CHAPTER 266. REGULATION OF DENTAL LABORATORIES
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE D. DENTISTRY
CHAPTER 266. REGULATION OF DENTAL LABORATORIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1240, Sec. 1, eff. Sept. 1,
2003.
SUBCHAPTER B. DENTAL LABORATORY CERTIFICATION COUNCIL
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. POWERS AND DUTIES OF COUNCIL AND BOARD
Sec. 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.
(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, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
772, Sec. 9, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1240, Sec. 2, eff. Sept. 1,
2003.
SUBCHAPTER D. CERTIFICATION, REGISTRATION, AND RENEWAL
REQUIREMENTS
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.094(a), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1240, Sec. 3, eff. Sept.
1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1240, Sec. 4, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.094(b), eff.
Sept. 1, 2001.
Sec. 266.155. INITIAL REGISTRATION CERTIFICATE FEE. An initial
registration certificate issued under this subchapter expires on
the 30th day after the date the registration certificate is
issued if the holder of the registration certificate fails to pay
the required registration certificate fee on or before that date.
Added by Acts 2009, 81st Leg., R.S., Ch.
772, Sec. 10, eff. September 1, 2009.
SUBCHAPTER E. PRACTICE BY REGISTRATION HOLDER
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1240, Sec. 5, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. DISCIPLINARY ACTIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER G. PROHIBITED PRACTICES, ENFORCEMENT, AND PENALTIES
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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) 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 for a violation of Section 266.301(c), the offense is
a Class A misdemeanor.
(d) An offense for a violation of Section 266.301(d) is a Class
B misdemeanor. If it is shown on the trial of an offense under
this section that the defendant has previously been convicted of
an offense for a violation of Section 266.301(d), the offense is
a Class A misdemeanor.
(e) Each day of a violation is a separate offense.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
772, Sec. 11, eff. September 1, 2009.