CHAPTER 254. BOARD POWERS AND DUTIES
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE D. DENTISTRY
CHAPTER 254. BOARD POWERS AND DUTIES
Sec. 254.001. GENERAL RULEMAKING AUTHORITY. (a) The board may
adopt and enforce rules necessary to:
(1) perform its duties; and
(2) ensure compliance with state laws relating to the practice
of dentistry to protect the public health and safety.
(b) The board may adopt rules governing:
(1) the board's proceedings; and
(2) the examination of applicants for a license to practice
dentistry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 254.0011. RULES RELATING TO CONTROL OF DENTAL PRACTICE.
(a) The board may adopt rules relating to the practice of
dentistry as described by Section 251.003(a)(9) to prohibit a
dentist from engaging in contracts that allow a person who is not
a dentist to influence or interfere with the exercise of the
dentist's independent professional judgment.
(b) Rules adopted by the board under this subtitle may not
preclude a dentist's right to contract with a management service
organization. Rules affecting contracts for provision of
management services apply the same to dentists contracting with
management service organizations and to dentists otherwise
contracting for management services.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.074(a), eff.
Sept. 1, 2001.
Sec. 254.002. RULES REGARDING ADVERTISING AND COMPETITIVE
BIDDING. (a) Except as provided by Section 259.005, the board
may not adopt rules restricting advertising or competitive
bidding except to prohibit false, misleading, and deceptive
practices by the license holder.
(b) The board may adopt and enforce reasonable restrictions to
regulate advertising relating to the practice of dentistry by a
person engaged in the practice of dentistry as provided by
Section 259.005.
(c) The board may not include in the board's rules to prohibit
false, misleading, or deceptive advertising under Subsection (a)
a rule that:
(1) restricts the use of any advertising medium;
(2) restricts a person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of a person's advertisement;
or
(4) restricts the person's advertisement under a trade name,
except the board may require that a trade name advertisement
include the name of each dental owner of the practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 254.003. RULES REGARDING INFECTION CONTROL. The board
shall investigate infection control in the dental profession and
may adopt and enforce rules to control the spread of infection in
the practice of dentistry as necessary to protect the public
health and safety.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 254.004. FEES. (a) The board shall establish reasonable
and necessary fees so that the fees, in the aggregate, produce
sufficient revenue to cover the cost of administering this
subtitle.
(b) The amount of the dental application fee and dentist annual
renewal fee is the amount set by the board under Subsection (a)
and an additional charge of $200. Of each fee increase collected
under this subsection, $50 shall be deposited to the credit of
the foundation school fund and $150 shall be deposited to the
credit of the general revenue fund.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.075(a), eff.
Sept. 1, 2001.
Sec. 254.005. SIGNATURE AND SEAL ON LICENSE REQUIRED. A license
issued to a dentist must be signed by each board member and
imprinted with the board's seal.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 254.006. BOARD RECORDS AND CONFIDENTIALITY OF RECORDS. (a)
Except as provided by this section, the investigation files and
other records of the board are public records and open to
inspection at reasonable times.
(b) Investigation files and other records are confidential and
shall be divulged only to the persons investigated at the
completion of the investigation. The board may share
investigation files and other records with another state
regulatory agency or a local, state, or federal law enforcement
agency.
(c) The exception from public disclosure of investigation files
and records provided by this section does not apply to the
disclosure of a disciplinary action of the board, including:
(1) the revocation or suspension of a license;
(2) the imposition of a fine on a license holder;
(3) the placement on probation with conditions of a license
holder whose license has been suspended;
(4) the reprimand of a license holder; or
(5) the issuance of a warning letter to a license holder.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.076(a), eff.
Sept. 1, 2001.
Sec. 254.007. RECORDS REGARDING PERSONS AUTHORIZED TO PRACTICE.
(a) The board shall keep records of the name, permanent address,
and place of business of each person authorized under this
subtitle to practice dentistry, dental hygiene, or another
profession or business under the board's jurisdiction as provided
by law.
(b) The board shall collect annually from each licensed dentist
the dentist's name, age, practice locations, hours worked each
week, weeks worked each year, and number and type of auxiliaries
employed.
(c) The information collected under Subsection (b) shall be
compiled in report form by practice composition and by county
reflecting the overall full-time equivalency tabulations as
defined by the federal Department of Health and Human Services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.076(b), eff.
Sept. 1, 2001.
Sec. 254.008. CIVIL LIABILITY. (a) In the absence of fraud,
conspiracy, or malice, a member of the board, a full-time or
part-time employee of the board, a person who contracts with the
board, a witness called to testify by the board, or a consultant
or hearing officer appointed by the board is not liable or
subject to suit in a civil action for any damage caused by the
person for an investigation, report, recommendation, statement,
evaluation, finding, order, or award made in the performance of
the person's official duties.
(b) The purpose of this section is to protect the persons
designated by Subsection (a) from being harassed and threatened
with legal action while performing official duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.077(a), eff.
Sept. 1, 2001.
Sec. 254.009. ASSISTANCE OF PROSECUTOR. (a) The board shall
aid in the enforcement of state law regulating the practice of
dentistry.
(b) A board member may present to a prosecuting officer a
complaint relating to a violation of state law regulating the
practice of dentistry.
(c) The board and its members, officers, counsel, and agents may
assist the prosecuting officer in the trial of a case involving
an alleged violation of state law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 254.010. MONITORING OF LICENSE HOLDER. (a) The board by
rule shall develop a system to monitor a license holder's
compliance with this subtitle.
(b) Rules adopted under this section must include procedures to:
(1) monitor for compliance a license holder who is ordered by
the board to perform a certain act; and
(2) identify and monitor each license holder who represents a
risk to the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 254.011. AGREEMENT WITH HEALTH AND HUMAN SERVICES
COMMISSION. The board shall enter into an agreement with the
Health and Human Services Commission to improve coordination on
issues relating to the state Medicaid program. The agreement must
require each agency to:
(1) refer to the other agency, as appropriate, cases involving
fraud, abuse, or insufficient quality of care under the state
Medicaid program;
(2) maintain a log of cases referred to the other agency;
(3) share information with the other agency, subject to
confidentiality requirements, including investigative reports on
cases within the jurisdiction of both agencies; and
(4) collaborate with the other agency in the investigation of
cases and the initiation of appropriate disciplinary action
whenever possible.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 8, eff. Sept. 1,
2003.
Sec. 254.012. INCLUSION OF MEDICAID-RELATED INFORMATION IN
ANNUAL FINANCIAL REPORT. The board shall include in the annual
financial report required by Section 2101.011, Government Code,
information on all cases handled by the board during the
preceding fiscal year involving fraud, abuse, or insufficient
quality of care under the state Medicaid program, including:
(1) the number of cases handled;
(2) an explanation of the legal basis and reason for each case;
(3) the action taken in each case; and
(4) for each case the board closed without taking action, an
explanation of the reason the case was closed without action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 17, Sec. 9, eff. Sept. 1,
2003.
Sec. 254.013. PEACE OFFICERS. (a) The board may commission as
a peace officer to enforce this subtitle an employee who has been
certified as qualified to be a peace officer by the Commission on
Law Enforcement Officer Standards and Education.
(b) An employee commissioned as a peace officer under this
subtitle has the powers, privileges, and immunities of a peace
officer while carrying out duties as a peace officer under this
subtitle.
Added by Acts 2003, 78th Leg., ch. 474, Sec. 2, eff. June 20,
2003.
Sec. 254.014. USE OF ALTERNATIVE RULEMAKING AND DISPUTE
RESOLUTION PROCEDURES. (a) The board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 10, eff. Sept. 1,
2003.
Sec. 254.015. USE OF TECHNOLOGY. The board shall develop and
implement a policy requiring the executive director and board
employees to research and propose appropriate technological
solutions to improve the board's ability to perform its
functions. The technological solutions must:
(1) ensure that the public is able to easily find information
about the board on the Internet;
(2) ensure that persons who want to use the board's services are
able to:
(A) interact with the board through the Internet; and
(B) access any service that can be provided effectively through
the Internet; and
(3) be cost-effective and developed through the board's planning
processes.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 10, eff. Sept. 1,
2003.
Renumbered from Occupations Code, Section 254.013 by Acts 2005,
79th Leg., Ch.
728, Sec. 23.001(70), eff. September 1, 2005.
Sec. 254.016. INFORMATION PROVIDED TO LICENSE HOLDERS. At least
once each biennium, the board shall provide to license holders
information on:
(1) prescribing and dispensing pain medications, with particular
emphasis on Schedule II and Schedule III controlled substances;
(2) abusive and addictive behavior of certain persons who use
prescription pain medications;
(3) common diversion strategies employed by certain persons who
use prescription pain medications, including fraudulent
prescription patterns; and
(4) the appropriate use of pain medications and the differences
between addiction, pseudo-addiction, tolerance, and physical
dependence.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 3, eff. Sept. 1,
2003.
Renumbered from Occupations Code, Section 254.013 by Acts 2005,
79th Leg., Ch.
728, Sec. 23.001(71), eff. September 1, 2005.
Sec. 254.017. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the
services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 3, eff. Sept. 1,
2003.
Renumbered from Occupations Code, Section 254.014 by Acts 2005,
79th Leg., Ch.
728, Sec. 23.001(72), eff. September 1, 2005.
Sec. 254.018. EXPERT TESTIMONY. A member of the board may not
serve as an expert witness in a suit involving a health care
liability claim against a dentist for injury to or death of a
patient unless the member receives approval from the board or an
executive committee of the board to serve as an expert witness.
Added by Acts 2007, 80th Leg., R.S., Ch.
1119, Sec. 3, eff. September 1, 2007.