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AN ACT
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relating to the regulation of the practice of dentistry; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 258, Occupations Code, is |
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amended by adding Section 258.0511 to read as follows: |
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Sec. 258.0511. ACCESS TO DENTAL RECORDS. (a) An owner, |
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shareholder, partner, or executive officer of a clinic or other |
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entity that provides dental services for the public shall designate |
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a license holder as the dental custodian of records to provide |
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records to the board or a dentist who has provided dental treatment |
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and to comply with other law regulating dental patient records. |
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(b) On demand, the dental custodian of records shall give |
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access to the board and produce for the board all records or other |
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evidence related to the investigation or prosecution of an alleged |
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violation of this subtitle or another law regulating the practice |
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of dentistry in this state. |
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(c) The board shall adopt rules regarding the designation |
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and duties of a dental custodian of records. |
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(d) Section 264.101 applies to a violation of this section. |
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SECTION 2. Subchapter D, Chapter 264, Occupations Code, is |
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amended by adding Section 264.152 to read as follows: |
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Sec. 264.152. CRIMINAL PENALTY: DENTAL RECORDS ACCESS. |
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(a) A person commits an offense if the person violates Section |
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258.0511. |
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(b) Notwithstanding Section 264.151, an offense under this |
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section is a Class B misdemeanor. |
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(c) If it is shown at the trial of an offense under this |
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section that the defendant was previously convicted under this |
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section, the offense is a Class A misdemeanor. |
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SECTION 3. Chapter 254, Occupations Code, is amended by |
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adding Section 254.018 to read as follows: |
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Sec. 254.018. EXPERT TESTIMONY. A member of the board may |
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not serve as an expert witness in a suit involving a health care |
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liability claim against a dentist for injury to or death of a |
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patient unless the member receives approval from the board or an |
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executive committee of the board to serve as an expert witness. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3876 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3876 on May 24, 2007, by the following vote: Yeas 139, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3876 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |