Bill Text: TX SB519 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the registration of dental support organizations; imposing a fee; requiring an occupational registration; providing a civil penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-16 - Effective on 9/1/15 [SB519 Detail]
Download: Texas-2015-SB519-Enrolled.html
S.B. No. 519 |
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relating to the registration of dental support organizations; | ||
imposing a fee; requiring an occupational registration; providing a | ||
civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 5, Business & Commerce Code, is | ||
amended by adding Chapter 73 to read as follows: | ||
CHAPTER 73. REGISTRATION OF DENTAL SUPPORT ORGANIZATIONS | ||
Sec. 73.001. DEFINITIONS. In this chapter: | ||
(1) "Business support services" means business, | ||
management, consulting, or administrative services, facilities, or | ||
staff provided for a dentist, including: | ||
(A) office space, furnishings, and equipment; | ||
(B) staff employed by the dental support | ||
organization; | ||
(C) regulatory compliance; | ||
(D) inventory or supplies, including dental | ||
equipment and supplies; | ||
(E) information systems; | ||
(F) marketing and advertising; | ||
(G) financial services; | ||
(H) accounting, bookkeeping, or monitoring or | ||
payment of accounts receivable; | ||
(I) payroll or benefits administration; | ||
(J) billing and collection for services and | ||
products; | ||
(K) reporting and payment of federal or state | ||
taxes; | ||
(L) administration of interest expense or | ||
indebtedness incurred to finance the operation of a business; or | ||
(M) insurance services. | ||
(2) "Dental support organization" means an entity | ||
that, under an agreement, provides two or more business support | ||
services to a dentist. | ||
(3) "Dentist" means an individual licensed to practice | ||
dentistry in this state. | ||
Sec. 73.002. REGISTRATION REQUIRED. (a) A dental support | ||
organization shall annually register with the secretary of state. | ||
(b) A dental support organization's registration under this | ||
section is considered registration of any subsidiary, contractor, | ||
or affiliate of the dental support organization through or with | ||
which the dental support organization provides business support | ||
services. | ||
Sec. 73.003. EXEMPTIONS. This chapter does not require | ||
registration by: | ||
(1) an accountant providing only accounting services; | ||
(2) an attorney providing only legal counsel; | ||
(3) an insurance company or insurance agent providing | ||
only insurance policies to a business; and | ||
(4) entities providing only investment and financial | ||
advisory services. | ||
Sec. 73.004. CONTENTS OF REGISTRATION; FEE. (a) The | ||
registration required by Section 73.002 must include: | ||
(1) the name and business address of the dental | ||
support organization; | ||
(2) the name and business address of each dentist in | ||
this state with which the dental support organization has entered | ||
into an agreement to provide two or more business support services; | ||
(3) the name of each dentist who owns 10 percent or | ||
more of the dental support organization; | ||
(4) the name of each person who is not a dentist and | ||
owns 10 percent or more of the dental support organization; and | ||
(5) a list of all business support services provided | ||
to each dentist. | ||
(b) A registration and each corrected registration must be | ||
accompanied by a fee set by the secretary of state in an amount | ||
necessary to recover the costs of administering this chapter. | ||
(c) A registration or corrected registration is not | ||
effective until the dental support organization pays the fee | ||
required by this section. | ||
Sec. 73.005. TIMING OF REGISTRATION; CORRECTION REQUIRED. | ||
(a) Except as provided by Subsection (b), the registration | ||
required by Section 73.002 must be filed with the secretary of state | ||
not later than January 31 of each year for which the registration is | ||
effective. | ||
(b) A dental support organization that initially meets the | ||
requirement for registration under Section 73.002 after January 31 | ||
shall file the registration required by that section not later than | ||
the 90th day after the date an agreement to provide business support | ||
services is executed. | ||
(c) A dental support organization shall file a corrected | ||
registration each quarter as necessary. | ||
Sec. 73.006. FAILURE TO FILE REGISTRATION OR CORRECTION. | ||
(a) A person who fails to file a registration or a corrected | ||
registration as required by this chapter is liable to the state for | ||
a civil penalty in an amount not to exceed $1,000. | ||
(b) Each day a violation continues or occurs is a separate | ||
violation for the purpose of imposing the civil penalty. | ||
(c) The attorney general shall file suit to collect the | ||
civil penalty provided by this section. The suit may be filed in | ||
Travis County or any county where the dental support organization | ||
provides business support services. | ||
Sec. 73.007. INTERAGENCY MEMORANDUM. The secretary of | ||
state and the State Board of Dental Examiners shall enter into an | ||
interagency memorandum to share the information collected by the | ||
secretary of state under this chapter with the board. | ||
Sec. 73.008. APPLICABILITY. This chapter does not limit | ||
nonclinical business support services that may be provided to a | ||
dentist by a dental support organization. | ||
SECTION 2. Sections 254.019(a), (b), and (c), Occupations | ||
Code, are amended to read as follows: | ||
(a) In this section: | ||
(1) "Business support services" has the meaning | ||
assigned by Section 73.001, Business & Commerce Code [ |
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(2) "Dental support [ |
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meaning assigned by Section 73.001, Business & Commerce Code [ |
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(b) The board shall collect the following information from | ||
dentists licensed by the board in conjunction with the issuance and | ||
renewal of each dental license: | ||
(1) the number and type of dentists employed by the | ||
license holder, if any; | ||
(2) the name under which the license holder provides | ||
dental services and each location at which those services are | ||
provided by that license holder; | ||
(3) whether the license holder is a participating | ||
provider under the Medicaid program operated under Chapter 32, | ||
Human Resources Code, or the child health plan program operated | ||
under Chapter 62, Health and Safety Code; | ||
(4) whether the license holder [ |
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contracts or enters into an agreement for business support services | ||
with a dental support [ |
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and address of the dental support [ |
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(5) whether the license holder owns all or part of a | ||
dental support [ |
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address of the dental support [ |
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dental office at which the dental support [ |
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provides services to patients; | ||
(6) whether the license holder is a party to a dental | ||
support [ |
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dental support [ |
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the agreement; and | ||
(7) if the license holder owns all or part of a dental | ||
support [ |
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and, if so, the name and address of the dental support [ |
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organization that provides services under the agreement. | ||
(c) If requested by the board, a dental support [ |
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organization shall provide to the board the address of the | ||
locations where the organization provides business support | ||
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providing dental services at each location. | ||
SECTION 3. Notwithstanding Section 73.002, Business & | ||
Commerce Code, as added by this Act, a dental support organization | ||
is not required to register under that section before February 1, | ||
2016. | ||
SECTION 4. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 519 passed the Senate on | ||
April 1, 2015, by the following vote: Yeas 26, Nays 4. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 519 passed the House on | ||
May 23, 2015, by the following vote: Yeas 94, Nays 48, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |