Texas 2009 - 81st Regular

Texas Senate Bill SB887 Compare Versions

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1	1	S.B. No. 887
2	2
3	3
4	4	AN ACT
5	5	relating to the licensing and regulation of dentists, dental
6	6	hygienists, dental assistants, and dental laboratories; providing
7	7	penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (b), Section 252.002, Occupations
10	10	Code, is amended to read as follows:
11	11	(b) A person is not eligible for appointment as a dentist or
12	12	dental hygienist member of the board if the person[:
13	13	[(1) is a member of the faculty of a dental or dental
14	14	hygiene school or of the dental or dental hygiene department of a
15	15	medical school; or
16	16	[(2)] has a financial interest in any dental, dental
17	17	hygiene, or medical school.
18	18	SECTION 2. Subsection (b), Section 252.004, Occupations
19	19	Code, is amended to read as follows:
20	20	(b) A member may not serve more than two consecutive full
21	21	terms [only one six-year term]. The completion of the unexpired
22	22	portion of a term does not constitute service for a full term for
23	23	purposes of this subsection.
24	24	SECTION 3. Subsection (a), Section 256.105, Occupations
25	25	Code, is amended to read as follows:
26	26	(a) Each dentist, dental hygienist, and owner or manager of
27	27	a dental laboratory licensed or registered with the board shall
28	28	timely notify the board of:
29	29	(1) any change of address of the person's place of
30	30	business; [and]
31	31	(2) any change of employers for the dentist or dental
32	32	hygienist and any change of owners or managers for the dental
33	33	laboratory; and
34	34	(3) any change of the person's mailing address.
35	35	SECTION 4. Section 257.001, Occupations Code, is amended by
36	36	adding Subsection (d) to read as follows:
37	37	(d) An initial license issued under this subtitle expires on
38	38	the 30th day after the date the license is issued if the holder of
39	39	the license fails to pay the required license fee on or before that
40	40	date.
41	41	SECTION 5. Subsection (b), Section 262.054, Occupations
42	42	Code, is amended to read as follows:
43	43	(b) A member may not serve more than two consecutive full
44	44	terms [only one six-year term]. The completion of the unexpired
45	45	portion of a term does not constitute service for a full term for
46	46	purposes of this subsection.
47	47	SECTION 6. Subchapter A, Chapter 264, Occupations Code, is
48	48	amended by adding Section 264.0115 to read as follows:
49	49	Sec. 264.0115. ALTERNATIVE INFORMAL ASSESSMENT OF
50	50	ADMINISTRATIVE PENALTY. (a) The board by rule may establish
51	51	procedures for the alternative informal assessment of
52	52	administrative penalties for violations of this subtitle that do
53	53	not involve the provision of direct patient care by a person
54	54	licensed or regulated under this subtitle.
55	55	(b) A penalty assessed under this section may consist only
56	56	of a monetary penalty that does not exceed $1,000 for each
57	57	violation. The total amount of penalties assessed against a person
58	58	under this section may not exceed $3,000 in a calendar year. If the
59	59	board establishes penalties under this section, the board by rule
60	60	shall adopt a standardized schedule of the penalties.
61	61	(c) The assessment of a penalty under this section is not
62	62	valid unless the person against whom the penalty is assessed
63	63	receives a notice of violation that contains at a minimum:
64	64	(1) a clear statement of the violation, including a
65	65	citation to the relevant section of this subtitle;
66	66	(2) the amount of the penalty assessed for each
67	67	violation; and
68	68	(3) a statement that the person may either pay the
69	69	penalty or appeal the penalty in writing.
70	70	(d) If the board establishes penalties under this section,
71	71	the board shall establish procedures for categorizing the
72	72	penalties.
73	73	(e) A person who is assessed an administrative penalty under
74	74	this section is entitled to a hearing under Chapter 2001,
75	75	Government Code.
76	76	SECTION 7. Section 264.151, Occupations Code, is amended to
77	77	read as follows:
78	78	Sec. 264.151. CRIMINAL PENALTIES [PENALTY]. (a) A person
79	79	commits an offense if the person violates Section 256.001 [this
80	80	subtitle]. An offense under this subsection is a felony of the
81	81	third degree. Each day of a violation is a separate offense.
82	82	(b) A person commits an offense if the person violates
83	83	Section 256.052. An offense under this subsection [section] is a
84	84	Class A misdemeanor. If it is shown at the trial of an offense under
85	85	this subsection that the defendant has previously been convicted of
86	86	an offense for a violation of Section 256.052, the offense is a
87	87	felony of the third degree.
88	88	(c) A person commits an offense if the person violates
89	89	Subchapter D, Chapter 262. An offense under this subsection is a
90	90	Class A misdemeanor. Each day of a violation is a separate offense
91	91	[A violation under this section does not include a violation to
92	92	which Section 262.203 applies].
