reglab/housing_qa huggingface dataset:
TX Occ Code § 262.151 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 262 - Regulation of Dental Hygienists|Subchapter D. Practice by License Holder|Section 262.151. Delegation of Duties by Dentist

Sec. 262.151.  DELEGATION OF DUTIES BY DENTIST.  (a)  A licensed dentist may delegate orally or in writing a service, task, or procedure to a dental hygienist who is under the supervision and responsibility of the dentist, if:(1)  the dental hygienist is licensed to perform the service, task, or procedure;(2)  the supervising dentist examines the patient:(A)  at the time the service, task, or procedure is performed by the dental hygienist;  or(B)  during the 12 calendar months preceding the date of performance of the service, task, or procedure by the dental hygienist;  and(3)  the dental hygienist does not:(A)  diagnose a dental disease or ailment;(B)  prescribe a treatment or a regimen;(C)  prescribe, order, or dispense medication;  or(D)  perform any procedure that is irreversible or involves the intentional cutting of soft or hard tissue by any means.(b)  A licensed dentist may delegate to a dental hygienist any act that a dentist may delegate to a dental assistant.(c)  A dentist is not required to be on the premises when the dental hygienist performs a delegated act.(d)  This chapter does not prevent a dentist from authorizing a dental hygienist employed by the dentist to:(1)  instruct and educate a patient in proper oral hygiene;  or(2)  provide to a patient a medication ordered by the dentist.(e)  This chapter does not prevent a dental hygienist from incidentally removing cementum during root planing.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 262.1515 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 262 - Regulation of Dental Hygienists|Subchapter D. Practice by License Holder|Section 262.1515. Delegation of Duties to Dental Hygienist Practicing in Certain Facilities

Sec. 262.1515.  DELEGATION OF DUTIES TO DENTAL HYGIENIST PRACTICING IN CERTAIN FACILITIES.  (a)  A licensed dentist may delegate a service, task, or procedure, pursuant to this section, to a dental hygienist, without complying with Section 262.151(a)(2) if:(1)  the dental hygienist has at least two years' experience in the practice of dental hygiene; and(2)  the service, task, or procedure is performed in one of the following locations:(A)  a nursing facility as defined in Section 242.301, Health and Safety Code;(B)  a school-based health center established under Subchapter B, Chapter 38, Education Code; or(C)  a community health center as defined by Section 136.002, Human Resources Code.(b)  The patient must be referred to a licensed dentist after the completion of a service, task, or procedure performed under Subsection (a).(c)  A dental hygienist may only perform delegated tasks or procedures with respect to a patient for six months unless the patient has been examined by a dentist in compliance with Section 262.151(a)(2).(d)  A dental hygienist may not perform any service, task, or procedure under this section without the express authorization of a dentist.(e)  The facility under Subsection (a)(2) shall note each delegated service, task, or procedure performed by the dental hygienist under this section in the patient's medical records.|Added by Acts 2001, 77th Leg., ch. 1470, Sec. 4.02, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.0045, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 270 (S.B. 97), Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 270 (S.B. 97), Sec. 2, eff. September 1, 2009.|
TX Occ Code § 262.152 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 262 - Regulation of Dental Hygienists|Subchapter D. Practice by License Holder|Section 262.152. Performance of Delegated Duties

Sec. 262.152.  PERFORMANCE OF DELEGATED DUTIES. (a)  Except as provided by Section 262.1515, a dental hygienist shall practice dental hygiene:(1)  in the dental office of a supervising dentist licensed by the board; or(2)  in an alternate setting, including a nursing home, the patient's home, a school, a hospital, a state institution, a public health clinic, or another institution, under the supervision of a supervising dentist.(b)  For purposes of this section, a dental hygienist who practices dental hygiene as a teledentistry dental service, as defined by Section 111.001, is practicing in an alternate setting in compliance with Subsection (a)(2).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.091(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 270 (S.B. 97), Sec. 3, eff. September 1, 2009.Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 15, eff. September 1, 2021.|
TX Occ Code § 262.201 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 262 - Regulation of Dental Hygienists|Subchapter E. Prohibited Practices; Civil Liability; Penalties|Section 262.201. Prohibited Practice

