81R7007 BEF-F
By: Zerwas H.B. No. 4679
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of dentists, dental
hygienists, dental assistants, and dental laboratories; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 256.105(a), Occupations Code, is amended
to read as follows:
(a) Each dentist, dental hygienist, and owner or manager of
a dental laboratory licensed or registered with the board shall
timely notify the board of:
(1) any change of address of the person's place of
business; [and]
(2) any change of employers for the dentist or dental
hygienist and any change of owners or managers for the dental
laboratory; and
(3) any change of the person's mailing address.
SECTION 2. Section 257.001, Occupations Code, is amended by
adding Subsection (d) to read as follows:
(d) An initial license issued under this subtitle expires on
the 30th day after the date the license is issued if the holder of
the license fails to pay the required license fee on or before that
date.
SECTION 3. Section 262.054(b), Occupations Code, is amended
to read as follows:
(b) A member may serve for not more than two consecutive
full terms [only one six-year term].
SECTION 4. Section 264.151, Occupations Code, is amended to
read as follows:
Sec. 264.151. CRIMINAL PENALTIES [PENALTY]. (a) A person
commits an offense if the person violates Section 256.001 [this
subtitle]. An offense under this subsection is a felony of the third
degree. Each day of a violation is a separate offense.
(b) A person commits an offense if the person violates
Section 256.052. An offense under this subsection [section] is a
Class A misdemeanor. If it is shown at the trial of an offense under
this subsection that the defendant has previously been convicted of
an offense for a violation of Section 256.052, the offense is a
felony of the third degree.
(c) A person commits an offense if the person violates
Subchapter D, Chapter 262. An offense under this subsection is a
Class A misdemeanor. Each day of a violation is a separate offense.
[A violation under this section does not include a violation to
which Section 262.203 applies.]
(d) A person commits an offense if the person is a dentist or
dental hygienist and violates an injunction or cease and desist
order issued under Subchapter B. An offense under this subsection
is a Class A misdemeanor. If it is shown at the trial of an offense
under this subsection [section] that the defendant was previously
convicted of an offense for a violation of an injunction or cease
and desist order issued under Subchapter B [under this section or if
the offense involves practicing without an appropriate board
license], the offense is a felony of the third degree.
[(e)] Each day of a violation is a separate offense.
SECTION 5. Section 265.005, Occupations Code, is amended by
adding Subsections (m), (n), and (o) to read as follows:
(m) A dental assistant who holds a certificate of
registration issued under this section shall display the person's
current certificate of registration in each office in which the
person makes dental x-rays. If the person makes dental x-rays at
more than one location, the person may display a duplicate of the
original registration certificate obtained from the board on
payment of a duplicate certificate fee set by the board.
(n) A dental assistant who holds a certificate of
registration issued under this section shall timely notify the
board of:
(1) any change of address of the person's place of
business;
(2) any change of employers; and
(3) any change of the person's mailing address.
(o) An initial certificate of registration issued under
this section expires on the 30th day after the date the certificate
is issued if the holder of the certificate fails to pay the required
certificate fee on or before that date.
SECTION 6. Section 266.101(a), Occupations Code, is amended
to read as follows:
(a) The council shall review each application for
registration or renewal of registration to determine if the
applicant meets the requirements of this chapter. [The council
shall provide to the board a list of applicants eligible for
registration.]
SECTION 7. Subchapter D, Chapter 266, Occupations Code, is
amended by adding Section 266.155 to read as follows:
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.
SECTION 8. Section 266.303, Occupations Code, is amended by
amending Subsection (c) and adding Subsections (d) and (e) to read
as follows:
(c) An offense for a violation of Section 266.301(c) [or
(d)] 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)
[under this subsection], 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.
SECTION 9. Section 262.203, Occupations Code, is repealed.
SECTION 10. (a) The changes in law made by this Act by the
repeal of Section 262.203, Occupations Code, and the amendment of
Sections 264.151 and 266.303, Occupations Code, apply only to an
offense committed on or after the effective date of this Act. For
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 11. The changes in law made by this Act by the
enactment of Sections 257.001(d), 265.005(o), and 266.155,
Occupations Code, apply only to a license, certificate of
registration, or registration certificate initially issued on or
after the effective date of this Act. A license, certificate of
registration, or registration certificate initially issued before
the effective date of this Act is governed by the law in effect on
the date the license, certificate of registration, or registration
certificate is issued, and the former law is continued in effect for
that purpose.
SECTION 12. This Act takes effect September 1, 2009.