1. (a) General. The board shall consist of 15 members appointed by the governor with the advice and consent of the senate, as follows:

   1. (1) eight reputable dentist members who reside in this state and have been actively engaged in the practice of dentistry for at least the five years preceding appointment;
   2. (2) two reputable dental hygienist members who reside in this state and have been actively engaged in the practice of dental hygiene for at least the five years preceding appointment; and,
   3. (3) five members who represent the public.
2. (b) Privileges of office. Members of the board have full and identical privileges, except that only dentist members may participate in the decision to pass or fail an applicant for a license to practice dentistry during the clinical portion of the board examinations.
3. (c) Terms of office. Members of the board serve staggered six-year terms. The terms of one-third of the members shall expire on February 1 of each odd-numbered year. A member may serve only one six-year term.
4. (d) Eligibility. Refer to Occupations Code §252.002.
5. (e) Membership and employee restrictions. Refer to Occupations Code §252.003.
6. (f) Compensation. Each member of the board is entitled to receive a per diem set by legislative appropriation for each day the member engages in board business, and may receive reimbursement for travel expenses in accordance with the travel policies of the state of Texas and the Board of Dental Examiners.
7. (g) Expert Testimony. A member of the board may not serve as an expert witness in a suit involving a health care liability claim against a dentist for injury to or death of a patient unless the member receives approval from the board or an executive committee of the board to serve as an expert witness.

Source Note:The provisions of this §100.3 adopted to be effective February 20, 2005, 30 TexReg 715; amended to be effective December 24, 2007, 32 TexReg 9627.