By: Nelson S.B. No. 887
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. Subsection (b), Section 252.002, Occupations
Code, is amended to read as follows:
(b) A person is not eligible for appointment as a dentist or
dental hygienist member of the board if the person[:
[(1) is a member of the faculty of a dental or dental
hygiene school or of the dental or dental hygiene department of a
medical school; or
[(2)] has a financial interest in any dental, dental
hygiene, or medical school.
SECTION 2. Subsection (b), Section 252.004, Occupations
Code, is amended to read as follows:
(b) A member may not serve more than two consecutive full
terms [only one six-year term]. The completion of the unexpired
portion of a term does not constitute service for a full term for
purposes of this subsection.
SECTION 3. Subsection (a), Section 256.105, 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 4. 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 5. Subsection (b), Section 262.054, Occupations
Code, is amended to read as follows:
(b) A member may not serve more than two consecutive full
terms [only one six-year term]. The completion of the unexpired
portion of a term does not constitute service for a full term for
purposes of this subsection.
SECTION 6. Subchapter A, Chapter 264, Occupations Code, is
amended by adding Section 264.0115 to read as follows:
Sec. 264.0115. ALTERNATIVE INFORMAL ASSESSMENT OF
ADMINISTRATIVE PENALTY. (a) The board by rule may establish
procedures for the alternative informal assessment of
administrative penalties for violations of this subtitle that do
not involve the provision of direct patient care by a person
licensed or regulated under this subtitle.
(b) A penalty assessed under this section may consist only
of a monetary penalty that does not exceed $1,000 for each
violation. The total amount of penalties assessed against a person
under this section may not exceed $3,000 in a calendar year. If the
board establishes penalties under this section, the board by rule
shall adopt a standardized schedule of the penalties.
(c) The assessment of a penalty under this section is not
valid unless the person against whom the penalty is assessed
receives a notice of violation that contains at a minimum:
(1) a clear statement of the violation, including a
citation to the relevant section of this subtitle;
(2) the amount of the penalty assessed for each
violation; and
(3) a statement that the person may either pay the
penalty or appeal the penalty in writing.
(d) If the board establishes penalties under this section,
the board shall establish procedures for categorizing the
penalties.
(e) A person who is assessed an administrative penalty under
this section is entitled to a hearing under Chapter 2001,
Government Code.
SECTION 7. 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 8. 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 9. Subsection (a), Section 266.101, 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 10. 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 11. 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 12. Section 262.203, Occupations Code, is repealed.
SECTION 13. (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 14. The changes in law made by this Act by the
enactment of Subsection (d), Section 257.001, Subsection (o),
Section 265.005, and Section 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 15. This Act takes effect September 1, 2009.