HBA-MPM S.B. 539 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 539
By: Carona
Public Health
5/1/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, the enteral administration of anesthesia in the practice
of dentistry is not regulated by the Texas State Board of Dental Examiners
(board).  Senate Bill 539 directs the board to establish minimum standards
for enteral administration of anesthesia by a dentist. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Dental
Examiners in SECTION 1 (Section 258.153, Occupations Code) and SECTION 2 of
this bill. 

ANALYSIS

Senate Bill 539 amends the Occupations Code to require the Texas State
Board of Dental Examiners (board) no later than January 8, 2002 to
establish by rule minimum standards for the enteral administration of
anesthesia by a dentist.  The bill provides that the rules must be designed
to protect the health, safety, and welfare of the public, and sets forth
additional requirements the rules must include.  The bill requires the
board to report to the speaker of the house of representatives and the
lieutenant governor on the implementation and enforcement of the rules and
the provisions of by this bill no later than January 1, 2003. The bill
provides that the report must include any suggested amendments or changes
to law to make the provisions of the bill more effective or efficient. 

The bill requires a dentist who practices dentistry in Texas and who
enterally administers anesthesia or performs a procedure for which
anesthesia is administered enterally to comply with the rules on or after
August 31, 2002.  The board is authorized to require a dentist to submit
and comply with a corrective action plan to remedy or address any current
or potential deficiencies with the dentist's enteral administration of
anesthesia in accordance with state law or board rules.  The bill requires
the board no later than September 1, 2002 to require each dentist to
annually obtain a permit from the board.  The board is required to set and
impose a fee for the permit and to coordinate the times at which a permit
must be renewed with the renewal of the dentist's license. 

S.B. 539 authorizes the board to conduct inspections to enforce the
provisions of this bill, including inspections of an office site and
documents of a dentist's practice that relate to the enteral administration
of anesthesia.  The bill authorizes the board to contract with another
state agency or qualified person to conduct the inspections.  The board is
required to give at least five business days' notice before conducting the
inspection unless it would jeopardize an ongoing investigation.  These
provisions do not require the board to make an on-site inspection of a
dentist's office. 

The bill authorizes the board to consider a request by a dentist for an
on-site inspection and in its discretion and on payment of a fee to conduct
the inspection and issue an advisory opinion.  The advisory opinion is not
binding on the board, and the board is authorized to take any appropriate
action in relation to the situation addressed by the advisory opinion.  A
dentist who requests and relies on an advisory opinion is authorized to use
it as mitigating evidence in an action or proceeding to impose an
administrative or civil  penalty.  The bill requires the board or court as
appropriate to take proof of reliance on an advisory opinion into
consideration and mitigate the imposition of penalties accordingly. 

EFFECTIVE DATE

September 1, 2001.