reglab/housing_qa huggingface dataset:
TX Occ Code § 258.105 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter C. Dental Privilege|Section 258.105. Exception to Privilege for Certain Proceedings

Sec. 258.105.  EXCEPTION TO PRIVILEGE FOR CERTAIN PROCEEDINGS.  (a)  The privilege does not apply in a court or administrative proceeding if the proceeding is:(1)  brought by the patient against a dentist, including a malpractice, criminal, or license revocation proceeding, and the disclosure is relevant to a claim or defense of the dentist;  or(2)  to collect on a claim for dental services rendered to the patient.(b)  The privilege does not apply to the disclosure of a dental record:(1)  to the board in a disciplinary investigation or proceeding against a dentist conducted under this subtitle;  or(2)  in a criminal investigation or proceeding against a dentist in which the board is participating or assisting by providing a record obtained from the dentist.(c)  The board may not reveal the identity of a patient whose dental record is disclosed under Subsection (b).(d)  Privileged information is discoverable in a criminal prosecution if:(1)  the patient is a victim, witness, or defendant;  and(2)  the court in which the prosecution is pending rules, after an in camera review, that the information is relevant for discovery purposes.(e)  Privileged information is admissible in a criminal prosecution if:(1)  the patient is a victim, witness, or defendant;  and(2)  the court in which the prosecution is pending rules, after an in camera review, that the information is relevant.(f)  The privilege does not apply to a grand jury subpoena.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.|
TX Occ Code § 258.106 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter C. Dental Privilege|Section 258.106. Exception to Privilege for Certain Disclosures by Dentist

Sec. 258.106.  EXCEPTION TO PRIVILEGE FOR CERTAIN DISCLOSURES BY DENTIST.  (a)  The privilege does not apply to the disclosure of information by a dentist to:(1)  a governmental agency, if:(A)  the disclosure is required by another law;  and(B)  the agency agrees to keep confidential the identity of a patient whose dental record is disclosed;(2)  medical or law enforcement personnel, if the dentist determines that it is more likely than not that the following will occur:(A)  imminent physical injury to the patient, the dentist, or others;  or(B)  immediate mental or emotional injury to the patient;(3)  a person in relation to a management or financial audit, program evaluation, or research, if the person agrees to keep confidential the identity of a patient whose dental record is disclosed;(4)  a person involved in the payment or collection of fees for services rendered by a dentist, if necessary;  or(5)  another dentist, or a person under the direction of the dentist, who participates in the diagnosis, evaluation, or treatment of the patient.(b)  A person who receives information under Subsection (a)(3) may not disclose a patient's identity in writing.(c)  A record reflecting a charge or specific service provided may be disclosed only when necessary in the collection of fees for a service provided by a dentist, professional association, or other entity qualified to provide or arrange for a service.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.|
TX Occ Code § 258.107 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter C. Dental Privilege|Section 258.107. Exception to Privilege for Certain Legislative Inquiries

Sec. 258.107.  EXCEPTION TO PRIVILEGE FOR CERTAIN LEGISLATIVE INQUIRIES.  A state hospital or state school may disclose a dental record if:(1)  the state hospital or state school created the record;(2)  an inquiry authorized by the legislature requests the information;  and(3)  the entity receiving the record agrees not to disclose a patient's identity.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.|
TX Occ Code § 258.108 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter C. Dental Privilege|Section 258.108. Limit on Disclosure

Sec. 258.108.  LIMIT ON DISCLOSURE.  A person who receives privileged information may disclose the information to another person only to the extent consistent with the purpose for which the information was obtained.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.|
TX Occ Code § 258.109 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter C. Dental Privilege|Section 258.109. Request for Dental Record: Timing; Exception

Sec. 258.109.  REQUEST FOR DENTAL RECORD:  TIMING;  EXCEPTION.  (a)  If disclosure of a dental record is authorized under this subchapter, a dentist shall disclose the dental record within a reasonable period after it is requested but not later than:(1)  the 30th day after the date on which it is requested from the dentist;  or(2)  a date ordered by a court.(b)  A dentist may refuse to disclose the requested record if the dentist determines that providing the information would be harmful to the physical, mental, or emotional health of the patient, except that requests from the board may not be refused.  If the dentist determines that disclosing the record would be harmful, the dentist shall notify the person requesting the record and explain why the information would be harmful.  The person requesting the record may challenge in court the dentist's refusal to disclose the record.  If the court finds that the dentist made the refusal in bad faith, the court may order the disclosure of the record and award costs and attorney's fees incurred by the person to obtain the information.(c)  In disclosing a dental record under this section, a dentist shall redact privileged information about another person.(d)  A dentist may charge a reasonable fee for providing a dental record under this section.  For purposes of this subsection, a fee established under Section 241.154, Health and Safety Code, is a reasonable fee.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.|
TX Occ Code § 258.151 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.151. Definitions

Sec. 258.151.  DEFINITIONS.  In this subchapter:(1)  "High-risk patient" means a patient who has a level 3 or 4 classification according to the American Society of Anesthesiologists Physical Status Classification System.(2)  "Pediatric patient" means a patient younger than 13 years of age.|Added by Acts 2001, 77th Leg., ch. 349, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 22, eff. September 1, 2017.|
TX Occ Code § 258.152 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.152. Applicability

Sec. 258.152.  APPLICABILITY.  Rules adopted by the board under this subchapter do not apply to:(1)  the regional injection of an anesthetic to reduce or eliminate sensation, especially pain, in one part of the body;  or(2)  the administration of anxiolytics and analgesics that are not being used in conjunction with the administration of nitrous oxide and that are administered in doses that do not have the probability of placing the dental patient at risk for loss of the dental patient's life-preserving protective reflexes.|Added by Acts 2001, 77th Leg., ch. 349, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 258.153 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.153. Rules

Sec. 258.153.  RULES.  (a)  The board shall adopt rules to administer this subchapter, including rules to establish the minimum standards for the administration of anesthesia by a dentist.(b)  The rules must be designed to protect the health, safety, and welfare of the public and must include requirements relating to:(1)  for each type of permit held, the methods that may be used to administer an anesthetic and the anesthetic agents that may be used;(2)  dental patient evaluation, diagnosis, counseling, and preparation;(3)  dental patient monitoring to be performed and equipment to be used during a procedure and during postprocedure monitoring;(4)  emergency procedures, drugs, and equipment, including education, training, and certification of personnel, as appropriate, and including protocols for transfers to a hospital;(5)  the documentation necessary to demonstrate compliance with this subchapter;(6)  the period in which protocols or procedures covered by rules of the board shall be reviewed, updated, or amended; and(7)  the minimum components required to be included in a preoperative checklist to be used before administering anesthesia to a patient and retained in the patient's dental record.|Added by Acts 2001, 77th Leg., ch. 349, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 23, eff. September 1, 2017.|
TX Occ Code § 258.154 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.154. Compliance With Anesthesia Rules

Sec. 258.154.  COMPLIANCE WITH ANESTHESIA RULES.  (a)  A dentist who practices dentistry in this state and who administers anesthesia or performs a procedure for which anesthesia is administered shall comply with the rules adopted under this subchapter.(b)  The board may require a dentist to submit and comply with a corrective action plan to remedy or address any current or potential deficiencies with the dentist's administration of anesthesia in accordance with this subtitle or rules of the board.|Added by Acts 2001, 77th Leg., ch. 349, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 23, eff. September 1, 2017.|
TX Occ Code § 258.155 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.155. Permit Required

Sec. 258.155.  PERMIT REQUIRED.  (a)  The board shall issue permits to administer anesthesia in the following categories based on the extent to which the intended procedure will alter the patient's mental status and the method of anesthetic delivery:(1)  nitrous oxide;(2)  level 1:  minimal sedation;(3)  level 2:  moderate sedation (enteral administration);(4)  level 3:  moderate sedation (parenteral administration); and(5)  level 4:  deep sedation or general anesthesia.(b)  A dentist may not administer anesthesia unless the dentist obtains the appropriate permit issued under this section.(c)  The board shall set and impose a fee for issuance of a permit in an amount designed to recover the costs of regulating a permit holder under this subchapter.(d)  The board shall coordinate the times at which a permit must be renewed with the times at which a dentist's license must be renewed under Chapter 257 so that the times of registration, payment, notice, and imposition of penalties for late payment are similar and provide a minimum of administrative burden to the board and to dentists.|Added by Acts 2001, 77th Leg., ch. 349, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 23, eff. March 1, 2018.|
TX Occ Code § 258.1551 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.1551. Permit Qualifications

