reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.0072. Informal Settlement Conference Panel

Sec. 263.0072.  INFORMAL SETTLEMENT CONFERENCE PANEL.  (a)  The board shall appoint members of the board and the dental review committee to serve, on a rotating basis, as panelists on an informal settlement conference panel for purposes of this section.
(b)  In an informal settlement conference under Section 263.007, the board shall appoint at least two panelists to determine whether an informal disposition is appropriate.  At least one of the panelists must be a dentist.
(c)  The board by rule shall require that at least one panelist be physically present at the informal settlement conference and may authorize another panelist to appear by video conference.
(d)  Notwithstanding Subsection (b), an informal settlement conference may be conducted by one panelist if the license holder who is the subject of the complaint waives the requirement that at least two panelists conduct the conference.  If the license holder waives that requirement, the panelist may be a dentist, a dental hygienist, or a member who represents the public.
(e)  Notwithstanding Subsections (b) and (d), an informal settlement conference conducted under Section 263.007 to show compliance with an order or remedial plan of the board may be conducted by one panelist.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 33, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.0074. Dismissal of Baseless Complaint

Sec. 263.0074.  DISMISSAL OF BASELESS COMPLAINT.  If, during the 180-day period prescribed by Section 263.007(b)(1), the board determines that the complaint is a baseless or unfounded complaint, the board shall dismiss the complaint and include a statement in the records of the complaint that the reason for the dismissal is because the complaint was baseless or unfounded.  The board shall adopt rules that establish criteria for determining that a complaint is baseless or unfounded.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 33, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.0076. Informal Settlement Conference Notice Regarding Certain Complaints

Sec. 263.0076.  INFORMAL SETTLEMENT CONFERENCE NOTICE REGARDING CERTAIN COMPLAINTS.   If an informal settlement conference is not scheduled for a complaint before the 180-day period prescribed by Section 263.007(b)(1), the board shall provide notice to all parties to the complaint.  The notice must include an explanation of the reason why the informal settlement conference has not been scheduled.  The notice under this section is not required if the notice would jeopardize an investigation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 709 (H.B. 3201), Sec. 9, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 34, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.0077. Remedial Plan

Sec. 263.0077.  REMEDIAL PLAN.  (a)  The board may issue and establish the terms of a remedial plan to resolve the investigation of a complaint filed under this subtitle.
(b)  A remedial plan may not contain a provision that:
(1)  revokes, suspends, limits, or restricts a person's license or other authorization to practice dentistry or dental hygiene; or
(2)  assesses an administrative penalty against a person.
(c)  A remedial plan may not be imposed to resolve a complaint:
(1)  concerning:
(A)  a patient death;
(B)  the commission of a felony; or
(C)  a matter in which the license holder engaged in inappropriate sexual behavior or contact with a patient or became financially or personally involved with a patient in an inappropriate manner; or
(2)  in which the appropriate resolution may involve a restriction on the manner in which a license holder practices dentistry or dental hygiene.
(d)  The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding five years.
(e)  The board may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.
(f)  A remedial plan is public information.
(f-1)  On or after the fifth anniversary of the date a remedial plan is issued under this section, the board may remove from the board's public Internet website any public information regarding the dentist or dental hygienist with respect to the plan and the complaint resolved by the plan, unless:
(1)  the complaint was related to the delivery of health care; or
(2)  more than one remedial plan has been issued to resolve complaints alleging the same violation by the dentist or dental hygienist, including a complaint not related to the delivery of health care.
(g)  In civil litigation, a remedial plan is a settlement agreement under Rule 408, Texas Rules of Evidence.
(h)  The board shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 709 (H.B. 3201), Sec. 9, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 403 (S.B. 1534), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.008. Subpoena

