reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.5 - Peer Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) During the
				investigation of a complaint, the Enforcement Committee may order the outside
				peer review of a licensee's standard of patient care or billing
				practices.
(b) To qualify as a peer
				reviewer, a person shall:
(1) have an active
				license with the Board or appropriate professional credentials;
(2) have no prior violations of Board
				statutes or rules;
(3) have no open
				complaints;
(4) have no felony
				convictions or misdemeanor convictions for a crime of moral
				turpitude;
(5) show sufficient
				training or experience to offer an informed opinion;
(6) show knowledge of accepted standards of
				chiropractic care in Texas or other professional standards related to the
				alleged violation; and
(7) have an
				acceptable malpractice complaint history.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.6 - Undercover Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				shall permit undercover investigations only when other investigative techniques
				have failed or are not appropriate.
(b) If an undercover investigation is needed,
				a Board investigator shall submit to the Enforcement Committee a written
				request containing:
(1) the specific
				complaint;
(2) the information
				which the investigator believes an undercover investigation may
				reveal;
(3) the relevance of the
				information;
(4) why other
				techniques have not been successful or are not appropriate; and
(5) the investigative acts to be
				performed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.7 - Cease and Desist Orders

Current through Reg. 49, No. 28; July 12, 2024
The Board delegates authority to the Enforcement Committee
				  to issue cease and desist orders against individuals practicing chiropractic
				  without a license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.8 - Board Member and Staff Initiated Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) A Board member
				or staff shall notify the Board's executive director in writing of any
				potential violation by an individual of a statute or rule under the Board's
				jurisdiction.
(b) The executive
				director shall evaluate the written statement (and any supporting evidence) of
				the Board member or staff about the potential violation within five days of
				receipt.
(c) If the executive
				director determines there is sufficient grounds to begin a formal complaint,
				the executive director shall forward the written statement (and any supporting
				evidence) to the Board's director of enforcement with instructions to open an
				investigation.
(d) The director of
				enforcement shall name both the executive director and the Board member or
				staff as the complainant in an investigation opened under this
				section.
(e) A Board member who
				initiates a complaint under this section shall recuse himself from any
				consideration of the complaint by the Board.
(f) A Board member or staff who initiated a
				complaint under this section shall respond to a request for additional
				information by a Board investigator or the Enforcement Committee only in
				writing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.9 - Temporary License Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Enforcement Committee may temporarily suspend a license if the committee
				reasonably believes a licensee is a continuing or imminent threat to the
				public.
(b) The Board delegates
				authority to the executive director to sign temporary suspension orders on
				behalf of the Enforcement Committee after the committee votes to suspend a
				license.
(c) The Enforcement
				Committee may dissolve a previously-issued temporary suspension order at any
				time.
(d) A temporary suspension
				may occur without notice if a hearing on the suspension is scheduled at the
				State Office of Administrative Hearings (SOAH) not later than the 14th day
				after the date of suspension.
(e)
				At the 14-day hearing, the only issue is whether the temporary suspension
				should remain in effect.
(f) If the
				SOAH administrative law judge (ALJ) finds the Board has reasonable information
				that the licensee is a continuing or imminent threat to the public, the ALJ
				shall issue an order to keep the temporary suspension in effect pending the
				initiation of disciplinary proceedings against the licensee.
(g) A second hearing on the suspension shall
				be held not later than the 60th day after the date the suspension was
				ordered.
(h) The 60-day hearing
				shall determine only whether the suspension shall remain in effect pending the
				final determination of disciplinary proceedings against the licensee.
(i) If the 60-day hearing is not timely held,
				the suspension is dissolved.
(j) A
				temporary suspension shall automatically dissolve on the 61st day after the
				date the suspension was ordered if the Board has not served a notice of hearing
				for disciplinary action against the licensee for acts that were the basis for
				the suspension.
(k) The Board shall
				notify a licensee of a suspension by certified mail, regular mail, and
				email.
(l) A licensee may waive the
				14-day or 60-day hearings.
(m) A
				licensee may not practice chiropractic during a temporary suspension.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.10 - Time Limits for Filing a Complaint

Current through Reg. 49, No. 28; July 12, 2024
The Board may dismiss a complaint alleging only a violation
				  of a Board rule if the acts forming the basis for the complaint occurred more
				  than 6 years before the date the complaint was filed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.11 - Informal Settlement Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a)
				After following the provisions of §
									80.2 of this
				title (relating to Complaint Procedures), the Enforcement Committee may invite
				a licensee to attend an informal conference to seek to settle a
				complaint.
(b) The Enforcement
				Committee shall notify a licensee of an invitation to attend an informal
				conference as part of a notice of violation through regular mail and
				email.
(c) A licensee shall respond
				in writing to the Enforcement Committee's notice of violation and invitation
				within 20 days from the date it was sent by the Board.
(d) Board staff shall docket a contested case
				with the State Office Administrative Hearings (SOAH) against the licensee if
				the licensee fails to respond or declines the notice of violation and
				invitation.
(e) The Enforcement
				Committee may withdraw an invitation to an informal conference at any time.
(f) The Enforcement Committee may
				invite a complainant to attend an informal conference.
(g) In its discretion, the Enforcement
				Committee may hold an informal conference in-person, or by telephone, video
				conference, or any other electronic means.
(h) The chairman of the Enforcement Committee
				may select one or more members of the committee to hold the informal
				conference.
(i) A staff attorney
				shall attend all informal conferences.
(j) A licensee may be represented by an
				attorney.
(k) After the conclusion
				of the informal conference, the Enforcement Committee may:
(1) dismiss the complaint;
(2) direct staff to further investigate the
				complaint;
(3) modify the original
				notice of violation; or
(4) direct
				staff to docket a contested case with SOAH.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 80 - COMPLAINTS › Section 80.12 - Retention of Complaint Records

Current through Reg. 49, No. 28; July 12, 2024
The Board shall maintain all information concerning
				  complaints in accordance with the agency's current records retention schedule
				  as approved by the Texas State Library and Archives
				  Commission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 81 - ENFORCEMENT ACTIONS AND HEARINGS › Section 81.2 - Notice for Enforcement and Other Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall file a docket request
				with the State Office of Administrative Hearings (SOAH) for any enforcement or
				other case requiring a formal hearing.
(b) All hearings shall be conducted in
				accordance with the Administrative Procedures Act (Texas Government Code
				Chapter 2001) and SOAH's rules of procedures (1 Texas Administrative Code
				Chapter 155).
(c) In an enforcement
				case where the Board has the burden of proof, the Board is the petitioner and
				the licensee or other person against whom a complaint has been filed is the
				respondent.
(d) In a case where the
				Board does not have the burden of proof, the licensee or other person is the
				petitioner and the Board is the respondent.
(e) The Board shall provide notice to a
				respondent not less than 10 days before the hearing.
(f) The notice shall contain a citation to 1
				Texas Administrative Code Chapter 155 and include:
(1) a statement of the time, place, and
				nature of the hearing;
(2) a
				statement of the legal authority and jurisdiction under which the hearing is
				being held;
(3) a reference to the
				specific sections of Texas Occupations Code Chapter 201, Board rules (22 Texas
				Administrative Code Chapters 71 - 82), or other law or rules which the
				respondent is alleged to have violated; and
(4) a statement of the alleged acts relied on
				by the Board as a violation of the law and rules.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 81 - ENFORCEMENT ACTIONS AND HEARINGS › Section 81.5 - Appearance

Current through Reg. 49, No. 28; July 12, 2024
(a) A respondent shall enter an appearance by
				filing a written answer or other pleading with the State Office of
				Administrative Hearings, with a copy to the Board, within 20 days of the date
				on which the notice of hearing and formal complaint was served.
(b) A respondent's failure to timely enter an
				appearance shall entitle the Board to a continuance at the hearing.
(c) The notice of hearing must contain the
				following in capital letters in 10-point boldface type: FAILURE TO ENTER AN
				APPEARANCE BY FILING A WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING TO THE
				NOTICE OF HEARING AND FORMAL COMPLAINT WITHIN 20 DAYS OF THE DATE THIS NOTICE
				WAS MAILED SHALL ENTITLE THE BOARD TO A CONTINUANCE AT THE TIME OF THE
				HEARING.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 81 - ENFORCEMENT ACTIONS AND HEARINGS › Section 81.6 - Default Judgment

Current through Reg. 49, No. 28; July 12, 2024
(a) If a respondent
				fails to appear on the day and time set for the hearing, regardless of whether
				an appearance has been entered, the Administrative Law Judge, on the Board's
				motion and adequate proof of proper notice having been served on the
				respondent, shall enter a default judgment against the respondent.
(b) A default judgment will be entered based
				on the factual allegations in the notice of hearing and upon proof of proper
				notice to the respondent.
(c) In
				order for a default judgment to be entered, the notice of hearing shall include
				the following in capital letters in 12-point boldface type: FAILURE TO APPEAR
				AT THE HEARING IN PERSON OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER AN
				APPEARANCE HAS BEEN ENTERED, WILL RESULT IN THE FACTUAL ALLEGATIONS CONTAINED
				IN THE NOTICE OF HEARING BEING ADMITTED AS TRUE AND THE PROPOSED RELIEF
				REQUESTED BY THE BOARD SHALL BE GRANTED BY DEFAULT.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 81 - ENFORCEMENT ACTIONS AND HEARINGS › Section 81.7 - Depositions, Subpoenas, and Witness Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) On the written request of any party, the
				executive director may issue a commission for a deposition or a subpoena to
				require the attendance of witnesses or the production of tangible items in a
				contested case.
(b) If the
				commission or subpoena is for a witness to attend a deposition or a hearing,
				the written request shall contain the name and address of the witness and the
				date and location where the witness must appear.
(c) If the subpoena is for the production of
				tangible items, the written request shall contain a description of the items,
				the name and address of the person who has custody of the items, and the date
				and location where they must be produced.
(d) Each subpoena request shall contain a
				statement why it should be issued.
(e) The executive director shall issue a
				subpoena if there is good cause.
(f) The executive director, with the
				Enforcement Committee's approval, may issue a commission or subpoena before
				filing a formal complaint if it is necessary to preserve evidence and testimony
				or to investigate any potential violations of the law or Board rules.
(g) A witness who is not a party and who is
				subpoenaed to appear at a deposition or hearing is entitled to reimbursement
				for expenses in accordance with Texas Government Code § 2001.103, or the
				State of Texas Travel Allowance Guide, whichever is greater.
(h) A party requesting a commission or
				subpoena shall deposit funds with the Boards sufficient to cover the
				anticipated expenses for complying with the subpoena.
(i) The executive director may not issue a
				party's subpoena or commission until sufficient funds are deposited.
(j) A witness shall be reimbursed if the
				witness submits valid receipts.
(k)
				The Board shall return all unused funds to the party who deposited
				them.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 81 - ENFORCEMENT ACTIONS AND HEARINGS › Section 81.8 - Hearing Exhibits and Record

Current through Reg. 49, No. 28; July 12, 2024
(a) Every hearing
				shall be recorded by a court reporter unless the parties agree otherwise and
				not required by the State Office of Administrative Hearings (SOAH)
				rules.
(b) The party requesting a
				transcript shall pay the cost of the transcript.
(c) A party who appeals a final Board
				decision shall pay the preparation costs of the original and any certified copy
				of the record required to be transmitted to the reviewing court.
(d) The record shall include:
(1) all pleadings filed with the Board or the
				Administrative Law Judge (ALJ);
(2) all exhibits admitted by the
				ALJ;
(3) a statement of the matters
				officially noticed;
(4) questions
				and offers of proof, objections, and rulings;
(5) the ALJ's Proposal for
				Decision;
(6) all written rulings
				or orders by the ALJ;
(7) all
				correspondence filed with the ALJ;
(8) the transcribed statement of facts;
				and
(9) the Board's final order.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 81 - ENFORCEMENT ACTIONS AND HEARINGS › Section 81.9 - Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) After the
				conclusion of the hearing, the Administrative Law Judge (ALJ) shall prepare and
				serve on the parties a proposal for decision (PFD) that includes the ALJ's
				findings of fact and conclusions of law.
(b) In the PFD, the ALJ may recommend an
				appropriate disciplinary sanction, either that sought by the Board or another
				sanction, in accordance with Board rules if the ALJ found a violation of
				statutes or rules under the Board's jurisdiction.
(c) Any party adversely affected by the PFD
				may file exceptions and a supporting brief to the ALJ within 15 days after the
				PFD's date of service.
