2005 Texas Occupations Code CHAPTER 266. REGULATION OF DENTAL LABORATORIES

OCCUPATIONS CODE

CHAPTER 266. REGULATION OF DENTAL LABORATORIES

SUBCHAPTER A. GENERAL PROVISIONS


	§ 266.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Council" means the Dental Laboratory 
Certification Council.           
		(2)  "Dental laboratory" means a place in which a 
person performs or offers to perform a dental laboratory service.
		(3)  "Dental laboratory service" means:                                       
			(A)  the making, assembly, processing, 
production, repair, relining, or adjustment of a prosthetic or 
orthodontic dental appliance, a full or partial denture, a fixed or 
removable dental bridge, a dental plate of false teeth, an 
artificial restoration, or a substitute or corrective device for 
any part of the human teeth, gums, jaws, or alveolar process;  or
			(B)  the fitting of a dental appliance, a denture, 
a bridge, a plate, false teeth, an artificial restoration, or a 
substitute or corrective device for the human teeth, gums, or jaws 
to or on a dental model, impression, or cast of any part of the human 
teeth, gums, jaws, or alveolar process.
		(4)  "Dental technician" means a person who performs, 
offers to perform, or aids, abets, or causes another to perform or 
offer to perform a dental laboratory service.

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


	§ 266.002. EXEMPTIONS.  This chapter does not apply to:                     
		(1)  a student enrolled in a program of a school of 
dentistry;              
		(2)  a licensed dentist engaged in the practice of 
dentistry in this state who performs a dental laboratory service 
for compensation or an employee of the dentist or of the 
professional corporation or partnership in which the dentist is an 
officer, partner, or employee if the service is performed:
			(A)  for a patient of the dentist or of the 
professional corporation or partnership in which the dentist is an 
officer, partner, or employee;  and
			(B)  on the premises in which the dentist 
practices dentistry;  or         
		(3)  a manufacturer of materials or component parts, 
used in the fabrication of a dental prosthetic appliance and for 
sale or use by a dental laboratory, that are not directly fitted to 
a dental model or cast of the human teeth, gums, jaws, or alveolar 
process.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 1240, § 1, eff. Sept. 1, 2003.

SUBCHAPTER B. DENTAL LABORATORY CERTIFICATION COUNCIL


	§ 266.051. APPOINTMENT OF COUNCIL;  MEMBERSHIP..  The 
Dental Laboratory Certification Council consists of three members 
appointed by the board.

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


	§ 266.052. MEMBER ELIGIBILITY.  (a) A person is eligible 
for appointment to the council if the person:
		(1)  is a dental technician who is certified as 
described by Section 266.152(a);  and
		(2)  is an owner, manager, or employee of a dental 
laboratory registered with the board.
	(b)  A person is not eligible for appointment to the council 
if the person or the person's spouse is:
		(1)  licensed by the board to practice dentistry;                             
		(2)  a board employee;  or                                                    
		(3)  an employee of a dentist licensed by the board.                          

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


	§ 266.053. TERMS.  (a) Council members serve two-year 
terms.              
	(b)  A member may not serve more than four terms.                              

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


	§ 266.054. PRESIDENT.  The council shall elect from its 
members a presiding officer to serve a one-year term.

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


	§ 266.055. PER DIEM.  A council member is entitled to the 
per diem set for members of state boards and commissions by the 
General Appropriations Act.

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


	§ 266.056. MEETINGS.  The council:                                          
		(1)  shall meet at least once each year;  and                                 
		(2)  may meet at other times at the call of the 
presiding officer of the council if the presiding officer of the 
board approves.

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


	§ 266.057. CIVIL LIABILITY.  A member of the council is 
not liable in a civil action for an act performed in good faith 
while performing duties as a council member.

