reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter B - COMPLAINTS AND INVESTIGATIONS › Section 107.104 - Official Investigation of a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Once an official investigation commences, board staff shall notify the
				  complainant and respondent of the filing of the complaint and the commencing of
				  the official investigation. The complainant and the respondent shall receive
				  notice of the complaint's status, at least quarterly, until final disposition
				  of the complaint, unless such notice would jeopardize an
				  investigation.
(b) The official
				  investigation of a complaint may include referral to a panel of experts for
				  review.
(c) As of September 1,
				  2016, board staff shall classify each filed complaint into one or more of the
				  following allegation categories:
(1) Standard
				  of Care: failure to treat a patient according to the standard of care in the
				  practice of dentistry or dental hygiene.
(2) Sanitation: failure to maintain the
				  dental office in a sanitary condition.
(3) Dishonorable Conduct: unprofessional or
				  dishonorable conduct, including conduct identified in §
											108.9 of
				  this title (related to Dishonorable Conduct).
(4) Administrative: failure to comply with
				  administrative requirements of the Act or board rules.
(5) Business Promotion: failure to comply
				  with the requirements of the Act or board rules relating to advertising and
				  referral schemes.
(6) Practicing
				  Dentistry without a License.
(7)
				  Non-compliance: failure to comply or timely comply with an Order or Remedial
				  Plan issued by the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter B - COMPLAINTS AND INVESTIGATIONS › Section 107.105 - Collection of Information and Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Dental Records. Upon request by board staff, a dental custodian of records
				  shall provide copies of dental records or original records. Board staff may
				  require a dental custodian of records to submit records immediately if required
				  by the urgency of the situation or the possibility that the records may be
				  lost, damaged, or destroyed.
(b)
				  Response to Board Requests. In addition to the requirements of responding or
				  reporting to the board under this section, a licensee/registrant shall respond
				  in writing to all written board requests for information within ten days of
				  receipt of such request.
(c)
				  Business Records Affidavits. Dental records must be provided under a business
				  records affidavit or as otherwise required by board staff.
(d) Failure to Comply.
(1) Administrative Penalty. Failure to comply
				  with board staff's request for records or information may be grounds for the
				  issuance of an administrative penalty citation pursuant to §254.0115 of
				  the Act.
(2) Disciplinary Action.
				  Failure to comply with board staff's request for records or information may be
				  unprofessional and dishonorable conduct that is subject to disciplinary action
				  by the board pursuant to §263.002 of the Act.
(3) Civil Penalty. Failure to comply with
				  board staff's request for records and other evidence or failure to comply with
				  other law regulating dental patient records may be subject to a civil penalty
				  pursuant to §258.0511 and §264.101 of the Act.
(4) Criminal penalty. Failure to comply with
				  board staff's request for records and other evidence or failure to comply with
				  other law regulating dental patient records, in violation of §258.0511, is
				  a criminal offense pursuant to §264.152 of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter B - COMPLAINTS AND INVESTIGATIONS › Section 107.106 - Confidentiality of Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Investigation files and other records are confidential, except board staff
				  shall inform the license holder of the specific allegations against the license
				  holder.
(b) No employee, agent, or
				  member of the board may disclose confidential information except in the
				  following circumstances:
(1) to another
				  local, state or federal regulatory agency;
(2) to local, state or federal law
				  enforcement agencies;
(3) to other
				  persons if required during the course of the investigation;
(4) to other entities as required by law; and
(5) a person who has provided a
				  statement may receive a copy of the statement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter B - COMPLAINTS AND INVESTIGATIONS › Section 107.107 - Use of Dental Review Panel

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  preliminary investigation finds that there is probable cause to indicate that
				  an act by a licensee/registrant fell below the minimum standard of care, the
				  relevant information and records collected by board staff shall be reviewed by
				  a panel of experts during the official investigation. Each panel of experts
				  shall include an initial and second reviewer and, if necessary, a third
				  reviewer. The panel of experts for an investigation shall be selected from
				  members of the Dental Review Panel.
(b) Composition and Duties. The Dental Review
				  Panel shall be composed of dentists and dental hygienists appointed by the
				  board to assist with complaints and investigations relating to professional
				  competency by acting as expert dentist and dental hygienist reviewers.
(c) Qualifications. To be eligible
				  to serve on the Dental Review Panel, a dentist or dental hygienist must meet
				  the following criteria:
(1) licensed in Texas
				  to practice dentistry or dental hygiene;
(2) no history of disciplinary action by the
				  board in the ten years prior to application;
(3) acceptable malpractice complaint history;
(4) in active practice currently
				  and at the time of the alleged violation, or supervising clinical care in an
				  academic setting;
(5) demonstrated
				  knowledge of accepted standards of dental care for the diagnosis, care and
				  treatment related to the alleged violation; and
(6) demonstrated training or experience to
				  offer an expert opinion regarding accepted standards of dental care.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter B - COMPLAINTS AND INVESTIGATIONS › Section 107.108 - Assignment of Dental Review Panel Members

