| |
| |
|
|
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. Section 256.105(a), 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 262.054(b), Occupations Code, is amended |
|
|
to read as follows: |
|
|
(b) A member may serve for not more than two consecutive |
|
|
full terms [only one six-year term]. |
|
|
SECTION 4. 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 has previously been 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 5. 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 6. Section 266.101(a), 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 7. 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 8. 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 9. Section 262.203, Occupations Code, is repealed. |
|
|
SECTION 10. (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 11. The changes in law made by this Act by the |
|
|
enactment of Sections 257.001(d), 265.005(o), and 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 12. This Act takes effect September 1, 2009. |