CHAPTER 260. OPERATION OF CERTAIN DENTAL PRACTICES
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE D. DENTISTRY
CHAPTER 260. OPERATION OF CERTAIN DENTAL PRACTICES
Sec. 260.001. EMPLOYMENT BY ESTATE OF DENTIST OR PERSON ACTING
FOR MENTALLY INCOMPETENT DENTIST. (a) This subtitle does not
prevent a person who is the administrator or executor of the
estate of a dentist or a person who is legally authorized to act
for a dentist adjudicated to be mentally incompetent from
employing a licensed dentist to:
(1) carry on the deceased or mentally incompetent dentist's
practice for a reasonable period, as determined by the board; or
(2) conclude the affairs of the practice, including the sale of
any assets.
(b) This subtitle does not prevent a licensed dentist from
working for a person described by Subsection (a) during the
administration of the estate or the period of incompetency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 260.002. EMPLOYMENT BY CERTAIN NONPROFIT HEALTH
ORGANIZATIONS. (a) The board shall, on a form and under rules
adopted by the board, approve and certify a health organization
to contract with or employ dentists licensed by the board if the
organization, in its application to the board, presents
satisfactory proof to the board that the organization:
(1) is a nonprofit corporation under the Texas Non-Profit
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
Statutes) and Section 501(c)(3), Internal Revenue Code of 1986
(26 U.S.C. Section 501); and
(2) is organized and operated as:
(A) a migrant, community, or homeless health center under 42
U.S.C. Section 254b or 254c; or
(B) a federally qualified health center under 42 U.S.C. Section
1396d(l)(2)(B).
(b) A dentist providing dental services under Subsection (a)
shall provide those services free of charge or at a reduced fee
equal to the patient's ability to pay in strict compliance with
42 U.S.C. Section 254b or 254c.
(c) The board may refuse to approve or certify a health
organization that applies to the board under this section if the
board determines that the nonprofit corporation is established,
organized, or operated in violation of or with the intent to
circumvent this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 260.003. EMPLOYMENT BY ORGANIZATIONS SERVING UNDERSERVED
POPULATIONS. A dentist licensed by the board may be employed by
or contract with an organization if:
(1) the organization is a nonprofit corporation under the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes) and Section 501(c)(3), Internal Revenue
Code of 1986 (26 U.S.C. Section 501); and
(2) the organization is:
(A) approved by the board as an organization that provides
services to underserved populations for no fee or a reduced fee;
or
(B) a clinic that provides dental services primarily to
individuals who have acquired immune deficiency syndrome or the
human immunodeficiency virus.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 260.004. EMPLOYMENT BY GOVERNMENTAL ENTITY. A dentist
licensed by the board may be employed by or contract with a
governmental entity that provides dental services under federal
or state law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.