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Reviewers for a particular complaint shall be assigned from among those Dental
				  Review Panel members who practice in the same or similar specialty as the
				  Respondent identified in the filed complaint.
(b) If an assigned reviewer has a potential
				  or apparent conflict of interest that would prevent the reviewer from providing
				  a fair and unbiased opinion, that reviewer shall not review the case and
				  another reviewer shall be assigned from among those Dental Review Panel members
				  who practice in the same or similar specialty as the Respondent identified in
				  the filed complaint.
(1) A potential conflict
				  of interest exists if the selected reviewer lives or practices dentistry or
				  dental hygiene in the same geographical market as the Respondent identified in
				  the filed complaint and:
(A) is in direct
				  competition with the licensee/registrant; or
(B) knows the licensee/registrant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter B - COMPLAINTS AND INVESTIGATIONS › Section 107.109 - Review by Dental Review Panel Members

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  initial reviewer shall review all the relevant information and records
				  collected by the agency and determine whether the respondent has violated the
				  standard of care applicable to the circumstances and issue a preliminary
				  written report of that determination.
(b) The second reviewer shall review the
				  initial reviewer's preliminary report and all the relevant information and
				  records collected by the agency and determine whether the respondent has
				  violated the standard of care applicable to the circumstances. If the second
				  reviewer agrees with the conclusions of the initial reviewer, the second
				  reviewer shall inform the initial reviewer and the initial reviewer shall issue
				  a final written report on the matter. If the second reviewer does not agree
				  with the conclusions of the initial reviewer, the second reviewer shall issue a
				  secondary written report of his determination.
(c) If the initial and second reviewer do not
				  agree on the determination, a third reviewer will be necessary. The third
				  reviewer shall review the preliminary and secondary report and all the relevant
				  information and records collected by the agency and determine whether the
				  respondent has violated the standard of care applicable to the circumstances
				  and issue a final written report of that determination. The final written
				  report shall be issued by the third reviewer or the reviewer with whom the
				  third reviewer concurs.
(d) The
				  written reports shall include the following:
(1) the general qualifications of each
				  reviewer; and
(2) the opinions of
				  each reviewer regarding:
(A) the relevant
				  facts concerning the dental care rendered;
(B) the applicable standard of care;
(C) the application of the
				  standard of care to the relevant facts;
(D) a determination of whether the standard
				  of care has been violated; and
(E)
				  the clinical basis for the determinations, including any reliance on
				  peer-reviewed journals, studies, or reports.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter C - DISPOSITION OF COMPLAINTS › Section 107.200 - Disposition of a Filed Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) During
				  the official investigation of a filed complaint, board staff will determine
				  whether a violation of the Act or board rules has occurred. If the complaint is
				  related to professional competency, members of the Dental Review Panel shall
				  assist with the determination, as described in Subchapter B of this
				  Chapter.
(b) If the information and
				  evidence gathered and the Dental Review Panel Report, if applicable, indicate
				  that a violation of the Act has occurred, board staff shall initiate the
				  appropriate action, including dismissal with board recommendation, disciplinary
				  action, remedial plan, or cease and desist order, and obtain final approval of
				  the board at a public board meeting, if required.
(c) If the information and evidence gathered
				  and the Dental Review Panel Report, if applicable, is insufficient to support
				  that a violation of the Act or board rules has occurred, board staff shall
				  dismiss the complaint and advise the board of such dismissal at a public board
				  meeting.
(d) If a complaint is
				  dismissed, a letter shall be sent to the complainant informing him or her of
				  the dismissal and explaining the reason for the dismissal.
(e) If the complaint is dismissed, a letter
				  shall be sent to the respondent informing him or her of the dismissal. Board
				  staff may also inform the respondent of any recommendations that may improve
				  his or her practice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter C - DISPOSITION OF COMPLAINTS › Section 107.201 - Procedures for Assessment of Administrative Penalties in Informal Complaint Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Statutory
				  Authorization and Purpose.
(1) Section
				  263.002(a)
				  of the Texas Occupations Code authorizes the Board to assess administrative
				  penalties as disciplinary actions against persons licensed or regulated under
				  the Dental Practice Act. Subchapter A of Chapter 264 of the Texas Occupations
				  Code provides the Board's procedure when assessing an administrative penalty.
				  Section
				  264.011
				  of the Texas Occupations Code authorizes the Board to utilize an administrative
				  penalty using the informal settlement conference process under Texas
				  Occupations Code §
											263.007.
				  Section
				  263.0065
				  of the Texas Occupations Code authorizes the Board to delegate certain
				  complaint dispositions to a committee of Board employees.
(2) The purpose of this rule section is to
				  establish the procedure to be followed by the Board and Board employees when
				  utilizing administrative penalties in the informal settlement process. The
				  processes outlined in this rule may be utilized in addition to the assessment
				  of administrative penalties outlined in Subchapter A of Texas Occupations Code
				  Chapter 264.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter C - DISPOSITION OF COMPLAINTS › Section 107.202 - Administrative Penalty Schedule