93	93	(d) A person commits an offense if the person is a dentist or
94	94	dental hygienist and violates an injunction or cease and desist
95	95	order issued under Subchapter B. An offense under this subsection
96	96	is a Class A misdemeanor. If it is shown at the trial of an offense
97	97	under this subsection [section] that the defendant was previously
98	98	convicted of an offense for a violation of an injunction or cease
99	99	and desist order issued under Subchapter B [under this section or if
100	100	the offense involves practicing without an appropriate board
101	101	license], the offense is a felony of the third degree.
102	102	[(e)] Each day of a violation is a separate offense.
103	103	SECTION 8. Section 265.005, Occupations Code, is amended by
104	104	adding Subsections (m), (n), and (o) to read as follows:
105	105	(m) A dental assistant who holds a certificate of
106	106	registration issued under this section shall display the person's
107	107	current certificate of registration in each office in which the
108	108	person makes dental x-rays. If the person makes dental x-rays at
109	109	more than one location, the person may display a duplicate of the
110	110	original registration certificate obtained from the board on
111	111	payment of a duplicate certificate fee set by the board.
112	112	(n) A dental assistant who holds a certificate of
113	113	registration issued under this section shall timely notify the
114	114	board of:
115	115	(1) any change of address of the person's place of
116	116	business;
117	117	(2) any change of employers; and
118	118	(3) any change of the person's mailing address.
119	119	(o) An initial certificate of registration issued under
120	120	this section expires on the 30th day after the date the certificate
121	121	is issued if the holder of the certificate fails to pay the required
122	122	certificate fee on or before that date.
123	123	SECTION 9. Subsection (a), Section 266.101, Occupations
124	124	Code, is amended to read as follows:
125	125	(a) The council shall review each application for
126	126	registration or renewal of registration to determine if the
127	127	applicant meets the requirements of this chapter. [The council
128	128	shall provide to the board a list of applicants eligible for
129	129	registration.]
130	130	SECTION 10. Subchapter D, Chapter 266, Occupations Code, is
131	131	amended by adding Section 266.155 to read as follows:
132	132	Sec. 266.155. INITIAL REGISTRATION CERTIFICATE FEE. An
133	133	initial registration certificate issued under this subchapter
134	134	expires on the 30th day after the date the registration certificate
135	135	is issued if the holder of the registration certificate fails to pay
136	136	the required registration certificate fee on or before that date.
137	137	SECTION 11. Section 266.303, Occupations Code, is amended
138	138	by amending Subsection (c) and adding Subsections (d) and (e) to
139	139	read as follows:
140	140	(c) An offense for a violation of Section 266.301(c) [or
141	141	(d)] is a Class C misdemeanor. If it is shown on the trial of an
142	142	offense under this section that the defendant has previously been
143	143	convicted for an offense for a violation of Section 266.301(c)
144	144	[under this subsection], the offense is a Class A misdemeanor.
145	145	(d) An offense for a violation of Section 266.301(d) is a
146	146	Class B misdemeanor. If it is shown on the trial of an offense under
147	147	this section that the defendant has previously been convicted of an
148	148	offense for a violation of Section 266.301(d), the offense is a
149	149	Class A misdemeanor.
150	150	(e) Each day of a violation is a separate offense.
151	151	SECTION 12. Section 262.203, Occupations Code, is repealed.
152	152	SECTION 13. (a) The changes in law made by this Act by the
153	153	repeal of Section 262.203, Occupations Code, and the amendment of
154	154	Sections 264.151 and 266.303, Occupations Code, apply only to an
155	155	offense committed on or after the effective date of this Act. For
156	156	purposes of this section, an offense is committed before the
157	157	effective date of this Act if any element of the offense occurs
158	158	before that date.
159	159	(b) An offense committed before the effective date of this
160	160	Act is covered by the law in effect when the offense was committed,
161	161	and the former law is continued in effect for that purpose.
162	162	SECTION 14. The changes in law made by this Act by the
163	163	enactment of Subsection (d), Section 257.001, Subsection (o),
164	164	Section 265.005, and Section 266.155, Occupations Code, apply only
165	165	to a license, certificate of registration, or registration
166	166	certificate initially issued on or after the effective date of this
167	167	Act. A license, certificate of registration, or registration
168	168	certificate initially issued before the effective date of this Act
169	169	is governed by the law in effect on the date the license,
170	170	certificate of registration, or registration certificate is
171	171	issued, and the former law is continued in effect for that purpose.
172	172	SECTION 15. This Act takes effect September 1, 2009.
173	173	______________________________ ______________________________
174	174	President of the Senate Speaker of the House
175	175	I hereby certify that S.B. No. 887 passed the Senate on
176	176	April 9, 2009, by the following vote: Yeas 31, Nays 0.
177	177	______________________________
178	178	Secretary of the Senate
179	179	I hereby certify that S.B. No. 887 passed the House on
180	180	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
181	181	present not voting.
182	182	______________________________
183	183	Chief Clerk of the House
184	184	Approved:
185	185	______________________________
186	186	Date
187	187	______________________________
188	188	Governor