain continuing education program. SECTION 19. Amends Section 2, Article 4551e, V.T.C.S. (Chapter 475, Acts of the 52nd Legislature, Regular Session, 1951), to require each applicant for a license to practice dental hygiene in this state, rather than hygienist, to be of good moral character and to have completed at least two full academic years of instruction or its equivalent at the postsecondary level. Makes conforming changes. SECTION 20. Amends Section 3(b), Article 4551e, V.T.C.S. (Chapter 475, Acts of the 52nd Legislature, Regular Session, 1951), to require all work performed by a dental hygienist in the practice of dental hygiene to be performed in the dental office of the supervising dentist or dentists who are legally engaged in the practice of dentistry in this state, or in an alternate setting including a school, hospital, state institution, public health clinic, or another institution. Makes conforming changes. SECTION 21. Amends Section 4A(d), Article 4551e, V.T.C.S. (Chapter 475, Acts of the 52nd Legislature, Regular Session, 1951), to authorize a member of the advisory committee to receive reimbursement for travel, expenses, including expenses for meals and lodging. Makes conforming changes. SECTION 22. Amends Section 5, Article 4551e, V.T.C.S. (Chapter 475, Acts of the 52nd Legislature, Regular Session, 1951), to require all applicants for licensure, rather than for examination, to pay an application fee set by the board to the board. Requires the board to have the written portion of the board's jurisprudence examination validated by an independent testing professional. Requires the contract with the independent or regional testing services to provide for notification of results if the board contracts with an independent or regional testing service. Redesignates Subsection (b) to (g). SECTION 23. Amends Section 5A(b), Article 4551e, V.T.C.S. (Chapter 475, Acts of the 52nd Legislature, Regular Session, 1951), to require the board, by rule, to require a license to complete at least 12, rather than 36, hours of continuing education for each annual registration period, rather than each three-year period, as prerequisite to renewal for a subsequent annual period. Makes conforming changes. SECTION 24. Amends Subsections 6(c), and (d), Article 4551f, V.T.C.S., as follows: (c) Authorizes the owner or manager of a dental laboratory to renew an expired registration certificate by paying to the board all unpaid renewal fees and a fee equal to the amount of the initial fee registration fee if the certificate has been expired for more than 90 days but less than one year, rather than two years. (d) Provides that the owner of a dental laboratory registered with the board on September 1, 1987 is not required to submit proof that the laboratory has at least one certified dental technician employed by and working on the premises of the laboratory if, among other circumstances, the registration of the laboratory has been renewed each year, rather than been continuous since that date, and all registration fees have been paid. Makes a conforming change. SECTION 25. Amends Article 4551j, V.T.C.S., to prohibit a part-time employee or person who contracts with the board from being liable or subject to certain suits. SECTION 26. Repealer: Section 2, Article 4544a, V.T.C.S. (regarding radiological procedures and techniques). SECTION 27. Makes application of Section 5(b), Article 4544, V.T.C.S., Section 5A(b), Article 4551e, V.T.C.S., and Section (6)(c), Article 4551f, V.T.C.S., as amended by this Act, prospective. SECTION 28. Effective date: September 1, 1999. SECTION 29. Emergency clause.