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

SUBCHAPTER C. POWERS AND DUTIES OF COUNCIL AND BOARD


	§ 266.101. COUNCIL POWERS AND DUTIES.  (a) The council 
shall review each application for registration or renewal of 
registration to determine if the applicant meets the requirements 
of this chapter.  The council shall provide to the board a list of 
applicants eligible for registration.
	(b)  The council may:                                                          
		(1)  recommend to the board rules relating to dental 
laboratories;  and     
		(2)  perform additional duties as requested by the 
board.                   
	(c)  The council may not exercise rulemaking authority.                        

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


	§ 266.102. BOARD POWERS AND DUTIES.  (a) The board shall:                   
		(1)  not later than the 30th day after the date the 
board receives a recommended rule from the council, consider the 
rule under the process prescribed by Chapter 2001, Government Code;  
and
		(2)  provide to the council the board's reasons if the 
board amends or rejects the proposed rule.
	(b)  The board may adopt rules regarding dental laboratories 
in only the following areas:
		(1)  processing registration applications;                                    
		(2)  prescribing:                                                             
			(A)  requirements for registration;                                          
			(B)  the form and content of registration 
applications and other forms required to administer this chapter;
			(C)  procedures for renewal of certificates of 
registration;  and          
			(D)  fees necessary to administer this chapter;                              
		(3)  monitoring records necessary to administer this 
chapter;               
		(4)  establishing continuing education requirements 
for dental technicians employed by dental laboratories, including 
prescribing the content of continuing education courses;  and
		(5)  regulating:                                                              
			(A)  infection control;                                                      
			(B)  shade-taking procedures authorized by a 
prescription from a licensed dentist;
			(C)  computer-imaging procedures for an oral 
cavity authorized by a prescription from a licensed dentist;
			(D)  referral of dental prescriptions to 
out-of-state laboratories to be filled;  and
			(E)  the transportation and manufacture of dental 
prosthetic devices or other dental work performed by a dental 
laboratory located in another state or a foreign country for use in 
this state.
	(c)  In prescribing the content of continuing education 
courses under Subsection (b)(4), the board shall require the course 
content to be at least as comprehensive as a course approved by a 
recognized board of certification for dental technology.
	(d)  The board shall allow the council to review and comment 
on a proposed rule under Subsection (b) for 30 days following the 
date the rule is proposed by the board.
	(e)  The board shall provide annually to each dentist 
licensed in this state a list of dental laboratories registered 
under this chapter.  The list must include the expiration date of 
each laboratory's registration certificate.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 1240, § 2, eff. Sept. 1, 2003.

SUBCHAPTER D. CERTIFICATION, REGISTRATION, AND RENEWAL 
REQUIREMENTS


	§ 266.151. REGISTRATION REQUIRED.  (a) In this section, 
"person" means an individual or a private legal entity, including a 
corporation, association, or partnership.
	(b)  A person may not operate or offer to operate a dental 
laboratory or provide or offer to provide dental laboratory 
services unless the person holds a registration certificate issued 
under this chapter.

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


	§ 266.152. CERTIFIED DENTAL TECHNICIAN.  (a) A dental 
laboratory must have at least one dental technician working on the 
laboratory's premises who is certified by a recognized board of 
certification for dental technology.
	(b)  A dental laboratory is exempt from Subsection (a) if the 
laboratory is: 
		(1)  owned by a licensed dentist engaged in the 
practice of dentistry in this state or by a professional 
corporation or partnership in which that dentist is an officer, 
partner, or employee;  and
		(2)  located on the premises within which the dentist 
practices dentistry.  
	(c)  The exemption under Subsection (b) does not apply to a 
dental laboratory if the laboratory employs three or more dental 
technicians.
	(d)  The owner of a dental laboratory registered with the 
board on September 1, 1987, is exempt from Subsection (a) if:
		(1)  the registration of the laboratory has been 
renewed each year since that date, and all registration fees have 
been paid;
		(2)  the beneficial ownership of at least 51 percent of 
the laboratory has not been transferred;  and
		(3)  the owner is employed on the laboratory's premises 
for not less than 30 hours each week.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.094(a), eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 1240, § 3, eff. Sept. 1, 2003.


