By Madden H.B. No. 203
74R452 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of dentistry; providing
1-3 a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5, Article 4544, Revised Statutes, is
1-6 amended to read as follows:
1-7 Sec. 5. (a) The Board shall develop a mandatory <may
1-8 recognize, prepare, or carry out> continuing education program
1-9 <programs for persons it licenses or certifies. Participation in
1-10 the programs is voluntary>.
1-11 (b) The Board by rule shall:
1-12 (1) establish the minimum hours of continuing
1-13 education required for license renewal;
1-14 (2) identify the key factors that lead to the
1-15 competent performance of professional duties under this Act;
1-16 (3) develop a process to evaluate and approve
1-17 continuing education courses; and
1-18 (4) develop a process to assess a license holder's
1-19 participation and performance in continuing education courses that
1-20 will enable the Board to evaluate the overall effectiveness of the
1-21 program.
1-22 (c) The Board is authorized to assess the continuing
1-23 education needs of license holders and may require license holders
1-24 to attend continuing education courses specified by the Board.
2-1 SECTION 2. Article 4548a, Revised Statutes, is amended to
2-2 read as follows:
2-3 Art. 4548a. Unlawful to practice without license. (a) It
2-4 shall be unlawful for any person to practice, or offer to practice,
2-5 dentistry in this State or hold himself out as practicing dentistry
2-6 in this State without first having obtained a license from the
2-7 State Board of Dental Examiners. Said license must be signed by
2-8 all the members of the Board and shall have imprinted thereon the
2-9 official seal of the Board.
2-10 (b) An offense under this article is a felony of the third
2-11 degree.
2-12 SECTION 3. Section 2, Article 4548h, Revised Statutes, is
2-13 amended by adding Subsection (d) to read as follows:
2-14 (d) If the Board or an executive committee of the Board
2-15 determines from the evidence or information presented to it that a
2-16 person licensed under this Act by continuation in practice would
2-17 constitute a continuing threat to the public welfare, the Board or
2-18 the executive committee of the Board shall temporarily suspend the
2-19 license of that person. The license may be suspended under this
2-20 section without notice or hearing on the complaint, provided
2-21 institution of proceedings for a hearing before the Board is
2-22 initiated simultaneously with the temporary suspension and provided
2-23 that a hearing is held as soon as can be accomplished under Chapter
2-24 2001, Government Code, and this Act.
2-25 SECTION 4. Article 4548i, Revised Statutes, is amended to
2-26 read as follows:
2-27 Art. 4548i. Punishment. Any person who shall violate any
3-1 provision of Chapter Nine, Title 71, Revised Statutes, commits an
3-2 offense. Except as otherwise provided by that chapter, an <An>
3-3 offense under this section is a Class A misdemeanor. If it is
3-4 shown at a trial of an offense under this section that the
3-5 defendant was previously convicted under this section of any
3-6 misdemeanor, the offense is a felony of the third degree. Each day
3-7 of such violation shall be a separate offense.
3-8 SECTION 5. (a) Except as provided by Section 6, this Act
3-9 takes effect September 1, 1995, and applies only to a license
3-10 issued or renewed on or after that date. A license issued or
3-11 renewed before that date is governed by the law in effect on the
3-12 date the license was issued or renewed, and the former law is
3-13 continued in effect for that purpose.
3-14 (b) The change in law made by this Act relating to a penalty
3-15 that may be imposed applies only to a violation that occurs on or
3-16 after the effective date of this Act. A violation occurs on or
3-17 after the effective date of this Act only if each element of the
3-18 violation occurs on or after that date. A violation that occurs
3-19 before the effective date of this Act is governed by the law in
3-20 effect on the date the violation occurred, and the former law is
3-21 continued in effect for this purpose.
3-22 SECTION 6. This Act takes effect only if the 74th
3-23 Legislature, at its regular session, enacts legislation that
3-24 becomes law authorizing a state agency to regulate the practice of
3-25 dentistry. If that legislation does not become law, this Act has
3-26 no effect.
3-27 SECTION 7. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.