Sec. 262.201.  PROHIBITED PRACTICE.  A dental hygienist may not practice or offer to practice dental hygiene under a name other than the name appearing on the person's license.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 262.202 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 262 - Regulation of Dental Hygienists|Subchapter E. Prohibited Practices; Civil Liability; Penalties|Section 262.202. Civil Liability

Sec. 262.202.  CIVIL LIABILITY.  A dental hygienist who administers to a person cardiopulmonary resuscitation or other emergency care in an emergency situation is not liable to the person for damages unless the emergency care is performed in a wilfully or wantonly negligent manner.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.001 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.001. Imposition of Penalty

Sec. 264.001.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty on a person licensed or regulated under this subtitle who violates this subtitle or a rule or order adopted under this subtitle.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.002 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.002. Amount of Penalty

Sec. 264.002.  AMOUNT OF PENALTY.  (a)  The amount of the administrative penalty may not exceed $5,000 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(b)  The executive director or a board subcommittee, of which, at least one member is a public member of the board, shall determine the amount of the penalty based on a standardized penalty schedule.  The board by rule shall develop the schedule based on:(1)  the seriousness of the violation, including:(A)  the nature, circumstances, extent, and gravity of the violation;  and(B)  the hazard or potential hazard created to the health, safety, or welfare of the public;(2)  the economic damage to property or the environment caused by the violation;(3)  the history of previous violations;(4)  the amount necessary to deter a future violation;(5)  efforts made to correct the violation;  and(6)  any other matter that justice may require.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.003 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.003. Report and Notice of Violation and Penalty

Sec. 264.003.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the executive director or a board subcommittee determines that a violation has occurred, the executive director or board subcommittee may issue to the board a report stating:(1)  the facts on which the determination is based;  and(2)  the recommendation of the executive director or the subcommittee on the imposition of the administrative penalty, including a recommendation on the amount of the penalty.(b)  Not later than the 14th day after the date the report is approved by the board, the executive director shall give written notice of the report to the person on whom the penalty may be imposed.  The notice may be given by certified mail.  The notice must:(1)  include a notice of each alleged violation;(2)  state the amount of the recommended penalty;  and(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.004 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.004. Penalty to Be Paid or Hearing Requested

Sec. 264.004.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice, the person may:(1)  accept, in writing, the executive director's or subcommittee's determination and recommended administrative penalty;  or(2)  make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both.(b)  If the person accepts the determination and recommended penalty, the board by order shall approve the determination and impose the recommended penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.005 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.005. Hearing

Sec. 264.005.  HEARING.  (a)  If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing and give notice of the hearing to the person.(b)  An administrative law judge of the State Office of Administrative Hearings shall hold the hearing.(c)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the board a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.006 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.006. Decision by Board

Sec. 264.006.  DECISION BY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that:(1)  a violation occurred and impose an administrative penalty;  or(2)  a violation did not occur.(b)  The notice of the board's order given to the person under Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.007 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.007. Options Following Decision: Pay or Appeal

Sec. 264.007.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:(1)  pay the administrative penalty;(2)  pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both;  or(3)  without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account;  or(B)  giving to the court a supersedeas bond that is approved by the court and that is:(i)  for the amount of the penalty;  and(ii)  effective until judicial review of the board's order is final;  or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and(B)  giving a copy of the affidavit to the executive director by certified mail.(c)  On receipt of a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.008 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.008. Collection of Penalty

Sec. 264.008.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.009 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.009. Determination by Court

Sec. 264.009.  DETERMINATION BY COURT.  (a)  If the court sustains the determination that a violation has occurred after the court reviews the board's order imposing an administrative penalty, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced penalty.(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.010 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.010. Remittance of Penalty and Interest

Sec. 264.010.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review, the penalty is reduced or not upheld by the court, the court shall, after the judgment becomes final:(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or(2)  order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest is paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.011 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.011. Informal Assessment of Administrative Penalty

Sec. 264.011.  INFORMAL ASSESSMENT OF ADMINISTRATIVE PENALTY.  This subchapter does not prevent the board from assessing an administrative penalty using an informal proceeding under Section 263.007.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 36, eff. September 1, 2017.|
TX Occ Code § 264.0115 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.0115. Alternative Informal Assessment of Administrative Penalty

Sec. 264.0115.  ALTERNATIVE INFORMAL ASSESSMENT OF ADMINISTRATIVE PENALTY.  (a)  The board by rule may establish procedures for the alternative informal assessment of administrative penalties for violations of this subtitle that do not involve the provision of direct patient care by a person licensed or regulated under this subtitle.(b)  A penalty assessed under this section may consist only of a monetary penalty that does not exceed $1,000 for each violation.  The total amount of penalties assessed against a person under this section may not exceed $3,000 in a calendar year.  If the board establishes penalties under this section, the board by rule shall adopt a standardized schedule of the penalties.(c)  The assessment of a penalty under this section is not valid unless the person against whom the penalty is assessed receives a notice of violation that contains at a minimum:(1)  a clear statement of the violation, including a citation to the relevant section of this subtitle;(2)  the amount of the penalty assessed for each violation; and(3)  a statement that the person may either pay the penalty or appeal the penalty in writing.(d)  If the board establishes penalties under this section, the board shall establish procedures for categorizing the penalties.(e)  A person who is assessed an administrative penalty under this section is entitled to a hearing under Chapter 2001, Government Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 772 (S.B. 887), Sec. 6, eff. September 1, 2009.|
TX Occ Code § 264.012 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter A. Administrative Penalty|Section 264.012. Administrative Procedure

Sec. 264.012.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is subject to Chapter 2001, Government Code.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.051 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter B. Injunction; Cease and Desist Order|Section 264.051. Injunction

Sec. 264.051.  INJUNCTION.  (a)  The state shall file suit for injunction against a person who practices or intends to practice dentistry in violation of state law.  The suit shall be filed in the county in which the defendant practices or intends to practice dentistry.(b)  The state is not required to demonstrate that any person was injured by the alleged prohibited practice.(c)  If the defendant is found to have been unlawfully practicing dentistry or to be about to provide services in a manner that is the unlawful practice of dentistry, the court shall permanently enjoin the defendant from practicing dentistry in violation of law.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 264.052 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter B. Injunction; Cease and Desist Order|Section 264.052. Representation of State

Sec. 264.052.  REPRESENTATION OF STATE.  The attorney general or the district attorney or county attorney of the county in which the unlawful acts occurred shall represent the state in a suit under Section 264.051.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 17, Sec. 22, eff. Sept. 1, 2003.|
TX Occ Code § 264.0525 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 264 - Penalties and Enforcement Provisions|Subchapter B. Injunction; Cease and Desist Order|Section 264.0525. Cease and Desist Order

Sec. 264.0525.  CEASE AND DESIST ORDER.  (a)  The board may serve a proposed cease and desist order on a person the board believes is engaging or is likely to engage in an activity without a license or registration certificate required by this subtitle.  The order must:(1)  be delivered by personal delivery or registered or certified mail, return receipt requested, to the person's last known address;(2)  state the acts or practices alleged to be an unauthorized activity;  and(3)  state the effective date of the order, which may not be before the 21st day after the date the proposed order is delivered or mailed.(b)  Unless the person against whom the proposed order is directed requests a hearing in writing before the effective date of the order, the order takes effect and is final and nonappealable as to that person.(c)  A requested hearing on a proposed order shall be held not later than the 30th day after the date the board receives the written request for a hearing unless the parties agree to a later hearing date.  A hearing under this subsection is subject to Chapter 2001, Government Code.(d)  After the hearing, the board shall issue or decline to issue a cease and desist order.  The proposed order may be modified as necessary to conform to the findings at the hearing.  An order issued under this subsection:(1)  is immediately final for purposes of enforcement and appeal;  and(2)  must require the person to immediately cease and desist from the unauthorized activity.(e)  The board may release to the public a final cease and desist order issued under this section or information relating to the existence of the order if the board determines that the release would enhance the effective enforcement of the order or will serve the public interest.|Added by Acts 2003, 78th Leg., ch. 17, Sec. 23, eff. Sept. 1, 2003.|