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  Construction. The Board has established the following administrative penalty
				  schedule based upon consideration of the required factors outlined in Section
				  264.002(b)
				  of the Texas Occupations Code. The Board and Board employees shall utilize this
				  schedule when recommending an administrative penalty amount under Subchapter A
				  of Texas Occupations Code Chapter 264 and §
										107.201
				  of this title (relating to Procedures for Assessment of Administrative
				  Penalties in Informal Complaint Resolution). Nothing in this rule section shall
				  be construed to prohibit the Board from imposing a different disciplinary
				  sanction or a Remedial Plan to resolve a complaint. An offer of administrative
				  penalty during the settlement process shall not be binding on the Board in any
				  subsequent contested case hearing or mediation to resolve a
				  complaint.
(b) Definitions. The
				  definitions contained in §
										107.201(b)
				  of this title shall apply to this rule section.
(c) Penalty Schedule. The amount of an
				  administrative penalty shall not exceed five thousand dollars for each
				  violation, in accordance with Texas Occupations Code §
										264.002(a).
				  The Board shall identify each violation and element of the penalty amount
				  showing the constituent elements of the total penalty assessed. Pursuant to
				  Texas Occupations Code §
										264.002(a),
				  each day a violation continues or occurs is a separate violation for purposes
				  of imposing a penalty. The type and base amount of each penalty shall be as
				  follows:
(1) Violation of a Board
				  Administrative Rule. A violation involving purely administrative requirements
				  that does not involve the care of patients. Violations under this
				  classification include, but are not limited to:
(A) failure to timely complete continuing
				  education requirements;
(B)
				  practice with expired license, permit, or registration;
(C) failure to comply with Board advertising
				  rules and restrictions;
(D)
				  permitting a staff member to practice with an expired license, permit, or
				  registration; and
(E) failure to
				  maintain a current and accurate contact address with the Board. The base amount
				  of this penalty shall be one hundred dollars.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter C - DISPOSITION OF COMPLAINTS › Section 107.203 - Aggravating and Mitigating Factors

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Aggravating Factors. In any disciplinary action, the following may be
				  considered as aggravating factors that warrant more severe or restrictive
				  action by the Board. A Board Order may include a finding of fact on each
				  applicable aggravating factor. Aggravating factors may include:
(1) harm to one or more patients;
(2) the severity of patient harm;
(3) one or more violations that involve more
				  than one patient;
(4) economic harm
				  to any individual or entity and the severity of such harm;
(5) increased potential for harm to the
				  public;
(6) attempted concealment
				  of the act constituting a violation;
(7) intentional, premeditated, knowing, or
				  grossly negligent act constituting a violation;
(8) prior similar violations;
(9) previous disciplinary action by the
				  Board, any government agency, peer review organization, or health care
				  entity;
(10) violation of a Board
				  Order; or
(11) other relevant
				  circumstances increasing the seriousness of the misconduct.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter C - DISPOSITION OF COMPLAINTS › Section 107.204 - Remedial Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				  issue and establish the terms of a non-disciplinary remedial plan to resolve
				  the investigation of a complaint.
(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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter C - DISPOSITION OF COMPLAINTS › Section 107.205 - Registration of Non-Profit Corporations Authorized To Hire Dentists

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Board of Dental Examiners will
				  approve and certify any health organization or other organization qualified to
				  contract with or employ dentists upon submission of an application meeting the
				  following requirements:
(1) A written request
				  to the Board by the organization's chief executive officer will suffice as the
				  application;
(2) The following
				  documentation shall be submitted:
(A) a copy
				  of the certificate of incorporation under the Texas Non-Profit Corporation
				  Act;
(B) written proof of a
				  determination by the Internal Revenue Service that the organization is tax
				  exempt under the Internal Revenue Code pursuant to §501(c)(3);
				  and
(C) either written proof that
				  the organization is:
(i) organized and
				  operated as a migrant, community or homeless health center under the authority
				  of and in compliance with 42 United States Code §254(b) or (c), or
				  §256, or a federally qualified health center under 42 United States Code
				  §1396d(1)(2)(B); or
(ii)
				  written proof that the organization provides services at no fee or a reduced
				  fee to underserved populations; or
(iii) written proof that the organization
				  will hire dentists to staff a clinic that provides services primarily to
				  persons having AIDS or the human immunodeficiency virus.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter C - DISPOSITION OF COMPLAINTS › Section 107.206 - Public Actions of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this section is to outline the Board's disciplinary and
				  non-disciplinary actions issued under Chapter 263 of the Texas Occupations
				  Code.
(b) Definitions. In this rule
				  section, the following terms shall apply:
(1)
				  "Administrative Fine" is a monetary fine assessed pursuant to Texas Occupations
				  Code §
											263.002(a)
				  in connection with the issuance of a disciplinary action by the Board that is
				  not an administrative penalty. Administrative fines shall not be assessed when
				  issuing a Remedial Plan. The Board shall not assess an administrative fine
				  without the issuance of a Warning, Reprimand, Probated Suspension, or Enforced
				  Suspension.
(2) "Administrative
				  Penalty" is a monetary penalty assessed as a disciplinary action pursuant to
				  Texas Occupations Code §
											263.002(a).
				  An administrative penalty is a public disciplinary action of the Board. An
				  administrative penalty shall not be issued in conjunction with the issuance of
				  a Warning, Reprimand, Probated Suspension, Enforced Suspension, or Remedial
				  Plan. An administrative penalty that is issued subject to an agreement between
				  the parties during informal settlement shall be referred to as an "agreed
				  administrative penalty."
(3)
				  "License" means a license, certificate, or registration that is issued by the
				  Board.
(4) "Licensee" means a
				  person who holds a license, certificate, or registration that is issued by the
				  Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter D - COMPLIANCE PROGRAM › Section 107.300 - Responsibilities of Compliance Division

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Director of Compliance shall ensure that a compliance monitoring program is
				  established and maintained for those licensee/registrants who have received a
				  disciplinary action, remedial plan, or administrative penalty
				  citation.
(b) The monitoring
				  program shall be maintained by board staff serving as compliance
				  officers.
(c) Monitoring
				  disciplinary action and remedial plans.
(1)
				  The compliance officer shall provide the licensee/registrant with initial
				  notification of the requirements imposed by the disciplinary action or remedial
				  plan. The initial notification shall include a copy of the disciplinary action
				  or remedial plan and a copy of the compliance program rules and
				  procedures.
(2) The compliance
				  officer shall make good faith efforts to assist the licensee/registrants in
				  attaining and maintaining compliance with the disciplinary action or remedial
				  plan.
(3) The compliance officer
				  shall refer non-compliance with disciplinary action or remedial plans to the
				  Director of Compliance to determine whether to initiate an investigation into
				  non-compliance with the disciplinary action or remedial plan.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 107 - DENTAL BOARD PROCEDURES › Subchapter E - DATA REPORTING › Section 107.400 - Collection and Reporting of Enforcement and Licensing Data

Current through Reg. 49, No. 28; July 12, 2024
(a) All information related to an
				  investigation is confidential, except that the agency shall provide information
				  on a quarterly basis to the Board and the Anesthesia Committee of the Board,
				  and to legislative offices upon request. This information shall consist of
				  de-identified, case specific data reflecting information about jurisdictional,
				  filed complaints involving sedation/anesthesia that were resolved during the
				  reporting period, including, at a minimum, the following data points:
(1) Source of initial complaint -- public,
				  other agency, self-report of death, self-report of hospitalization, or
				  initiated by the Board.
(2)
				  Information about licensee:
(A) Whether
				  respondent is Medicaid provider;
(B) Respondent's highest sedation/anesthesia
				  permit level;
(C) Whether
				  respondent holds portability privileges; and
(D) Respondent's self-reported practice area.
(3) Information about
				  patient:
(A) Patient ASA, as identified in
				  respondent's dental records and/or determined by Dental Review Panel;
(B) Patient age -- 13 and under,
				  between 13 and 18, between 19 and 75, and over 75;
(C) Location of the treatment investigated by
				  the agency -- dental office, hospital, ASC, office of other practitioner;
(D) Level of sedation/anesthesia
				  administered -- Local, Nitrous, I, II, III, IV (determined by Dental Review
				  Panel);
(E) Sedation/anesthesia
				  administrator -- respondent, other dentist, MD, CRNA (determined by Dental
				  Review Panel); and
(F) Whether
				  treatment investigated by the agency was paid by Medicaid.
(4) Information about
				  investigation:
(A) Allegation categories
				  identified in preliminary investigation;
(B) Disposition of official investigation --
				  Dismissed by Enforcement, Dismissed by Legal -- No Violation, Dismissed by
				  Board Vote, Closed by Administrative Citation/Remedial Plan/Disciplinary
				  Action; and
(C) If disposition is
				  public action (Administrative Citation, Remedial Plan, or Disciplinary Action),
				  the violations identified in the public action resolving the official
				  investigation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.1 - Professional Responsibility

Current through Reg. 49, No. 28; July 12, 2024
A licensed dentist shall conduct his practice on the
					 highest plane of honesty, integrity, and fair dealing. In order to safeguard
					 the dental health and welfare of the public and the dentist-patient
					 relationship and fix professional responsibility for dental services, no
					 dentist or any other licensee or certificate holder of the Board shall:
(1) circumvent or attempt to circumvent any
				  provision of the Texas Dental Practice Act or any rule, regulation, or order of
				  the Board;
(2) participate,
				  directly or indirectly in any plan, scheme, or arrangement attempting or having
				  as its purpose or result the evasion of any provision of the Texas Dental
				  Practice Act or any rule, regulation, or order of the Board;
(3) fail to exercise reasonable diligence to
				  prevent partners, associates, and employees from engaging in conduct which
				  would violate any provisions of the Texas Dental Practice Act or any rule,
				  regulation, or order of the Board;
(4) permit or allow himself, his practice of
				  dentistry, his professional identification, or his services to be used or made
				  use of, directly or indirectly, or in any manner whatsoever, so as to create or
				  tend to create the opportunity for the unauthorized or unlawful practice of
				  dentistry by any person, firm, or corporation or for the practice of dentistry
				  in violation of any provision of the Texas Dental Practice Act or any rule,
				  regulation, or order of the Board;
(5) associate with or permit or allow the use
				  of a dentist's name, professional identification, office, or practice in any
				  business, commercial, or mercantile venture, project, or enterprise which the
				  dentist or licensee knows or by the exercise of reasonable diligence should
				  have known is engaged in acts, practices, or omissions which violate any
				  provision of the Texas Dental Practice Act or any rule, regulation, or order of
				  the Board;
(6) divide, share,
				  split, or allocate, either directly or indirectly, any fee for dental services,
				  appliances, or materials with another dentist or with a physician, except upon
				  a division of services or responsibility and with the prior knowledge and
				  approval of the patient; provided, however, this section shall not be construed
				  to prohibit partnerships for the practice of dentistry.
(7) provide prescriptions for any medications
				  to patients of other dentists, who are part of an after hours call agreement
				  with the license holder, without first taking steps to determine that the
				  individual is in fact a patient of the other dentist. Such steps shall include
				  determination of patient's basic medical history, including name, when last
				  seen by patient's doctor, service performed and prescriptions written, if
				  any.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.2 - Fair Dealing

Current through Reg. 49, No. 28; July 12, 2024
(a) The dentist has
				  special knowledge which a dental patient does not have; therefore, to avoid
				  misunderstanding, the dentist shall advise a patient, before beginning
				  treatment, of the proposed treatment, and any reasonable alternatives, in a
				  manner that allows the patient to become involved in treatment
				  decisions.
(b) Such advice shall
				  include, at a minimum:
(1) the nature and
				  extent of the treatment needed by such patient;
(2) the approximate time required to perform
				  the recommended dental treatment and services;
(3) the terms and conditions of the payment
				  of his fee; and
(4) any further or
				  additional service or returns by the patient or adjustments, repair, or
				  consultation and the time within which this shall occur.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.3 - Consumer Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A Texas dentist
				  practicing dentistry in Texas shall notify dental patients that complaints
				  concerning dental services can be directed to the Board by providing the name,
				  mailing address, and telephone numbers of the Board. Such notification must be
				  accomplished by one or more of the following three methods:
(1) On a sign prominently displayed in the
				  place of business of an individual or entity regulated under the Dental
				  Practice Act; or,
(2) On each
				  registration form, application, brochure, or written contract for services of
				  an individual or entity regulated under the Dental Practice Act; or,
(3) in a bill of service provided by an
				  individual or entity regulated under the Dental Practice Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.4 - Names of Dentists

Current through Reg. 49, No. 28; July 12, 2024
(a) Each dental
				  office shall post at or near the entrance of the office the name of, each
				  degree received by, and each school attended by each dentist practicing in the
				  office.
(b) A dentist shall
				  practice only under his or her own name, a company name or a trade name as set
				  forth in Section
				  259.003 of the
				  Occupations Code. If a dentist uses a trade name, or a company name, in his or
				  her practice then each patient shall be given the name of the treating dentist
				  in writing, either prior to or after each office visit.
(c) Only the names of the dentists who are
				  actually engaged in the practice of their profession at a particular location
				  may be used.
(d) The name of a
				  deceased or retired dentist shall not be used at such location more than one
				  (1) year after the death or retirement of the dentist. The name of a dentist
				  leaving a location for any other reason or transferring his or her practice
				  shall not be used at such location or practice for more than forty (40) days
				  following departure from the location. However, if the transferring dentist
				  remains actively engaged in the practice of dentistry in the transferred
				  practice, the acquiring dentist may continue using the name of the transferring
				  dentist.
(e) If the names of
				  auxiliary personnel, such as dental hygienists, dental assistants, etc., are
				  displayed in any manner, the auxiliary personnel must be clearly identified by
				  title, along with the name of the supervising dentist.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.5 - Patient Abandonment

Current through Reg. 49, No. 28; July 12, 2024
(a) A dentist,
				  without reasonable cause, shall not abandon a dental patient. Once a dentist
				  has undertaken a course of treatment, the dentist, absent reasonable cause,
				  shall not discontinue that treatment without giving the patient adequate notice
				  and the opportunity to obtain the services of another dentist. A dentist shall
				  exercise the level of care necessary to prevent jeopardizing the patient's oral
				  health during this process.
(b)
				  Under this section, a dentist shall give a minimum of 30 days written notice of
				  his/her intent to discontinue undertaken treatment. Notice shall be either
				  hand-delivered to the patient or sent via certified mail, return receipt
				  requested to the patient's last known address, with the dentist retaining a
				  copy of the notice letter in the patient's file along with proof of service.
				  Adequate notice shall include the following:
(1) a short description of the patient's
				  current status, including the patient's current diagnosis and a summary of the
				  patient's current treatment plan;
(2) a short description of the patient's
				  present and future needs;
(3) an
				  explanation regarding the consequences of non-treatment;
(4) a recommendation that the patient
				  continue care with another dentist; and
(5) a clear statement emphasizing that the
				  dentist is available to provide any emergency treatment necessary to prevent
				  patient harm during the 30-day period.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.6 - Report of Patient Death or Injury Requiring Hospitalization

Current through Reg. 49, No. 28; July 12, 2024
A dentist must submit a written report to the SBDE as
					 provided below:
(1) The death of a
				  dental patient which may have occurred as a consequence of the receipt of
				  dental services from the reporting dentist must be reported within 72 hours of
				  the death, or such time as the dentist becomes aware or reasonably should have
				  become aware of the death;
(2) The
				  hospitalization of a dental patient, as a possible consequence of receiving
				  dental services from the reporting dentist, must be reported within 30 days of
				  the hospitalization or such time as the dentist becomes aware of or reasonably
				  should have become aware of the hospitalization. For purposes of this section,
				  "hospitalization" shall be defined as an examination at a hospital or emergency
				  medical facility that results in an in-patient admission for the purpose(s) of
				  treatment and/or monitoring.
(3) In
				  the evaluation of sedation/anesthesia morbidity or mortality, the SBDE shall
				  consider the standard of care necessary to be that applicable to the patient's
				  state of consciousness during the procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.7 - Minimum Standard of Care, General

Current through Reg. 49, No. 28; July 12, 2024
Each dentist shall:
(1) conduct his/her practice in a manner
				  consistent with that of a reasonable and prudent dentist under the same or
				  similar circumstances;
(2) maintain
				  patient records that meet the requirements set forth in §
										108.8 of
				  this title (relating to Records of the Dentist);
(3) obtain, maintain, and review an initial
				  medical history. The medical history shall include, but shall not necessarily
				  be limited to, known allergies to drugs, serious illness, current medications,
				  previous hospitalizations and significant surgery, and a review of the
				  physiologic systems obtained by patient history. A "check list," for
				  consistency, may be utilized in obtaining information. The dentist shall review
				  the medical history with the patient at any time a reasonable and prudent
				  dentist would do so under the same or similar circumstances. At a minimum, a
				  medical history should be reviewed and updated annually;
(4) perform and review a limited physical
				  examination when a reasonable and prudent dentist would do so under the same or
				  similar circumstances. At a minimum, a limited physical examination should be
				  performed and reviewed annually;
(5) for office emergencies:
(A) maintain a positive pressure breathing
				  apparatus including oxygen which shall be in working order;
(B) maintain other emergency equipment and/or
				  currently dated drugs as a reasonable and prudent dentist with the same or
				  similar training and experience under the same or similar circumstances would
				  maintain;
(C) provide training to
				  dental office personnel in emergency procedures which shall include, but not
				  necessarily be limited to, basic cardiac life support, inspection and
				  utilization of emergency equipment in the dental office, and office procedures
				  to be followed in the event of an emergency as determined by a reasonable and
				  prudent dentist under the same or similar circumstances; and
(D) shall adhere to generally accepted
				  protocols and/or standards of care for management of complications and
				  emergencies;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.8 - Records of the Dentist

Current through Reg. 49, No. 28; July 12, 2024
(a) The term
				  dental records includes, but is not limited to: identification of the
				  practitioner providing treatment; medical and dental history; limited physical
				  examination; oral pathology examination; radiographs; dental and periodontal
				  charting; diagnoses made; treatment plans; informed consent statements or
				  confirmations; study models, casts, molds, and impressions, if applicable;
				  cephalometric diagrams; narcotic drugs, dangerous drugs, controlled substances
				  dispensed, administered or prescribed; anesthesia records; pathology and
				  medical laboratory reports; progress and completion notes; materials used;
				  dental laboratory prescriptions; billing and payment records; appointment
				  records; consultations and recommended referrals; and post treatment
				  recommendations.
(b) A Texas dental
				  licensee practicing dentistry in Texas shall make, maintain, and keep adequate
				  dental records for and upon each dental patient for reference, identification,
				  and protection of the patient and the dentist. Records shall be kept for a
				  period of not less than five years from the last date of treatment by the
				  dentist. If a patient was younger than 18 years of age when last treated by the
				  dentist, the records shall be maintained by the dentist until the patient
				  reaches age 21 or for five years from the date of last treatment, whichever is
				  longer. Dentists shall retain records for a longer period of time when mandated
				  by other federal or state statute or regulation. Records must include
				  documentation of the following:
(1) Patients
				  name;
(2) Date of visit;
(3) Reason for visit;
(4) Vital signs, including, but not limited
				  to, blood pressure and heart rate when applicable in accordance with §
											108.7
				  of this title (relating to Minimum Standard of Care, General); and
(5) If not recorded, an explanation why vital
				  signs were not obtained.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.9 - Dishonorable Conduct

