OCCUPATIONS CODE
CHAPTER 254. BOARD POWERS AND DUTIES
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 14.074(a), eff. Sept.
1, 2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.075(a), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.076(a), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.076(b), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.077(a), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 8, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 17, § 9, eff. Sept. 1, 2003.
§ 254.013. USE OF TECHNOLOGY.
Text of section as added by Acts 2003, 78th Leg., ch. 17, § 10
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, § 10, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 474, §
2, see § 254.013, post.
For text of section as added by Acts 2003, 78th Leg., ch. 1163, §
3, see § 254.013, post.
§ 254.013. PEACE OFFICERS.
Text of section as added by Acts 2003, 78th Leg., ch. 474, § 2
(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, § 2, eff. June 20, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 17, §
10, see § 254.013, ante.
For text of section as added by Acts 2003, 78th Leg., ch. 1163, §
3, see § 254.013, post.
§ 254.013. INFORMATION PROVIDED TO LICENSE HOLDERS.
Text of section as added by Acts 2003, 78th Leg., ch. 1163, § 3
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, § 3, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 17, §
10, see § 254.013, ante.
For text of section as added by Acts 2003, 78th Leg., ch. 474, §
2, see § 254.013, ante.
§ 254.014. USE OF ALTERNATIVE RULEMAKING AND DISPUTE
RESOLUTION PROCEDURES.
Text of section as added by Acts 2003, 78th Leg., ch. 17, § 10.
(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, § 10, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 1163, see,
§ 254.014, post.
§ 254.014. POISON CONTROL CENTER INFORMATION.
Text of section as added by Acts 2003, 78th Leg., ch. 1163, § 3.
The board shall provide to license holders information
regarding the services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, § 3, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 17, see,
254.014, ante.