Sec. 263.008.  SUBPOENA.  (a)  The board may issue a subpoena or a subpoena duces tecum to compel the attendance of a witness for examination under oath and the production, for examination and copying, of books, accounts, records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter or another state law relating to the practice of dentistry.  The board may administer oaths and take testimony regarding any matter within the board's jurisdiction.
(a-1)  The board may delegate the authority granted under Subsection (a) to the executive director or the secretary of the board.
(a-2)  A subpoena issued at the request of board staff may be served by certified mail or personally by the board's investigators.
(b)  The board may request the attorney general to file suit against a person who fails to comply with a subpoena issued by the board to enforce the subpoena.  The suit must be filed in a Travis County district court.
(c)  The court on finding that good cause exists for the issuance of the subpoena shall order the person to comply with the subpoena.
(d)  The board shall pay, for photocopies subpoenaed at the request of the board's staff, a reasonable fee in an amount not to exceed the amount the board may charge for copies of the board's records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.093(a), eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 35, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.009. Appeal

Sec. 263.009.  APPEAL.  A person aggrieved by a decision of the board under this chapter is entitled to appeal as provided by Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 264.0526. Emergency Cease and Desist Order

Sec. 264.0526.  EMERGENCY CEASE AND DESIST ORDER.  (a)  The board may issue an emergency cease and desist order to a person if the board reasonably believes that:
(1)  the person is engaging or is likely to engage in an activity without a license or registration certificate required by this subtitle;  and
(2)  the unauthorized activity constitutes a clear, imminent, or continuing threat to a person's physical health or well-being.
(b)  The order must:
(1)  be delivered on issuance to the person affected by the order 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 require the person immediately to cease and desist from the unauthorized activity;  and
(3)  contain a notice that a request for hearing may be filed under this section.
(c)  Unless the person against whom the emergency order is directed requests a hearing in writing before the 11th day after the date it is served on the person, the emergency order is final and nonappealable as to that person.  A request for a hearing must:
(1)  be in writing and directed to the board;  and
(2)  state the grounds for the request to set aside or modify the order.
(d)  On receiving a request for a hearing, the board shall serve notice of the time and place of the hearing by personal delivery or registered or certified mail, return receipt requested.  The hearing must be held not later than the 10th day after the date the board receives the 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.
(e)  After the hearing, the board shall affirm, modify, or set aside in whole or in part the emergency cease and desist order.  An order affirming or modifying the emergency cease and desist order is immediately final for purposes of enforcement and appeal.
(f)  An order continues in effect unless the order is stayed by the board.  The board may impose any condition before granting a stay of the order.
(g)  The board may release to the public a final cease and desist order issued under this section or information regarding 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.
2023 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 264.0527. Appeal of Cease and Desist Order

Sec. 264.0527.  APPEAL OF CEASE AND DESIST ORDER.  (a)  A person affected by a cease and desist order issued, affirmed, or modified after a hearing may file a petition for judicial review.
(b)  A filed petition for judicial review does not stay or vacate the order unless the court, after hearing, specifically stays or vacates the order.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 23, eff. Sept. 1, 2003.
2023 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 264.053. Remedies Cumulative

Sec. 264.053.  REMEDIES CUMULATIVE.  The remedies provided by this subchapter are in addition to criminal prosecution and cumulative of other remedies provided to prevent the unlawful practice of dentistry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 17, Sec. 24, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 264 - Penalties and Enforcement Provisions › Subchapter C. Civil Penalty › Section 264.101. Civil Penalty

Sec. 264.101.  CIVIL PENALTY.  (a)  A person who violates a provision of this subtitle is liable to the state for a civil penalty in an amount not to exceed $5,000.
(b)  Each day a violation continues or occurs is a separate violation for the purpose of imposing the civil penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 264 - Penalties and Enforcement Provisions › Subchapter C. Civil Penalty › Section 264.102. Collection of Civil Penalty

Sec. 264.102.  COLLECTION OF CIVIL PENALTY.  At the board's request, the attorney general or the district attorney or county attorney of the county in which the violation is alleged to have occurred shall file suit to collect the civil penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 264 - Penalties and Enforcement Provisions › Subchapter D. Criminal Penalty › Section 264.151. Criminal Penalties