	§ 266.153. APPLICATION FOR REGISTRATION.  (a) An owner or 
manager of a dental laboratory shall annually:
		(1)  apply to the board for the registration of each 
dental laboratory doing business in this state to which the owner or 
manager is connected or in which the owner or manager has an 
interest;  and
		(2)  pay the application fee set by the board.                                
	(b)  The application must include:                                             
		(1)  evidence satisfactory to the board that the dental 
laboratory meets the requirements prescribed by Section 
266.152(a), if applicable;  and
		(2)  any other information required by the board.                             
	(c)  The board may issue a certificate of registration only 
to a dental laboratory that complies with the requirements of this 
section.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 1240, § 4, eff. Sept. 1, 2003.


	§ 266.154. REGISTRATION RENEWAL.  (a) An applicant for 
renewal of a dental laboratory registration must provide evidence 
satisfactory to the board that at least one employee who works on 
the dental laboratory's premises:
		(1)  has completed at least 12 hours of continuing 
education during the previous registration period;  or
		(2)  is certified as required by Section 266.152(a), if 
applicable.         
	(b)  An owner or manager of a dental laboratory may renew an 
unexpired registration certificate for a dental laboratory if the 
owner or manager:
		(1)  pays the required renewal fee to the board on or 
before the expiration date;  and
		(2)  complies with any other renewal requirements.                            
	(c)  If the owner or manager of a dental laboratory fails to 
renew the dental laboratory's registration and pay the annual 
renewal fee before the date the registration expires, the board 
shall suspend the registration certificate of the laboratory.
	(d)  An owner or manager of a dental laboratory whose 
registration certificate has been expired for 90 days or less may 
renew the registration certificate if the person pays to the board 
the required renewal fee and a fee equal to one-half of the amount 
of the renewal fee.  If the registration certificate has been 
expired for more than 90 days but less than one year, the owner or 
manager may renew the certificate by paying to the board all unpaid 
renewal fees and a fee equal to the amount of the initial 
registration fee.
	(e)  An owner or manager of a dental laboratory may not renew 
a registration certificate that has been expired for one year or 
more.  The owner or manager may obtain a new certificate by 
complying with the requirements for obtaining an original 
certificate.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.094(b), eff. Sept. 1, 
2001.

SUBCHAPTER E. PRACTICE BY REGISTRATION HOLDER


	§ 266.201. PRESCRIPTION REQUIRED.  (a) A dentist who 
orders a dental laboratory service shall prepare and deliver to the 
dental laboratory a prescription or work order for the service to be 
performed.
	(b)  The prescription or work order must contain:                              
		(1)  the signature and Texas dental license number of 
the dentist;          
		(2)  the date the prescription or work order is signed;                       
		(3)  the patient's name;  and                                                 
		(4)  a description of the dental laboratory service 
ordered.                
	(c)  A dentist shall keep a copy of each prescription or work 
order at the dentist's office in a separate file for two years for 
inspection by the board's officers, agents, or employees.
	(d)  A dentist shall label as provided by board rule a 
removable dental prosthesis fabricated in this state by the dentist 
or by a person under a prescription or work order prepared by the 
dentist.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 1240, § 5, eff. Sept. 1, 2003.


