CHAPTER 266. REGULATION OF DENTAL LABORATORIES

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > 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.

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;

(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;

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.

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.

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.

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.

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.

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.

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.

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 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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!