HBA-MPM S.B. 539 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 539 By: Carona Public Health 5/1/2001 Engrossed BACKGROUND AND PURPOSE Under current law, the enteral administration of anesthesia in the practice of dentistry is not regulated by the Texas State Board of Dental Examiners (board). Senate Bill 539 directs the board to establish minimum standards for enteral administration of anesthesia by a dentist. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Dental Examiners in SECTION 1 (Section 258.153, Occupations Code) and SECTION 2 of this bill. ANALYSIS Senate Bill 539 amends the Occupations Code to require the Texas State Board of Dental Examiners (board) no later than January 8, 2002 to establish by rule minimum standards for the enteral administration of anesthesia by a dentist. The bill provides that the rules must be designed to protect the health, safety, and welfare of the public, and sets forth additional requirements the rules must include. The bill requires the board to report to the speaker of the house of representatives and the lieutenant governor on the implementation and enforcement of the rules and the provisions of by this bill no later than January 1, 2003. The bill provides that the report must include any suggested amendments or changes to law to make the provisions of the bill more effective or efficient. The bill requires a dentist who practices dentistry in Texas and who enterally administers anesthesia or performs a procedure for which anesthesia is administered enterally to comply with the rules on or after August 31, 2002. The board is authorized to require a dentist to submit and comply with a corrective action plan to remedy or address any current or potential deficiencies with the dentist's enteral administration of anesthesia in accordance with state law or board rules. The bill requires the board no later than September 1, 2002 to require each dentist to annually obtain a permit from the board. The board is required to set and impose a fee for the permit and to coordinate the times at which a permit must be renewed with the renewal of the dentist's license. S.B. 539 authorizes the board to conduct inspections to enforce the provisions of this bill, including inspections of an office site and documents of a dentist's practice that relate to the enteral administration of anesthesia. The bill authorizes the board to contract with another state agency or qualified person to conduct the inspections. The board is required to give at least five business days' notice before conducting the inspection unless it would jeopardize an ongoing investigation. These provisions do not require the board to make an on-site inspection of a dentist's office. The bill authorizes the board to consider a request by a dentist for an on-site inspection and in its discretion and on payment of a fee to conduct the inspection and issue an advisory opinion. The advisory opinion is not binding on the board, and the board is authorized to take any appropriate action in relation to the situation addressed by the advisory opinion. A dentist who requests and relies on an advisory opinion is authorized to use it as mitigating evidence in an action or proceeding to impose an administrative or civil penalty. The bill requires the board or court as appropriate to take proof of reliance on an advisory opinion into consideration and mitigate the imposition of penalties accordingly. EFFECTIVE DATE September 1, 2001.