Current through Reg. 49, No. 28; July 12, 2024
The dishonorable conduct section is intended to protect the
					 public from dangerous, unethical, and illegal conduct of licensees. The purpose
					 of this section is to identify unprofessional or dishonorable behaviors of a
					 licensee which the Board believes are likely to pose a threat to the public.
					 Actual injury to a patient need not be established for a licensee to be in
					 violation of this section. Behavior constituting dishonorable conduct includes,
					 but is not limited to:
(1) Criminal
				  conduct--including but not limited to conviction of a misdemeanor involving
				  fraud or a felony under federal law or the law of any state as outlined in
				  Chapter 101 of this title.
(2)
				  Deception or misrepresentation--engages in deception or misrepresentation:
(A) in soliciting or obtaining patronage;
				  or
(B) in obtaining a
				  fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.10 - Notification of Change of Information

Current through Reg. 49, No. 28; July 12, 2024
Each dentist licensed with the Board shall notify the Board
					 within sixty (60) days of any:
(1)
				  change of address of the licensee's place of business;
(2) change of the licensee's employer;
				  or
(3) change in the licensee's
				  mailing address.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.11 - Display of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A dentist or
				  dental hygienist shall display a current registration certificate in each
				  office where the dentist or dental hygienist provides dental
				  services.
(b) No dentist or dental
				  hygienist shall provide treatment for a patient without placing the current
				  registration certificate on exhibit.
(c) When a dentist or dental hygienist
				  provides dental services at more than one location, a duplicate registration
				  certificate may be displayed. The duplicate may be obtained from the State
				  Board of Dental Examiners for a fee set by the Board.
(d) A dentist or dental hygienist may
				  practice without displaying the person's current registration certificate as
				  required by this section for not more than 30 days after the person receives
				  written confirmation from the board that the person's original license was
				  issued.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.12 - Dental Treatment of Obstructive Sleep Apnea

Current through Reg. 49, No. 28; July 12, 2024
(a) A dentist shall not independently
				  diagnose obstructive sleep apnea (OSA). A dentist may fabricate an oral
				  appliance for treatment of OSA only in collaboration with a licensed physician.
				  A dentist shall be responsible for monitoring and maintaining the oral
				  appliance to ensure the patient's dental health, while the physician should be
				  responsible for monitoring the patient's medical condition.
(b) A dentist who treats OSA, as described
				  above, shall complete, during the first year of treating OSA, 12 hours of
				  minimum basic education in sleep-disordered breathing from an educational venue
				  (a combination of didactic and clinical education). For each subsequent year
				  that a dentist treats OSA, the dentist shall complete 3 hours of education in
				  sleep-disordered breathing.
(c) A
				  dentist treating a patient for OSA shall comply with the Dental Practice Act
				  and Board Rules, including but not limited to provisions related to fair
				  dealing, standard of care, records, and business promotion.
(d) A dentist shall maintain records as
				  required by the Dental Practice Act and Board Rules including, but not limited
				  to records related to treatment planning, recommendations and options, informed
				  consent, consultations and recommended referrals, and post treatment
				  recommendations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.13 - Practice of Dentistry on Certain Children

Current through Reg. 49, No. 28; July 12, 2024
(a) The parent or guardian of a child younger
				  than 18 years of age may be present in the treatment room during the child's
				  dental treatment or procedure, unless the dentist determines in the dentist's
				  professional judgment that the presence of the parent or guardian in the
				  treatment room is likely to have an adverse effect on the treatment of the
				  child. The decision to exclude the parent or guardian must be documented in the
				  patient's record.
(b) In this
				  section, "parent or guardian" includes a person authorized by law to consent
				  for the medical or dental treatment of a child younger than 18 years of
				  age.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.14 - Pediatric and Special Needs Case Management; Protective Stabilization

Current through Reg. 49, No. 28; July 12, 2024
(a) Parent or Guardian. In this section the
				  term "parent or guardian" refers to one of the following:
(1) the natural or biological father or
				  mother of a child with full parental legal rights;
(2) a custodial parent who in the case of
				  divorce has been awarded legal custody of a child;
(3) a person appointed by a court to be the
				  legal guardian of a minor child; or
(4) a foster parent - a non-custodial parent
				  caring for a child without parental support or protection who was placed by
				  local welfare services or a court order.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.15 - Emergency Preparedness

Current through Reg. 49, No. 28; July 12, 2024
A dentist shall maintain and annually update written
					 policies and procedures for responding to emergency
					 situations.