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A BILL TO BE ENTITLED
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AN ACT
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relating to access to the dental records of a dental clinic or |
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organization; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 258, Occupations Code, is |
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amended by adding Section 258.0511 to read as follows: |
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Sec. 258.0511. ACCESS TO DENTAL RECORDS. (a) An owner, |
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shareholder, partner, or executive officer of a clinic or other |
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entity that provides dental services for the public shall designate |
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a license holder as the dental custodian of records to provide |
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records to the board or a dentist who has provided dental treatment |
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and to comply with other law regulating dental patient records. |
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(b) On demand, the dental custodian of records shall give |
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access to the board and produce for the board all records or other |
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evidence related to the investigation or prosecution of an alleged |
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violation of this subtitle or another law regulating the practice |
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of dentistry in this state. |
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(c) The board shall adopt rules regarding the designation |
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and duties of a dental custodian of records. |
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(d) Section 264.101 applies to a violation of this section. |
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SECTION 2. Subchapter D, Chapter 264, Occupations Code, is |
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amended by adding Section 264.152 to read as follows: |
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Sec. 264.152. CRIMINAL PENALTY: DENTAL RECORDS ACCESS. |
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(a) A person commits an offense if the person violates Section |
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258.0511. |
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(b) Notwithstanding Section 264.151, an offense under this |
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section is a Class B misdemeanor. |
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(c) If it is shown at the trial of an offense under this |
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section that the defendant was previously convicted under this |
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section, the offense is a Class A misdemeanor. |
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SECTION 3. This Act takes effect September 1, 2007. |