reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter G. Disciplinary Proceedings › Section 206.308. Subpoena

Sec. 206.308.  SUBPOENA.  (a)  The executive director, the director's designee, or the secretary-treasurer of the board may issue a subpoena or subpoena duces tecum:
(1)  to conduct an investigation or a contested case proceeding related to:
(A)  alleged misconduct by a surgical assistant;
(B)  an alleged violation of this chapter or another law related to the practice of a surgical assistant;  or
(C)  the provision of health care under this chapter;
(2)  for purposes of determining whether to issue, suspend, restrict, or revoke a license under this chapter;  or
(3)  for purposes of determining whether to issue or deny a license under this chapter.
(b)  Failure to timely comply with a subpoena issued under this section is a ground for:
(1)  disciplinary action by the medical board or another licensing or regulatory agency with jurisdiction over the person subject to the subpoena;  and
(2)  denial of a license application.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter G. Disciplinary Proceedings › Section 206.309. Protection of Patient Identity

Sec. 206.309.  PROTECTION OF PATIENT IDENTITY.  In a disciplinary investigation or proceeding conducted under this chapter, the medical board shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:
(1)  testifies in the public proceeding;  or
(2)  submits a written release in regard to the patient's records or identity.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter G. Disciplinary Proceedings › Section 206.310. Rules for Disciplinary Proceedings

Sec. 206.310.  RULES FOR DISCIPLINARY PROCEEDINGS.  Rules of practice adopted under this chapter by the medical board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter G. Disciplinary Proceedings › Section 206.311. Required Suspension of Incarcerated Surgical Assistant

Sec. 206.311.  REQUIRED SUSPENSION OF INCARCERATED SURGICAL ASSISTANT.  Regardless of the offense, the medical board shall suspend the license of a surgical assistant serving a prison term in a state or federal penitentiary during the term of the incarceration.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter G. Disciplinary Proceedings › Section 206.312. Temporary Suspension

Sec. 206.312.  TEMPORARY SUSPENSION.  (a)  The president of the medical board, with medical board approval, shall appoint a three-member disciplinary panel consisting of medical board members to determine whether a surgical assistant's license should be temporarily suspended.
(b)  If the disciplinary panel determines from the evidence or information presented to the panel that a person licensed to practice as a surgical assistant would, by the person's continuation in practice, constitute a continuing threat to the public welfare, the disciplinary panel shall temporarily suspend the license of that person.
(c)  A license may be suspended under this section without notice or hearing on the complaint if:
(1)  institution of proceedings for a hearing before the medical board is initiated simultaneously with the temporary suspension;  and
(2)  a hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.
(d)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the disciplinary panel at one location is inconvenient for any member of the panel.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter G. Disciplinary Proceedings › Section 206.313. Informal Proceedings

Sec. 206.313.  INFORMAL PROCEEDINGS.  (a)  The medical board by rule shall adopt procedures under this chapter governing:
(1)  informal disposition of a contested case under Section 2001.056, Government Code; and
(2)  informal proceedings held in compliance with Section 2001.054, Government Code.
(b)  Rules adopted under this section must require that:
(1)  an informal meeting in compliance with Section 2001.054, Government Code, be scheduled not later than the 180th day after the date the medical board's official investigation of the complaint is commenced, unless good cause is shown by the board for scheduling the informal meeting after that date;
(2)  the medical board give notice to the license holder of the time and place of the meeting not later than the 30th day before the date the meeting is held;
(3)  the complainant and the license holder be provided an opportunity to be heard;
(4)  at least one of the medical board members or district review committee members participating in the informal meeting as a panelist be a member who represents the public;
(5)  the medical board's legal counsel or a representative of the attorney general be present to advise the medical board or the board's staff; and
(6)  a member of the medical board's staff be at the meeting to present to the panel the facts the staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing.
(c)  An affected surgical assistant is entitled, orally or in writing, to:
(1)  reply to the staff's presentation; and
(2)  present the facts the surgical assistant reasonably believes the surgical assistant could prove by competent evidence or qualified witnesses at a hearing.
(d)  After ample time is given for the presentations, the medical board panel shall recommend that the investigation be closed or shall attempt to mediate the disputed matters and make a recommendation regarding the disposition of the case in the absence of a hearing under applicable law concerning contested cases.
(e)  If the license holder has previously been the subject of disciplinary action by the medical board, the board shall schedule the informal meeting as soon as practicable but not later than the deadline prescribed by Subsection (b)(1).
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 4.06, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter G. Disciplinary Proceedings › Section 206.315. Medical Board Representation in Informal Proceedings

Sec. 206.315.  MEDICAL BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.  (a)  In an informal proceeding under Section 206.313, at least two panelists shall be appointed to determine whether an informal disposition is appropriate.
(b)  The medical board may request members of a committee under Chapter 163 to participate in an informal meeting under Section 206.313.
(c)  Notwithstanding Subsection (a) and Section 206.313(b)(4), an informal proceeding may be conducted by one panelist if the affected surgical assistant waives the requirement that at least two panelists conduct the informal proceeding.  If the surgical assistant waives that requirement, the panelist may be either a physician or a member who represents the public.
(d)  The panel requirements described by Subsection (a) do not apply to an informal proceeding conducted by the medical board under Section 206.313 to show compliance with an order of the board.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 4.06, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter H. Administrative Penalty › Section 206.351. Administrative Penalty

Sec. 206.351.  ADMINISTRATIVE PENALTY.  (a)  The medical board by order may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.
(b)  The penalty may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(c)  The medical board shall base the amount of the penalty on:
(1)  the severity of patient harm;
(2)  the severity of economic harm to any person;
(3)  the severity of any environmental harm;
(4)  the increased potential for harm to the public;
(5)  any attempted concealment of misconduct;
(6)  any premeditated or intentional misconduct;
(7)  the motive for the violation;
(8)  any prior misconduct of a similar or related nature;
(9)  the license holder's disciplinary history;
(10)  any prior written warnings or written admonishments from any government agency or official regarding statutes or rules relating to the misconduct;
(11)  whether the violation is of a board order;
(12)  the person's failure to implement remedial measures to correct or mitigate harm from the misconduct;
(13)  the person's lack of rehabilitative potential or likelihood of future misconduct of a similar nature;
(14)  any relevant circumstances increasing the seriousness of the misconduct;  and
(15)  any other matter that justice may require.
(d)  The medical board by rule shall prescribe the procedures by which it may impose an administrative penalty.  A proceeding under this section is subject to Chapter 2001, Government Code.
(e)  If the medical board by order determines that a violation has occurred and imposes an administrative penalty, the medical board shall give notice to the person of the order.  The notice must include a statement of the person's right to judicial review of the order.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 251 - General Provisions Relating to Practice of Dentistry › Section 251.001. Short Title

Sec. 251.001.  SHORT TITLE.  This subtitle may be cited as the Dental Practice Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 251 - General Provisions Relating to Practice of Dentistry › Section 251.002. Definitions

Sec. 251.002.  DEFINITIONS.  In this subtitle:
(1)  "Board" means the State Board of Dental Examiners.
(2)  "Executive director" means the executive director of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 251 - General Provisions Relating to Practice of Dentistry › Section 251.005. Application of Sunset Act

Sec. 251.005.  APPLICATION OF SUNSET ACT.  The State Board of Dental Examiners is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished September 1, 2033.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 17, Sec. 1, eff. Sept. 1, 2003;  Acts 2001, 77th Leg., ch. 1481, Sec. 1.02, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 17, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 3.06, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.04, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.001. Board Membership

Sec. 252.001.  BOARD MEMBERSHIP.  (a)  The State Board of Dental Examiners consists of 11 members appointed by the governor with the advice and consent of the senate as follows:
(1)  six reputable dentist members who reside in this state and have been actively engaged in the practice of dentistry for at least the five years preceding appointment;
(2)  three reputable dental hygienist members who reside in this state and have been actively engaged in the practice of dental hygiene for at least the five years preceding appointment; and
(3)  two members who represent the public.
(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
(c)  In making an appointment under this section, the governor shall attempt to appoint members of different minority groups, including females, African Americans, Hispanic Americans, Native Americans, and Asian Americans.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 17, Sec. 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1170, Sec. 8.01, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.002. Member Eligibility

Sec. 252.002.  MEMBER ELIGIBILITY.  (a)  A person is not eligible for appointment as a member if:
(1)  the person's license to practice dentistry or dental hygiene has been revoked by the board for a violation of a statute of this state relating to the practice of dentistry or dental hygiene and the revocation is not overturned by final order of a court;  or
(2)  the person is an adverse party in civil litigation against the board.
(b)  A person is not eligible for appointment as a dentist or dental hygienist member of the board if the person  has a financial interest in any dental, dental hygiene, or medical school.
(c)  A person is not eligible for appointment as a dental hygienist member of the board if the person is licensed to practice dentistry in this state.
(d)  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:
(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of health care;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the board;
(4)  uses or receives a substantial amount of tangible goods, services, or money from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses;  or
(5)  is employed by a board member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 17, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 772 (S.B. 887), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.003. Membership and Employee Restrictions

Sec. 252.003.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(c)  A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.072(a), eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.004. Terms of Office

Sec. 252.004.  TERMS OF OFFICE.  (a)  Members of the board serve staggered six-year terms.  The terms of one-third of the members expire February 1 of each odd-numbered year.
(b)  A member may not serve more than two consecutive full terms.  The completion of the unexpired portion of a term does not constitute service for a full term for purposes of this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 772 (S.B. 887), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.005. Privileges of Office

Sec. 252.005.  PRIVILEGES OF OFFICE.  Members of the board have full and identical privileges, except that only dentist members may participate in the decision to pass or fail an applicant for a license to practice dentistry during the clinical portion of the board examinations.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.006. Officers

Sec. 252.006.  OFFICERS.  (a)  The board shall elect a secretary from its members to serve for a one-year term.
(b)  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor.  The presiding officer must be a dentist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 17, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.007. Grounds for Removal

Sec. 252.007.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of appointment the qualifications required by Sections 252.001 and 252.002;
(2)  does not maintain during the service on the board the qualifications required by Sections 252.001 and 252.002;
(3)  is ineligible for membership under Section 252.003;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled board meetings the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that the action is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 17, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.008. Per Diem; Reimbursement

Sec. 252.008.  PER DIEM;  REIMBURSEMENT.  (a)  Each board member is entitled to a per diem set by legislative appropriation for each day the member engages in board business.
(b)  A board member may receive reimbursement for travel expenses, including expenses for meals and lodging, incurred in performing an official duty as prescribed by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.009. Meetings

Sec. 252.009.  MEETINGS.  The board shall hold meetings at least twice a year at times and places the board determines are most convenient for applicants for examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1249, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.010. Board Member Training

Sec. 252.010.  BOARD MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including rules, interpretations, and enforcement actions that:
(A)  regulate the scope of practice of persons in a profession or business the board regulates;
(B)  restrict advertising by persons in a profession or business the board regulates;
(C)  affect the price of goods or services provided by persons in a profession or business the board regulates; and
(D)  restrict participation in a profession or business the board regulates;
(5)  the results of the most recent formal audit of the board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each board member.  On receipt of the training manual, each board member shall sign and submit to the executive director a statement acknowledging receipt of the training manual.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 17, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 252 - State Board of Dental Examiners › Section 252.011. Oath of Office

Sec. 252.011.  OATH OF OFFICE.  Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 253 - Executive Director and Personnel › Section 253.001. Executive Director

Sec. 253.001.  EXECUTIVE DIRECTOR.  (a)  The board may employ an executive director to assist the board in performing its duties.
(b)  The board shall set the executive director's salary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 253 - Executive Director and Personnel › Section 253.003. Personnel

Sec. 253.003.  PERSONNEL.  (a)  The executive director, with the board's consent, may employ an assistant executive director to perform the executive director's duties when the executive director is absent or unable to act.
(b)  The board may employ:
(1)  committees, clerks, advisors, consultants, dentists, hygienists, or examiners to assist the board in performing its duties;  and
(2)  other persons determined necessary:
(A)  to assist the local prosecuting officers of a county in the enforcement of state laws prohibiting the unlawful practice of dentistry;  and
(B)  to carry out other purposes for which funds are appropriated.
(c)  The board shall employ other employees as needed to assist the executive director in performing the executive director's duties and in carrying out the purposes of this subtitle.
(d)  A person assisting a local prosecuting officer under this section is subject to the direction and control of the prosecuting officer.  This subsection does not change the authority granted by law to the prosecuting officer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.073(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 253 - Executive Director and Personnel › Section 253.004. Division of Responsibilities

Sec. 253.004.  DIVISION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly define the responsibilities of the board and the staff of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 253 - Executive Director and Personnel › Section 253.005. Qualifications and Standards of Conduct Information

Sec. 253.005.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The board shall provide, as often as necessary, to its members and employees information regarding:
(1)  qualifications for office or employment under this subtitle;  and
(2)  responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 253 - Executive Director and Personnel › Section 253.006. Career Ladder Program; Performance Evaluations

Sec. 253.006.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program must require the intra-agency postings of all nonentry level positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations.  All merit pay for board employees must be based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 253 - Executive Director and Personnel › Section 253.007. Equal Opportunity Policy; Report

Sec. 253.007.  EQUAL OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the board workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the board workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of significant underuse.
(b)  A policy statement prepared under Subsection (a) must:
(1)  cover an annual period;
(2)  be updated annually;
(3)  be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1);  and
(4)  be filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.001. General Rulemaking Authority

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.0011. Rules Relating to Control of Dental Practice

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.002. Rules Regarding Advertising and Competitive Bidding

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.003. Rules Regarding Infection Control

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.0035. Rules Regarding Call Coverage Agreements

Sec. 254.0035.  RULES REGARDING CALL COVERAGE AGREEMENTS.  The board shall adopt rules governing a call coverage agreement between dentists.
Added by Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 13, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.004. Fees

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)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 448 , Sec. 31(l)(3), eff. September 1, 2015.
(c)  The board shall collect an additional $55 surcharge for each of the following fees:
(1)  the fee for the issuance of a dental license; and
(2)  the fee for the renewal of a dental license.
(d)  The board shall deposit each surcharge collected to the credit of the dental public assurance account.  The dental public assurance account is an account in the general revenue fund that shall be appropriated only to the board to pay for the board's enforcement program, including an expert panel.
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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 709 (H.B. 3201), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(l)(3), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.005. Signature and Seal on License Required

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.006. Board Records and Confidentiality of Records

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, except the board shall inform the license holder of the specific allegations against the license holder.  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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 709 (H.B. 3201), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.0065. Confidentiality of Certain Information Regarding Applicant or License Holder

Sec. 254.0065.  CONFIDENTIALITY OF CERTAIN INFORMATION REGARDING APPLICANT OR LICENSE HOLDER.  (a)  In this section, "license" has the meaning assigned by Section 263.0001.
(b)  Except as provided by Subsection (c), all information, records, and proceedings of the board or an authorized agent of the board relating to the participation of an applicant for or holder of a license in a peer assistance program or the evaluation of an applicant or license holder under Section 263.0025 are confidential and not subject to disclosure under Chapter 552, Government Code.
(c)  The board may disclose a disciplinary action taken against a license holder in the enforcement of Section 263.002(a)(1), (7), or (11).  The board may not disclose the nature of the impairment or condition that resulted in the board's action.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.007. Records Regarding Persons Authorized to Practice

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.008. Civil Liability

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.009. Assistance of Prosecutor

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.010. Monitoring of License Holder

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;
(2)  identify and monitor each license holder who represents a risk to the public; and
(3)  periodically review reports filed with the National Practitioner Data Bank for any report of disciplinary action taken against a license holder by another state that would constitute grounds for disciplinary action under Section 263.002.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.011. Agreement With Health and Human Services Commission

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.012. Inclusion of Medicaid-Related Information in Annual Financial Report

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.013. Peace Officers

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 Texas Commission on Law Enforcement.
(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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.56, eff. May 18, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.014. Use of Alternative Rulemaking and Dispute Resolution Procedures

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.015. Use of Technology

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 (H.B. 2018), Sec. 23.001(70), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 254 - Board Powers and Duties › Section 254.016. Information Provided to License Holders

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 (H.B. 2018), Sec. 23.001(71), eff. September 1, 2005.