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has been revoked by the board for a violation of a statute of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.