(d) The
				other party may file a response to exceptions within 15 days of the filing of
				exceptions.
(e) All parties shall
				also serve exceptions and response on the opposing party.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 81 - ENFORCEMENT ACTIONS AND HEARINGS › Section 81.10 - Final Board Order

Current through Reg. 49, No. 28; July 12, 2024
(a) Proposals for
				decision (PFD), final Board orders, and motions for rehearing are governed by
				Texas Government Code Chapter 2001.
(b) The Board shall render the final decision
				in all cases.
(c) The Board's final
				order shall be written.
(d) A party
				may submit to the Board a proposed final order based on the Administrative Law
				Judge's (ALJ) PFD.
(e) The Board
				shall determine the form and content of any final order.
(f) The Board may act on the PFD after the
				10th business day after the filing of replies to exceptions to the
				PFD.
(g) The Board may change
				recommended findings of fact or conclusions of law in a PFD or vacate or modify
				an order issued by an ALJ if the Board finds:
(1) the ALJ did not properly apply or
				interpret applicable law or rules, board policies, or prior administrative
				decisions;
(2) a prior
				administrative decision by the Board on which the ALJ relied is incorrect or
				should be changed; or
(3) a
				technical error in a finding of fact should be changed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 82 - INTERNAL BOARD PROCEDURES › Section 82.1 - Dual Office Holding

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				Texas Government Code Chapter 574 (regarding Dual Office Holding), an employee
				of the Board who is a non-elective state officer may not accept an offer to
				serve in another non-elective office unless the officer obtains from the Board
				a finding that the officer has satisfied Article XVI, Section 40, of the Texas
				Constitution.
(b) The minutes of
				the Board meeting will include the finding that was made and any compensation
				that the non-elective officer is to receive from holding the additional office,
				including salary, bonus, or per diem payment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 82 - INTERNAL BOARD PROCEDURES › Section 82.2 - Merit Selection Principles

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				Texas Government Code Chapter 655 (regarding Merit Selection Principles), the
				following principles will be effective if the Board becomes required by federal
				law or regulation to use a merit system of personnel administration for the
				Board or for a program administered under the Board.
(b) The Board shall establish policies and
				procedures to ensure compliance with the federal requirements; and the
				recruitment, selection, and advancement of highly competent Board
				personnel.
(c) The Board shall
				ensure that it:
(1) recruits, selects, and
				promotes its employees according to the relative abilities, knowledge, and
				skills of the applicants or employees;
(2) provides equitable and adequate
				compensation to an employee;
(3)
				provides any employee training necessary to ensure performance of a high
				quality;
(4) uses the adequacy of
				an employee's job performance to determine whether the employee will be
				retained;
(5) treats a job
				applicant or employee fairly in all aspects of personnel
				administration;
(6) complies fully
				with state and federal equal opportunity and nondiscrimination laws;
(7) protects an employee against coercion for
				partisan political purposes and prohibits the employee from using employment
				status to interfere with or affect the result of an election or nomination for
				office; and
(8) implements any
				additional merit principles required by federal law or regulation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 82 - INTERNAL BOARD PROCEDURES › Section 82.3 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				Government Code Chapter 661, Subchapter A (regarding Sick Leave Pool), the
				Board authorizes a sick leave pool program to allow a Board employee to
				voluntarily transfer earned sick leave to a pool for use by other
				employees.
(b) The executive
				director or designee shall administer the sick leave pool.
(c) The prescribed procedures relating to the
				operation of the sick leave pool will be itemized in the Board's
Employee Handbook.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 82 - INTERNAL BOARD PROCEDURES › Section 82.4 - Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				establishes a family leave pool in accordance with Government Code §§
				661.021 - 661.028.
(b) The Board's
				executive director shall administer the family leave pool.
(c) The executive director shall develop and
				prescribe operating procedures for the family leave pool and include them in
				the agency's personnel manual.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 82 - INTERNAL BOARD PROCEDURES › Section 82.5 - Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Contract
				monitoring, when applicable, is primarily conducted by the administrative staff
				of the Board under the authority and direction of Government Code §
									2261.202.
(b) The Board's chief financial officer is
				responsible for maintaining a record of contracts requiring enhanced contract
				or performance monitoring, as defined in Government Code §
									2261.253,
				for submission to the Board.