Sec. 264.151.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person violates Section 256.001.  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 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.
(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 that the defendant was previously convicted of an offense for a violation of an injunction or cease and desist order issued under Subchapter B, the offense is a felony of the third degree.  Each day of a violation is a separate offense.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 772 (S.B. 887), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 264 - Penalties and Enforcement Provisions › Subchapter D. Criminal Penalty › Section 264.152. Criminal Penalty: Dental Records Access

Sec. 264.152.  CRIMINAL PENALTY:  DENTAL RECORDS ACCESS.  (a)  A person commits an offense if the person violates Section 258.0511.
(b)  Notwithstanding Section 264.151, an offense under this section is a Class B misdemeanor.
(c)  If it is shown at the trial of an offense under this section that the defendant was previously convicted under this section, the offense is a Class A misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 1119 (H.B. 3876), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 265 - Regulation of Dental Assistants › Section 265.0001. Definitions

Sec. 265.0001.  DEFINITIONS.  In this chapter:
(1)  "Coronal polishing" means the removal of plaque and extrinsic stain from exposed natural and restored tooth surfaces using an appropriate rotary instrument with rubber cup or brush and polishing agent, including the use of a toothbrush.
(2)  "Interim treatment of a minor emergency dental condition" means treatment of a condition that:
(A)  arises unexpectedly;
(B)  causes pain or discomfort to the patient;
(C)  is considered reversible;
(D)  does not require cutting hard or soft tissue; and
(E)  in the opinion of the treating dentist, may be performed by a properly trained dental assistant.
Added by Acts 2009, 81st Leg., R.S., Ch. 476 (S.B. 455), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 265 - Regulation of Dental Assistants › Section 265.001. Registration Required for Certain Dental Acts

Sec. 265.001.  REGISTRATION REQUIRED FOR CERTAIN DENTAL ACTS.  (a)  Unless the dental assistant is registered under this chapter, a dental assistant may not:
(1)  make a dental x-ray; or
(2)  monitor the administration of nitrous oxide.
(b)  The board may adopt and enforce rules requiring a dental assistant to register with the board to perform other dental acts as necessary to protect the public health and safety.
(c)  The board shall maximize the efficient administration of this chapter by:
(1)  developing a system to track the number of registrations held by a dental assistant under this chapter; and
(2)  coordinating the times at which a dental assistant's registrations must be renewed so that the times of registration, payment, notice, and imposition of penalties for late payment are similar and the administrative burden to the board and to the dental assistant is reduced.
(d)  Notwithstanding Subsection (a)(1), a dental assistant who is hired as a dental assistant for the first time and who has not previously been issued a registration to make dental x-rays may make dental x-rays without complying with this chapter until the first anniversary of the date the dental assistant is hired.
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. 37, eff. September 1, 2018.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 265 - Regulation of Dental Assistants › Section 265.0015. Eligibility Requirements for Registration

Sec. 265.0015.  ELIGIBILITY REQUIREMENTS FOR REGISTRATION.  (a)  The board by rule shall establish the requirements for each type of registration issued under this chapter, including requiring a dental assistant to:
(1)  hold a high school diploma or its equivalent;
(2)  complete an educational program approved by the board that provides instruction on:
(A)  a dental act that requires a registration under this chapter;
(B)  basic life support;
(C)  infection control; and
(D)  jurisprudence;
(3)  pass an examination approved or administered by the board; and
(4)  meet any additional qualifications established by the board.
(b)  The board may approve courses of instruction and examinations that are provided by private entities for the purposes of this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 38, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 265 - Regulation of Dental Assistants › Section 265.0016. Fees

Sec. 265.0016.  FEES.  The board shall set and collect fees in amounts that are reasonable and necessary to cover the costs of administering this chapter, including registration and renewal fees.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 38, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 265 - Regulation of Dental Assistants › Section 265.0017. Registration Expiration and Renewal

