By Turner S.B. No. 972 74R5237 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the prohibition of certain dental referral services; 1-3 providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Dental care service" means a service incident to 1-7 the practice of dentistry under the laws of this state. 1-8 (2) "Dental referral plan" means a plan under which a 1-9 person undertakes to refer or recommend dental care services or to 1-10 arrange for the availability of dental care services from one or 1-11 more participating dentists on a fee-for-service basis. The term 1-12 does not include a single health care service health maintenance 1-13 organization established under the Texas Health Maintenance 1-14 Organization Act (Chapter 20A, Vernon's Texas Insurance Code). 1-15 (3) "Dental referral plan organization" means a person 1-16 that arranges for or provides a dental referral plan to the 1-17 person's members for a fee or other consideration. 1-18 (4) "Dentist" means a person licensed to practice 1-19 dentistry in this state. 1-20 (5) "Person" means an individual, partnership, 1-21 association, organization, trust, corporation, or other entity. 1-22 SECTION 2. DENTAL REFERRAL PLANS PROHIBITED. (a) 1-23 Notwithstanding any other provision of law, a person may not act as 1-24 a dental referral plan organization. 2-1 (b) A dentist may not participate in a dental referral plan 2-2 organization or knowingly accept a patient referred to the dentist 2-3 by a dental referral plan organization. 2-4 SECTION 3. PENALTY. A person, including a dentist, commits 2-5 an offense if the person violates Section 2 of this Act. An 2-6 offense under this section is a Class A misdemeanor. 2-7 SECTION 4. EFFECTIVE DATE. This Act takes effect September 2-8 1, 1995. 2-9 SECTION 5. EMERGENCY. The importance of this legislation 2-10 and the crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended.