2005 Texas Occupations Code CHAPTER 254. BOARD POWERS AND DUTIES

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. 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, § 2, eff. June 20, 2003.           


	§ 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, § 10, eff. Sept. 1, 2003.           


	§ 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, § 10, eff. Sept. 1, 2003.  
Renumbered from V.T.C.A., Occupations Code § 254.013 by Acts 
2005, 79th Leg., ch. 728, § 23.001(70), eff. Sept. 1, 2005.


	§ 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, § 3, eff. Sept. 1, 2003.  
Renumbered from V.T.C.A., Occupations Code § 254.013 by Acts 
2005, 79th Leg., ch. 728, § 23.001(71), eff. Sept. 1, 2005.


	§ 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, § 3, eff. Sept. 1, 2003.  
Renumbered from V.T.C.A., Occupations Code § 254.014 by Acts 
2005, 79th Leg., ch. 728, § 23.001(72), eff. Sept. 1, 2005.