By: Nelson S.B. No. 364

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 (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 2. 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 3. 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 was previously 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 4. 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 5. 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 6. 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 7. 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 8. Section 262.203, Occupations Code, is repealed.

SECTION 9. (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 10. 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 11. This Act takes effect September 1, 2007.