Sec. 265.0017.  REGISTRATION EXPIRATION AND RENEWAL.  (a)  A registration under this chapter is valid for two years.
(b)  A dental assistant may renew a registration by paying the required renewal fee and complying with any other renewal requirements established by the board.
(c)  A dental assistant whose registration has expired may not engage in an activity that requires registration until the registration has been renewed.
(d)  The board by rule may adopt a system under which registrations expire on various dates during the year.  For the year in which the expiration date is changed, the board shall prorate registration fees on a monthly basis so that each registration holder pays only that portion of the registration fee that is allocable to the number of months during which the registration is valid.  On renewal of the registration on the new expiration date, the total renewal fee is payable.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 38, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 265 - Regulation of Dental Assistants › Section 265.002. Supervision, Direction, and Responsibility

Sec. 265.002.  SUPERVISION, DIRECTION, AND RESPONSIBILITY.  (a)  In this subtitle, a dental assistant is under the direct supervision, direction, and responsibility of a dentist if the dentist:
(1)  employs the dental assistant or is in charge of the dental assistant; and
(2)  is physically present in the dental office when the dental assistant performs a delegated dental act.
(b)  For purposes of Subsection (a)(2), physical presence does not require that the supervising dentist be in the treatment room when the dental assistant performs the service as long as the dentist is in the dental office.
(c)  In this subtitle, a dental assistant is under the general supervision, direction, and responsibility of a dentist if the dentist:
(1)  employs the dental assistant or is in charge of the dental assistant; and
(2)  is responsible for supervising the services to be performed by the dental assistant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 476 (S.B. 455), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 265 - Regulation of Dental Assistants › Section 265.003. Permitted Duties

Sec. 265.003.  PERMITTED DUTIES.  (a)  A dental assistant who is not registered under this chapter may be employed by and work in the office of a licensed and practicing dentist and perform one or more delegated dental acts under:
(1)  the direct supervision, direction, and responsibility of the dentist, including  the application of fluoride varnish; or
(2)  the general supervision, direction, and responsibility of the dentist, limited to:
(A)  the making of dental x-rays in compliance with Section 265.001(d); and
(B)  the provision of interim treatment of a minor emergency dental condition to an existing patient of the treating dentist.
(a-1)  A treating dentist who delegates the provision of interim treatment of a minor emergency dental condition to a dental assistant under Subsection (a)(2) shall:
(1)  delegate the procedure orally or in writing before the dental assistant performs the procedure;
(2)  retain responsibility for the procedure; and
(3)  schedule a follow-up appointment with the patient within a reasonable time.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(8), eff. September 1, 2017.
(c)  A delegating dentist remains responsible for the dental acts of a registered or nonregistered dental assistant performing the delegated dental acts.
(d)  A dental assistant to whom a delegation is made may not represent to the public that the dental assistant is authorized to practice dentistry or dental hygiene.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1470, Sec. 4.03, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1144, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 476 (S.B. 455), Sec. 4, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 39, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(8), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 265 - Regulation of Dental Assistants › Section 265.008. Continuing Education Required for Registration Renewal

Sec. 265.008.  CONTINUING EDUCATION REQUIRED FOR REGISTRATION RENEWAL.  The board by rule shall establish continuing education requirements for dental assistants registered under this chapter, including a minimum number of hours of continuing education required to renew a registration.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 42, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter A. General Provisions › Section 266.001. Definitions

Sec. 266.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(11), eff. September 1, 2017.
(2)  "Dental laboratory" means a place in which a person performs or offers to perform a dental laboratory service.
(3)  "Dental laboratory service" means:
(A)  the making, assembly, processing, production, repair, relining, or adjustment of a prosthetic or orthodontic dental appliance, a full or partial denture, a fixed or removable dental bridge, a dental plate of false teeth, an artificial restoration, or a substitute or corrective device for any part of the human teeth, gums, jaws, or alveolar process;  or
(B)  the fitting of a dental appliance, a denture, a bridge, a plate, false teeth, an artificial restoration, or a substitute or corrective device for the human teeth, gums, or jaws to or on a dental model, impression, or cast of any part of the human teeth, gums, jaws, or alveolar process.
(4)  "Dental technician" means a person who performs, offers to perform, or aids, abets, or causes another to perform or offer to perform a dental laboratory service.
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. 48(11), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter A. General Provisions › Section 266.002. Exemptions

Sec. 266.002.  EXEMPTIONS.  This chapter does not apply to:
(1)  a student enrolled in a program of a school of dentistry;
(2)  a licensed dentist engaged in the practice of dentistry in this state who performs a dental laboratory service for compensation or an employee of the dentist or of the professional corporation or partnership in which the dentist is an officer, partner, or employee if the service is performed:
(A)  for a patient of the dentist or of the professional corporation or partnership in which the dentist is an officer, partner, or employee;  and
(B)  on the premises in which the dentist practices dentistry;  or
(3)  a manufacturer of materials or component parts, used in the fabrication of a dental prosthetic appliance and for sale or use by a dental laboratory, that are not directly fitted to a dental model or cast of the human teeth, gums, jaws, or alveolar process.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1240, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter C. Board Powers and Duties › Section 266.102. Board Powers and Duties

Sec. 266.102.  BOARD POWERS AND DUTIES.
(a)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(14), eff. September 1, 2017.
(b)  The board may adopt rules regarding dental laboratories in only the following areas:
(1)  processing registration applications;
(2)  prescribing:
(A)  requirements for registration;
(B)  the form and content of registration applications and other forms required to administer this chapter;
(C)  procedures for renewal of certificates of registration;  and
(D)  fees necessary to administer this chapter;
(3)  monitoring records necessary to administer this chapter;
(4)  establishing continuing education requirements for dental technicians employed by dental laboratories, including prescribing the content of continuing education courses;  and
(5)  regulating:
(A)  infection control;
(B)  shade-taking procedures authorized by a prescription from a licensed dentist;
(C)  computer-imaging procedures for an oral cavity authorized by a prescription from a licensed dentist;
(D)  referral of dental prescriptions to out-of-state laboratories to be filled;  and
(E)  the transportation and manufacture of dental prosthetic devices or other dental work performed by a dental laboratory located in another state or a foreign country for use in this state.
(c)  In prescribing the content of continuing education courses under Subsection (b)(4), the board shall require the course content to be at least as comprehensive as a course approved by a recognized board of certification for dental technology.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(14), eff. September 1, 2017.
(e)  The board shall provide annually to each dentist licensed in this state a list of dental laboratories registered under this chapter.  The list must include the expiration date of each laboratory's registration certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1240, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(14), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter D. Certification, Registration, and Renewal Requirements › Section 266.151. Registration Required

Sec. 266.151.  REGISTRATION REQUIRED.  (a)  In this section, "person" means an individual or a private legal entity, including a corporation, association, or partnership.
(b)  A person may not operate or offer to operate a dental laboratory or provide or offer to provide dental laboratory services unless the person holds a registration certificate issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter D. Certification, Registration, and Renewal Requirements › Section 266.152. Certified Dental Technician

Sec. 266.152.  CERTIFIED DENTAL TECHNICIAN.  (a)  A dental laboratory must have at least one dental technician working on the laboratory's premises who is certified by a recognized board of certification for dental technology.
(b)  A dental laboratory is exempt from Subsection (a) if the laboratory is:
(1)  owned by a licensed dentist engaged in the practice of dentistry in this state or by a professional corporation or partnership in which that dentist is an officer, partner, or employee;  and
(2)  located on the premises within which the dentist practices dentistry.
(c)  The exemption under Subsection (b) does not apply to a dental laboratory if the laboratory employs three or more dental technicians.
(d)  The owner of a dental laboratory registered with the board on September 1, 1987, is exempt from Subsection (a) if:
(1)  the registration of the laboratory has been timely renewed since that date, and all registration fees have been paid;
(2)  the beneficial ownership of at least 51 percent of the laboratory has not been transferred; and
(3)  the owner is employed on the laboratory's premises for not less than 30 hours each week.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.094(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1240, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 44, eff. September 1, 2017.