THE ATTO NEP GENEECU. 

OF TEXAS 

September 25, 1987 

Mr. William S. Nail 

Executive Director 

Opinion No. .I+796 

Texas State Board of Dental Examiners Re: Authority of the State 

8317 Cross Park Drive, Suite 400 Board of Dental Examiners to 

Austin. Texas 78754 reinstate a license that has 

been cancelled because of 

failure to comply with statutory requirements 

Dear Mr. Nail: 

Chapter 9 of Title 71 of the Revised Civil Statutes of Texas, 

specifically articles 4543 et seq., V.T.C.S., creates the State Board 

of Dental Examiners [hereinafter the board] and regulates the practice 

of dentistry. Article 4550a. V.T.C.S., sets forth, inter alia, 

registration requirements for dentists. Under a specific set of facts 

that you submit, you ask whether the State Board of Dental Examiners 

has the discretion to reinstate a licensee’s dental license after the 

licensee has failed to annually apply and register with the board. 

Assuming the truth of the facts that you submit. we answer your 

question in the negative. 

Article 4550a, V.T.C.S., contains the following relevant 

provisions: 

Sec. 1. It shall be the duty of all persons 

holding a dental license or dental hygienist 

license issued by the State Board of Dental 

Examiners, to annually apply and to be registered 

as such practitioners with the State Board of 

Dental Examiners on or before March 1st of each 

calendar year. Each person so registering shall 

pay in connection with such annual registration 

for the receipt hereinafter provided for, a fee as 

determined by said Board according to the needs of 

said Board, such payment to be made by each person 

to such Board, and every person so registering 

shall file with said Board a written application 

setting forth such facts as the Board may 

require. . . . 

p. 3763 
Mr. William S. Wail - Page 2 (.Dd-796) 

Sec. 2. If any person required to register as 

a practitioner under the provisions hereof shall 

fail or refuse to apply for such registration and 

pay such fee on or before March 1st of each calendar ye:z, as hereinabove set forth, his license or 

certificate to practice Issued to him, shall 

thereafter stand suspended so that thereafter in 

practicing he shall be subject to the penalties 

Imposed by law upon any person unlawfully practicing. A person may renew an unexpired license or 

certificate by paying to the Board before the 

expiration of the license or certificate the 

required renewal fee. If a person’s license or 

certificate has been expired for not longer than 

ninety (90) days, the person may renew it by 

paying to the Board the required renewal fee and a 

fee that is one-half of the examination fee for 

the license or certificate. If a person’s license 

or certificate has been expired for longer than 

ninety (90) days but less than two years, the 

person may renew it by paying to the Board all 

unpaid renewal fees and a fee that is equal to the 

examination fee for the license or certificate. 

If a person’s license or certificate has been 

exoired for two years or longer, the person may 

not renew it. The person may obtain a new license 

tificate by submitting to reexamination and 

dures for 

or cer 

complying with the requirements and proces 

obtaining an original license or certificate. The 

Board must notify each licensee in writing of that 

licensee’s impending license expiration 30 days 

prior to said expiration and shall attempt to 

obtain from the licensee signed receipt confirming 

receipt of notification. . . . (Emphasis added.) 

You provide us with the following factual information: 

The license of a dental licensee of this Board 

became delinquent March 1, 1984 and remained in a 

delinquent status until March 1, 1986, a period of 

two years. Following the license being in a 

delinquent status for two years, the license was 

cancelled pursuant to the above referenced provision of the Dental Practice Act. 

The licensee in question contacted this Agency 

in September, 1986 and requested that his license 

be reinstated. The licensee was advised that 

based on Attorney General Opinion No. MW-368 and 

p. 3764 
Mr. William S. Nail - Page 3 (JM-796) 

Article 4550a, Section 2, that the Board did not 

have the discretion to reinstate the license 

without the licensee taking and passing the Dental 

Examination. 

Throughout 1984. 1985, and 1986 until the 

cancellation, all required registration forms, 

late notices, and the thirty (30) day cancellation 

letter were sent to the last known address which 

the licensee had furnished this Agency. Article 

4550, Section 1, requires a licensee to provide 

timely notification to the Board of any address 

change. No record exists of any address change 

from the last known address of the licensee to 

which all correspondence was mailed. No attempt 

was made to secure a written receipt inasmuch as 

prior communications had been returned. 

You claim that your agency sent the required statutory notice of the 

impending expiration of the licensee’s license. However, there Is 

correspondence submitted in connection with your request that claims 

you may have failed to provide proper notice of the expiration of the 

registrant’s license. Because you do not ask whether there was 

substantial compliance with the notice provisions, we will not address 

the issue. Nor do we address the issue of whether the previous action 

may be corrected by some other means. You ask only whether the board 

has discretion to reinstate the registrant’s license. 

In our opinion, the underscored language of section 2 of the act 

is clear and unambiguous. Section 2 of the act requires that, if any 

person fails to renew his license within two years after the date by 

which a registrant should have applied for license renewal, that 

person’s license may not be renewed. A plain and unambiguous statute 

should be construed according to its literal meaning. Brazes River 

Authority v. City of Graham, 354 S.W.2d 99, 109 (Tex. 1961). 

Furthermore, it is well established that exceptions to statutes may 

not ordinarily be implied. Spears v. City of- San Antonio, 223 S.W. 

166, 169 (Tex. 1920); Stubbs v. Lowrey’s Heirs, 253 S.W.2d 312, 313 

(Tex. Civ. App. - Eastland 1952, writ ref’d n.r.e.); Nail v. McCue, 55 

S.W.2d 211, 213 (Tex. Civ. App. - El Paso 1932, no writ). Where the 

legislature has intended to except certain classes of persons from the 

requirements of licensing statutes, or to provide a period of grace, 

it has done so explicitly. See, e.g., Acts 1975, 64th Leg., ch. 709, 

§3, at 2253 (persons engaged in business of structural pest control 

for a period of two years granted two-year grace period before having 

to comply with examination requirements); Acts 1947, 50th Leg., ch. 

115, 510, at 195 (persons holding existing plumbing licenses from a 

city are exempt from examination reqiurements for state licensing as a 

plumber if they apply within 120 days from effective date of 

p. 3765 
I 

Mr. William S. Nail - Page 4 (JM-796) 

statutes); V.T.C.S. art. 4413 (29aa), 56(a) (persons who were peace 

officers prior to effective date of statute need not meet certain 

requfrements in order to continue employment as peace officers; see 

- 

generally Attorney General Opinion MW-368 (1981). 

Accordingly. we conclude that the State Board of,Dental Examiners 

does not have the discretion to reinstate the license of a registrant 

who has failed to renew his license within two years after the date by 

which a registrant should have applied for license renewal. 

SUMMARY 

The State Board of Dental Examiners does not 

have the authority to reinstate the license of a 

registrant who has failed to renew his license 

within two years after the date by which a registrant should have applied for license renewal. 

. 

MATTOX 

Attorney General of Texas 

MARY KELLER 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Jim Moellinger 

Assistant Attorney General 

p. 3766