	§ 266.202. RELIANCE ON PRESCRIPTION.  (a) The owner, 
manager, or employee of a dental laboratory or a dental technician 
may not perform or aid or abet another person in performing a dental 
laboratory service unless:
		(1)  the service was ordered by and any resulting item 
will be delivered to:
			(A)  a dentist engaged in the practice of 
dentistry in this state or in a jurisdiction in which the dentist 
maintains a dental office and engages in the practice of dentistry;  
or
			(B)  an employee of the dentist, if the service is 
performed for and on behalf of the dentist;  and
		(2)  the dental laboratory receives a prescription or 
work order for the service in accordance with Section 266.201.
	(b)  If a dental laboratory receives a prescription or work 
order for dental laboratory services and refers the work to another 
laboratory, the referral must be accompanied by a written statement 
that the prescription or work order is on file with the original 
laboratory.
	(c)  A dental laboratory owner or manager shall maintain on 
the premises of a dental laboratory as a part of the laboratory's 
records a record of each prescription or work order completed at the 
dental laboratory until the second anniversary of the date the 
prescription or work order is furnished.  The owner or manager shall 
also maintain the record in an alphabetized file in a separate 
place.
	(d)  The premises of a dental laboratory, the records of a 
dental laboratory or a dental technician employed by the dental 
laboratory pertaining to dental prescriptions or work orders, and 
records relating to the referral of work to a dental technician or 
the owner or manager of a dental laboratory shall be open and 
available for inspection by a member, officer, employee, 
investigator, or agent of the board during regular office hours.

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


	§ 266.203. TRANSPORTATION OF DENTAL MATERIAL 
PERMITTED.  This chapter does not prohibit a person who is subject 
to and complies with this chapter from using the United States mail, 
a railway express agency, Western Union, or a messenger or common or 
contract carrier to handle, accept from, or transport or deliver to 
a dentist or dental laboratory an item in any form or state of 
completion on which a dental laboratory service will be or has been 
offered or ordered to be performed.

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

SUBCHAPTER F. DISCIPLINARY ACTIONS


	§ 266.251. GROUNDS FOR DISCIPLINARY ACTION.  (a) The 
board may refuse to issue a registration certificate, may impose a 
fine on a person who holds a registration certificate, may suspend 
or revoke a person's registration certificate, or may probate any 
portion of the suspension if, after a hearing, the board determines 
that the applicant or certificate holder has:
		(1)  violated or aided another person in violating a 
law regulating the practice of dentistry;  or
		(2)  required or allowed a person under the direction 
or control of the person to violate a law regulating the practice of 
dentistry.
	(b)  In this section, an applicant for or holder of a 
registration certificate includes a person who has at least a 20 
percent ownership interest in or is the general partner or managing 
partner in a dental laboratory that is registered under this 
chapter or for which an application for registration has been 
filed.

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


	§ 266.252. PROCEDURES FOR DISCIPLINARY ACTION.  The board 
shall follow the procedures under Chapter 263 in a complaint or 
disciplinary action under this chapter.

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

SUBCHAPTER G. PROHIBITED PRACTICES, ENFORCEMENT, AND PENALTIES


	§ 266.301. DENTAL PROSTHETIC APPLIANCE.  (a) In this 
section, "person" means an individual or a private legal entity, 
including a corporation, association, or partnership.
	(b)  A person may not fill a prescription to prepare or 
repair a dental prosthetic appliance that is to be delivered to a 
dental patient by a licensed dentist unless the person is a dental 
laboratory or dental technician.
	(c)  A dental laboratory that prepares or repairs a dental 
prosthetic appliance for a dentist shall provide to the dentist in 
writing at the time of the delivery the dental laboratory's 
assigned registration number and the expiration date of the dental 
laboratory's registration certificate.
	(d)  A dentist may not knowingly prescribe, order, or receive 
a dental prosthetic appliance that is to be prepared or has been 
prepared by an unregistered dental laboratory.

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


	§ 266.302. INJUNCTION.  The board may apply for a 
restraining order or injunction to enforce this chapter or a board 
rule adopted under this chapter.

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


	§ 266.303. CRIMINAL PENALTIES.  (a) A person commits an 
offense if the person:
		(1)  is a dentist and provides a dental laboratory 
service without being exempt under Section 266.002(2);  or
		(2)  violates Section 266.151 or 266.301.                                     
	(b)  An offense for a violation of Section 266.151 or Section 
266.301(b) is a felony of the third degree.
	(c)  An offense for a violation of Section 266.301(c) or (d) 
is a Class C misdemeanor.  If it is shown on the trial of an offense 
under this section that the defendant has previously been convicted 
for an offense under this subsection, the offense is a Class A 
misdemeanor.

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