OCCUPATIONS CODE

CHAPTER 260. OPERATION OF CERTAIN DENTAL PRACTICES


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.