(c)
				The Board's chief financial officer shall immediately notify the Board or the
				executive director, as appropriate, of any serious issue or risk that is
				identified with respect to a contract monitored under subsection (c) of
				Government Code §
									2261.253.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 82 - INTERNAL BOARD PROCEDURES › Section 82.6 - Tuition Reimbursement Payments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Pursuant to Texas Government Code Chapter 656 (regarding Job Notices and
				Training), the Board may spend public funds as appropriate to pay the salary,
				tuition and other fees, travel and living expenses, training stipend, expense
				of training materials, and other necessary expenses of an instructor, student
				or other participant in a training or education program.
(b) An administrator or employee of the Board
				may seek reimbursement for a training or education program offered by an
				institution of higher education or private or independent institution of higher
				education as defined by §
									61.003 of the Texas
				Education Code. Such reimbursement shall be conditioned upon the successful
				completion by the administrator or employee of the program course at an
				accredited institution of higher education.
(c) Reimbursement tuition payments must be
				authorized by the Board's executive director prior to the disbursement of
				payment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 3 - TEXAS BOARD OF CHIROPRACTIC EXAMINERS › Chapter 82 - INTERNAL BOARD PROCEDURES › Section 82.7 - Employee Equity Salary Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				Senate Bill 1 (General Appropriations Act), Article IX, Section 3.07 (87th
				Legislature - Regular Session, 2021) or successor provisions, the Board's
				executive director may adjust the salary rate of an employee whose position is
				classified under the position classification plan to any rate within the
				employee's salary group range as necessary to maintain desirable salary
				relationships:
(1) between and among
				employees of the Board; or
(2)
				between employees of the Board and employees who hold similar positions in the
				relevant labor market.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.1 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) Name. The State Board of Dental
				Examiners, referred to as the "board," is a decision-making board appointed by
				the governor of the State of Texas in compliance with Chapter 252 of the
				Occupations Code, and the Texas Constitution.
(b) Location. The administrative offices
				shall be located in Austin, Texas.
(c) Legal authority. The board is established
				pursuant to Occupations Code, Chapter 252.
(d) Composition. The board shall be composed
				of those persons appointed by the Governor with the advice and consent of the
				senate.
(e) Fiscal year. For all
				fiscal and administrative purposes, the reporting year of the board shall be
				identical to that of the State of Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.2 - Purpose and Functions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				purpose of the board is to safeguard the health and safety of Texans by
				developing and maintaining programs to:
(1)
				Ensure that only qualified persons are licensed to provide dental care;
				and
(2) Ensure that violators of
				law and rules regulating dentistry are appropriately sanctioned.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.3 - Organization and Structure

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The
				board shall consist of eleven members appointed by the governor with the advice
				and consent of the senate, as follows:
(1)
				six reputable dentist members who reside in this state and have been actively
				engaged in the practice of dentistry for at least the five years preceding
				appointment;
(2) three reputable
				dental hygienist members who reside in this state and have been actively
				engaged in the practice of dental hygiene for at least the five years preceding
				appointment; and,
(3) two members
				who represent the public.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.4 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) Presiding officer.
(1) The governor shall designate a member of
				the board as the presiding officer of the board to serve in that capacity at
				the will of the governor.
(2) The
				presiding officer must be a dentist.
(3) The presiding officer shall:
(A) Preside over all meetings of the
				board;
(B) Represent the board in
				legislative matters and in meetings with related groups;
(C) Appoint standing, ad hoc, and advisory
				committees;
(D) Perform other such
				duties as pertain to the position of presiding officer; and,
(E) Designate a member of the board to
				coordinate the annual performance reviews of the executive director and
				evaluation of the agency.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.5 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Frequency and location. The board shall
				hold meetings at least twice a year at times and places the board
				determines.
(b) Agenda. An agenda
				for each meeting shall be posted in accordance with the Open Meetings Act and
				copies shall be sent to each member of the board, Dental Hygiene Advisory
				Council, and Dental Laboratory Certification Council.
(c) Quorum. A majority of the members of the
				board shall constitute a quorum for the transaction of all business at any
				regular or special meeting.
(d)
				Voting. The board may act only by majority vote of its members present and
				voting, with each member entitled to one vote, unless a conflict of interest
				exists.
(e) Presiding officer. In
				the absence of the appointed presiding officer, the secretary shall act as
				presiding officer. In the absence of both the appointed presiding officer and
				the secretary, an acting presiding officer shall be chosen by a majority of the
				board members present, to preside over that meeting only.
(f) Parliamentary procedure. Board and
				committee meetings shall be conducted pursuant to the protocols contained in
				Robert's Rules of Order Newly Revised.
(g) Minutes. Minutes of all board meetings
				shall be prepared and supplied to board members for their review at or prior to
				the next subsequent board meeting, and shall be filed with the Legislative
				Reference Library and the Texas State Library within 45 days of board approval
				of the minutes.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.6 - Executive Committee of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Executive
				Committee. The executive committee is a permanent and standing committee
				comprised of the presiding officer of the board, the secretary of the board,
				and the chair of each standing committee.
(b) Membership. The executive committee may
				not exceed five members. The chairs of standing committees shall join the
				executive committee in order of designation as chair of their respective
				standing committees until the executive committee has five members. When a
				chair of a standing committee discontinues serving as a chair of the standing
				committee, a vacancy on the executive committee is filled by the chair of the
				standing committee who has served as chair for the longest period of time but
				is not yet serving on the executive committee.
(c) Chair. The presiding officer is chair of
				the executive committee.
(d) The
				responsibilities and authority of the executive committee shall include the
				duties and powers described below and other responsibilities and charges as
				needed by the board or the agency:
(1) ensure
				records are maintained related to the membership, meetings, recommendations,
				and actions of all committees, and ensure such information is accessible to the
				public on the agency's website;
(2) discuss and delegate tasks to other
				committees;
(3) take action on
				matters of urgency that may arise between board meetings, including the
				delegation of proceedings pursuant to Tex. Occ. Code §
										263.004
				to an ad hoc subcommittee of the executive committee;
(4) assist in the presentation of information
				concerning the board and the regulation of the practice of dentistry to the
				Legislature and other state officials;
(5) review staff reports regarding finances
				and the budget;
(6) formulate and
				make recommendations to the board concerning future board goals and objectives
				and the establishment of priorities and methods for their accomplishment;
(7) study and make recommendations
				to the board regarding the roles and responsibilities of the board members and
				board committees;
(8) study and
				make recommendations to the board regarding ways to improve the efficiency and
				effectiveness of the administration of the board;
(9) study and make recommendations to the
				board regarding board rules or any area of board function that, in the judgment
				of the committee, needs consideration; and
(10) make recommendations to the board
				regarding matters brought to the attention of the executive
				committee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.8 - Ad Hoc Committees of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Creation and
				dissolution. The presiding officer may establish ad hoc committees of board
				members to address specific subjects, purposes, or ends. In addition, the
				board, in a regularly scheduled meeting, may vote to establish ad hoc
				committees of board members to address specific subjects, purposes, or ends.
				Unless continued in existence by the presiding officer or a vote of the board,
				ad hoc committees of the board are abolished the sooner of one year from the
				date of creation or when the specific subject, purpose, or end for which the ad
				hoc committee was established, have been served.
(b) Membership. The presiding officer of the
				board shall appoint members of the board to serve on each ad hoc committee and
				shall designate a chair for each ad hoc committee. At least one dentist member
				of the board and at least one non-dentist member of the board shall serve on
				each ad hoc committee. The board's presiding officer shall be an ex officio
				member of each ad hoc committee.
(c) Open Meetings Act. Ad hoc committee
				meetings shall be open to the public and held in compliance with chapter 551 of
				the Texas Government Code.
(d)
				Purpose. At the time the presiding officer or the board establishes an ad hoc
				committee, the presiding officer will assign it a purpose, role,
				responsibility, and goal.
(e)
				Committee actions. The actions of ad hoc committees are recommendations only
				and are not binding unless ratified by the board at a regularly scheduled
				meeting, with the exception of action taken by an ad hoc subcommittee of the
				executive committee convened pursuant to §263.004 of the Act, board rule
				§107.69 and board rule §107.100(e).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.9 - Advisory Committees and Workgroups Established by the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to any specific statutory
				authority to establish particular advisory committees, the board may authorize
				advisory committees from outside the board's membership to advise the board on
				rulemaking, pursuant to §
									2001.031
				of the Texas Government Code and subject to chapter 2110 of the Texas
				Government Code, State Agency Advisory Committees.
(b) Creation and dissolution. The board, in a
				regularly scheduled meeting, may vote to establish advisory committees and
				workgroups from outside the board's membership to address specific subjects,
				purposes, or ends. Unless continued by a vote of the board, advisory committees
				and workgroups outside the board's membership are abolished the sooner of one
				year from the date of creation or when the specific subject, purpose, or end
				for which the advisory committee or workgroup was established, have been
				served.
(c) Chair. Each advisory
				committee or workgroup shall select from among its members a chairperson who
				shall preside over the advisory committee or workgroup and shall report to the
				board or agency as needed.
(d)
				Membership. The presiding officer shall determine the method by which members
				are designated to the advisory committee or workgroup. The membership of an
				advisory committee must provide a balanced representation between members of
				the dental industry and consumers of the dental industry. Advisory committee
				and workgroup members shall serve terms as determined by the board.
(e) Board member liaisons. The presiding
				officer may appoint board member or board members to serve as a liaison(s) to
				an advisory committee or workgroup and report to the board the recommendations
				of the advisory committee or workgroup for consideration by the board. The role
				of a board member liaison is limited to clarifying the board's charge and
				intent to the advisory committee or workgroup.
(f) Agency staff liaisons. The executive
				director of the agency may assign agency staff to assist the advisory committee
				and workgroup.
(g) Meetings and
				participation. All meetings shall be open to the public and noticed on the
				Secretary of State's website to allow the public an opportunity to
				participate.
(h) Purpose. The board
				rule establishing the advisory committee or workgroup shall state the purpose
				and tasks of the committee and describe the manner in which the committee will
				report to the board.
(i) Committee
				actions. The actions of advisory committees are recommendations only.
(j) The following are advisory committees and
				workgroups established by the board or established by statute: Advisory
				Committee on Dental Anesthesia, established by Subchapter E of Chapter 258 of
				the Texas Occupations Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.10 - Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may
				determine qualifications for and retain an Executive Director who shall be the
				chief executive officer of the agency.
(b) The Executive Director shall have the
				authority and responsibility for the operations and administration of the
				agency and such additional powers and duties as prescribed by the Board. As
				chief executive of the agency, the Executive Director shall manage all aspects
				of the agency, including personnel, financial and other resources, in support
				of the Dental Practice Act, Board rules and policies, the Board's mission and
				strategic plan.
(c) The Executive
				Director shall attend all meetings of the Board and may offer recommendations
				to the Board, but shall not vote on matters brought before the Board.
(d) The Executive Director, with the Board's
				consent, may employ an Assistant Executive Director to perform the Executive
				Director's duties when the Executive Director is absent or unable to
				act.
(e) The Executive Director is
				authorized to accept the voluntary surrender of a license. Board ratification
				is not required. The Executive Director will report summaries of dispositions
				to the Board at its regular meetings.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.11 - Stakeholder Meetings Convened by Staff

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Stakeholder meetings are convened by board staff to conduct research and
				collect information related to topics and issues of interest related to the
				board, the practice of dentistry, the Dental Practice Act and board rules, and
				agency administration.
(b) The
				purpose of stakeholder meetings is to provide the public an opportunity to
				contribute to the rule research and drafting process prior to official action
				by the board.
(c) Staff shall
				prepare a report of each stakeholder meeting for presentation to the board at
				the next scheduled board meeting and publication on the agency's website.
(d) All meetings shall be open to
				the public and noticed on the Secretary of State's website to allow the public
				an opportunity to participate.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 100 - GENERAL PROVISIONS › Section 100.20 - Final Board Decisions in Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The board shall render the final decision in a contested case and has the
				responsibility to assess sanctions against licensees who are found to have
				violated the Act.
(b) The board
				welcomes recommendations of administrative law judges as to the sanctions to be
				imposed, but the board is not bound by such recommendations.
(c) Sanctions should be consistent with
				sanctions imposed in similar cases and should reflect the board's determination
				of the seriousness of the violation and the sanction required to deter future
				violations. A determination of the appropriate sanction is reserved to the
				board. The appropriate sanction is not a proper finding of fact or conclusion
				of law.
(d) This section shall be
				construed and applied so as to preserve board member discretion in the
				imposition of sanctions and remedial measures pursuant to the Act's provisions
				related to methods of discipline and administrative penalties. This chapter
				shall be further construed and applied so as to be consistent with the Act, and
				shall be limited to the extent as otherwise proscribed by statute and board
				rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 101 - DENTAL LICENSURE › Section 101.1 - General Qualifications for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Any person desiring to practice dentistry in the State of Texas must possess a
				license issued by the State Board of Dental Examiners (Board) as required by
				the Dental Practice Act and Board rules.
(b) Any applicant for licensure under this
				chapter must meet the requirements of this section.
(c) To be eligible for licensure, an
				applicant must present on or accompanying a licensure application form approved
				by the Board proof satisfactory to the Board that the applicant:
(1) Is at least 21 years of age;
(2) Is professionally fit, which is
				demonstrated by patterns of personal, academic and occupational behaviors,
				including final or pending disciplinary action on an occupational license in
				any jurisdiction, which, in the judgment of the Board, indicate honesty,
				accountability, trustworthiness, reliability, integrity, and ability;
(3) Has successfully completed a current
				course in basic life support;
(4)
				Has taken and passed the jurisprudence assessment administered by the Board or
				an entity designated by the Board within one year immediately prior to
				application;
(5) Has paid all
				application fees required by the Dental Practice Act and Board rules;
(6) Has submitted fingerprints for the
				retrieval of criminal history record information; and
(7) Has completed a course in human
				trafficking prevention approved by the executive commissioner of the Texas
				Health and Human Services Commission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 101 - DENTAL LICENSURE › Section 101.2 - Licensure by Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				the general qualifications for licensure contained in §
									101.1
				of this chapter (relating to General Qualifications for Licensure), an
				applicant for licensure by examination who is a graduate of an accredited
				school must present proof that the applicant:
(1) Has graduated and received either the
				"DDS" or "DMD" degree from a dental school accredited by the Commission on
				Dental Accreditation of the American Dental Association (CODA);
(2) Has taken and passed the examination for
				dentists given by the American Dental Association Joint Commission on National
				Dental Examinations; and
(3) Has
				taken and passed the appropriate general dentistry live patient or hands-on
				simulation clinical examination administered by a regional examining board
				designated by the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 101 - DENTAL LICENSURE › Section 101.3 - Licensure by Credentials

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				the general qualifications for licensure contained in §
									101.1
				of this chapter (relating to General Qualifications for Licensure), an
				applicant for licensure by credentials must present proof that the applicant:
(1) Has graduated and received either the
				"DDS" or "DMD" degree from a dental school accredited by the Commission on
				Dental Accreditation of the American Dental Association (CODA);
(2) Is currently licensed as a dentist in
				good standing in another state, the District of Columbia, or a territory of the
				United States, provided that such licensure followed successful completion of a
				general dentistry live patient or hands-on simulation clinical examination
				administered by another state or regional examining board;
(3) Has practiced dentistry:
(A) For a minimum of three years out of the
				five years immediately preceding application to the Board, pursuant to section
				256.101(a-1) of the Dental Practice Act; or
(B) As a dental educator at a CODA-accredited
				dental or dental hygiene school for a minimum of five years immediately
				preceding application to the Board;
(4) Is endorsed by the state board of
				dentistry in the jurisdiction in which the applicant practices at the time of
				the application. Such endorsement is established by providing a copy under seal
				of the applicant's current license and by a certified statement that the
				applicant has current good standing in said jurisdiction;
(5) Has taken and passed the examination for
				dentists given by the American Dental Association Joint Commission on National
				Dental Examinations;
(6) Has met
				the requirements of §
										101.8
				of this title (relating to Persons with Criminal Backgrounds) and has completed
				background checks for criminal or fraudulent activities, to include information
				from: the National Practitioner Data Bank, the Healthcare Integrity and
				Protection Data Bank, and/or the American Association of Dental Boards (AADB)
				Clearinghouse for Disciplinary Action; and
(7) Has completed 12 hours of continuing
				education taken within the 12 months preceding the date the licensure
				application is received by the Board. All hours shall be taken in accordance
				with the requirements for continuing education as mandated by Chapter 104 of
				this title (relating to Continuing Education).