Sec. 258.1551.  PERMIT QUALIFICATIONS.  (a)  The board by rule shall establish the qualifications to obtain each permit described by Section 258.155, including the education and training required to obtain the permit.(b)  The rules adopted under Subsection (a) must require an applicant for a level 2, level 3, or level 4 permit to complete training on:(1)  pre-procedural patient evaluation, including the evaluation of a patient's airway and physical status as classified by the American Society of Anesthesiologists;(2)  the continuous monitoring of a patient's level of sedation during the administration of anesthesia; and(3)  the management of emergency situations.|Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 24, eff. September 1, 2017.|
TX Occ Code § 258.1552 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.1552. Jurisprudence Examination

Sec. 258.1552.  JURISPRUDENCE EXAMINATION.  (a)  The board shall develop and administer an online jurisprudence examination to determine a permit holder's knowledge of this subchapter, board rules, and other applicable laws of this state relating to the administration of anesthesia.(b)  A permit holder must pass the online jurisprudence examination developed by the board once every five years.|Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 24, eff. September 1, 2017.|
TX Occ Code § 258.1553 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.1553. Portability of Anesthesia Services

Sec. 258.1553.  PORTABILITY OF ANESTHESIA SERVICES.  The board by rule shall require a dentist who applies for the issuance or renewal of a permit under this subchapter to include in the application a statement indicating whether the dentist provides or will provide a permitted anesthesia service in more than one location.|Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 24, eff. September 1, 2017.|
TX Occ Code § 258.1554 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.1554. Administration of Anesthesia to Certain Patients

Sec. 258.1554.  ADMINISTRATION OF ANESTHESIA TO CERTAIN PATIENTS.  (a)  A permit holder under this subchapter may not administer anesthesia under a level 2, level 3, or level 4 permit to a pediatric or high-risk patient unless the permit holder has:(1)  demonstrated to the satisfaction of the board that the permit holder has advanced didactic and clinical training; and(2)  obtained authorization from the board under this section.(b)  The board by rule may establish limitations on the administration of anesthesia by a permit holder to a pediatric or high-risk patient.|Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 24, eff. March 1, 2018.|
TX Occ Code § 258.1555 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.1555. Capnography Required for Certain Anesthesia Services

Sec. 258.1555.  CAPNOGRAPHY REQUIRED FOR CERTAIN ANESTHESIA SERVICES.  A permit holder who is administering anesthesia for which a level 4 permit is required shall use capnography during the administration of anesthesia.|Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 24, eff. September 1, 2017.|
TX Occ Code § 258.1556 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.1556. Minimum Emergency Preparedness Standards

Sec. 258.1556.  MINIMUM EMERGENCY PREPAREDNESS STANDARDS.  (a)  The board shall adopt rules to establish minimum emergency preparedness standards and requirements for the administration of anesthesia under a permit issued under this subchapter.  The rules must require a permit holder to:(1)  have available at any time the permit holder administers anesthesia:(A)  an adequate and unexpired supply of drugs and anesthetic agents necessary for the safe administration of anesthesia; and(B)  an automated external defibrillator, as defined by Section 779.001, Health and Safety Code;(2)  conduct periodic inspections of the permit holder's equipment in the manner and on the schedule determined by the board;(3)  maintain and make available to the board on request an equipment readiness log; and(4)  develop and annually update written policies, procedures, and training requirements, specific to the permit holder's equipment and drugs, for responding to emergency situations involving anesthesia.(b)  Rules adopted under Subsection (a)(4) must require a holder of a level 2, level 3, or level 4 permit to develop policies and procedures that include:(1)  advanced cardiac life support rescue protocols;(2)  advanced airway management techniques; and(3)  if the permit holder is authorized to administer anesthesia to pediatric patients, pediatric advanced life support rescue protocols.|Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 24, eff. September 1, 2017.|
TX Occ Code § 258.1557 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.1557. Emergency Preparedness Protocols

Sec. 258.1557.  EMERGENCY PREPAREDNESS PROTOCOLS.  (a)  A permit holder shall develop emergency preparedness protocols, specific to the permit holder's practice setting, that establish a plan for the management of medical emergencies in each practice setting in which the dentist administers anesthesia.(b)  The board shall adopt rules prescribing the content that a permit holder must include in the emergency preparedness protocols developed under Subsection (a).  The rules must require a permit holder to include in the permit holder's emergency preparedness protocols the written policies, procedures, and training requirements described by Section 258.1556(a)(4).|Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 24, eff. September 1, 2017.|
TX Occ Code § 258.156 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.156. Inspections

Sec. 258.156.  INSPECTIONS.  (a)  Except as provided by Subsection (h), the board may conduct inspections of a dentist who applies for or holds a permit issued under this subchapter as necessary to enforce this subchapter, including inspections of an office site, equipment, a facility, and any document of the dentist.  During an inspection under this section, the board may evaluate a dentist's competency in the administration of anesthesia.(b)  The board shall conduct an inspection with respect to a dentist who holds a level 2, level 3, or level 4 permit not later than the first anniversary of the date the permit is issued.(c)  The board by rule shall adopt a risk-based inspection policy for conducting inspections under this section.  The policy must require the board to take into consideration any previous disciplinary action taken against a permit holder for an anesthesia-related violation when determining whether an inspection is necessary.(d)  The board may contract with another state agency or qualified person to conduct these inspections.(e)  The board is not required to give notice before conducting an inspection under this section.(f)  The board shall maintain records of inspections conducted under this section.(g)  The board by rule may establish education and training requirements for inspectors who conduct inspections under this section.(h)  The board may not conduct an inspection under this section with respect to a dentist who administers anesthesia exclusively in a state-licensed hospital or state-licensed ambulatory surgical center.  The board may by rule except from inspection under this section a dentist who administers anesthesia exclusively in any other facility that is subject to inspection by the Department of State Health Services or an accrediting body under state law.  The board retains all other authority provided by this subtitle over a dentist described by this subsection.|Added by Acts 2001, 77th Leg., ch. 349, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 25, eff. March 1, 2018.|
TX Occ Code § 258.157 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter D. Administration of Anesthesia|Section 258.157. Requests for Inspection and Advisory Opinion

Sec. 258.157.  REQUESTS FOR INSPECTION AND ADVISORY OPINION.  (a)  The board may consider a request by a dentist for an on-site inspection.  The board may, in its discretion and on payment of a fee in an amount established by the board, conduct the inspection and issue an advisory opinion.(b)  An advisory opinion issued by the board under this section is not binding on the board, and the board, except as provided by Subsection (c), may take any action under this subtitle in relation to the situation addressed by the advisory opinion that the board considers appropriate.(c)  A dentist who requests and relies on an advisory opinion of the board may use the opinion as mitigating evidence in an action or proceeding to impose an administrative or civil penalty under this subtitle.  The board or court, as appropriate, shall take proof of reliance on an advisory opinion into consideration and mitigate the imposition of administrative or civil penalties accordingly.|Added by Acts 2001, 77th Leg., ch. 349, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 258.201 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter E. Advisory Committee on Dental Anesthesia|Section 258.201. Definition

Sec. 258.201.  DEFINITION.  In this subchapter, "health care provider" means a person who provides services under a license, certificate, registration, or other authority issued by this state or another state to diagnose, prevent, alleviate, or cure a human illness or injury.|Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 26, eff. September 1, 2017.|
TX Occ Code § 258.202 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle D - Dentistry|Chapter 258 - Practice by Dentist|Subchapter E. Advisory Committee on Dental Anesthesia|Section 258.202. Advisory Committee

Sec. 258.202.  ADVISORY COMMITTEE.  (a)  The board shall establish an advisory committee to analyze and report on data and associated trends concerning anesthesia-related deaths or incidents as provided by this subchapter.  The advisory committee consists of six members appointed by the board in the manner provided by Section 258.203 and must include:(1)  a general dentist;(2)  a dentist anesthesiologist;(3)  an oral and maxillofacial surgeon;(4)  a pediatric dentist;(5)  a physician anesthesiologist; and(6)  a periodontist.(b)  In appointing members to the advisory committee, the board shall maintain a balanced representation of general dentists and specialists to ensure the advisory committee has expertise with respect to each permit category.(c)  A board member may not serve as a member of the advisory committee.  A former board member may not be appointed to the advisory committee until the second anniversary of the expiration of the member's term on the board.(d)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory committee.|Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 26, eff. September 1, 2017.|