2005 Texas Occupations Code CHAPTER 252. STATE BOARD OF DENTAL EXAMINERS

OCCUPATIONS CODE

CHAPTER 252. STATE BOARD OF DENTAL EXAMINERS


	§ 252.001. BOARD MEMBERSHIP.  (a) The State Board of 
Dental Examiners consists of 15 members appointed by the governor 
with the advice and consent of the senate as follows:
		(1)  eight 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)  two 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)  five 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 17, § 2, eff. Sept. 1, 2003;  Acts 
2003, 78th Leg., ch. 1170, § 8.01, eff. Sept. 1, 2003.


	§ 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dental hygiene has been revoked by the board for a violation of a 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:
		(1)  is a member of the faculty of a dental or dental 
hygiene school or of the dental or dental hygiene department of a 
medical school;  or
		(2)  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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 17, § 3, eff. Sept. 1, 2003.


	§ 252.003. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a) In 
this section, "Texas trade association" means a nonprofit, 
cooperative, and voluntarily joined 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)  An officer, employee, or paid consultant of a Texas 
trade association in the field of health care may not be a member or 
employee of the board who 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 of the position 
classification salary schedule.
	(c)  A person who is the spouse of an officer, manager, or 
paid consultant of a Texas trade association in the field of health 
care may not be a board member and may not be a board employee who 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 of the position classification salary 
schedule.
	(d)  A person may not serve as a member of the board or act as 
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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.072(a), eff. Sept. 1, 
2001.


	§ 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 serve only one six-year term.                                

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 17, § 4, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 17, § 5, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1249, § 1, eff. Sept. 1, 2001.


	§ 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)  this subtitle;                                                           
		(2)  the programs operated by the board;                                      
		(3)  the role and functions of the board;                                     
		(4)  the rules of the board, with an emphasis on the 
rules that relate to disciplinary and investigatory authority;
		(5)  the current budget for the board;                                        
		(6)  the results of the most recent formal audit of the 
board;              
		(7)  the requirements of:                                                     
			(A)  the open meetings law, Chapter 551, 
Government Code;                  
			(B)  the public information law, Chapter 552, 
Government Code;             
			(C)  the administrative procedure law, Chapter 
2001, Government Code;  and 
			(D)  other laws relating to public officials, 
including                    
		conflict of interest laws;  and                                               
		(8)  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.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 17, § 6, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.