2009 Texas Code
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
CHAPTER 252. STATE BOARD OF DENTAL EXAMINERS  

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE D. DENTISTRY

CHAPTER 252. STATE BOARD OF DENTAL EXAMINERS

Sec. 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, 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.

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has been revoked by the board for a violation of a statute of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, Sec. 1, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.072(a), eff.

Sept. 1, 2001.

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, Sec. 2, eff. September 1, 2009.

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.

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.

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.

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.

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.

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) 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, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 17, Sec. 6, eff. Sept. 1,

2003.

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.