Part V. State Board of Dental Examiners
Chapter 107.
Subchapter B. Procedures for Investigating Complaints
The State Board of Dental Examiners adopts amendments to
§107.101, concerning guidelines for the conduct of investigations
without changes to the proposed text as published in the
December 11, 1998, issue of the Texas Register (23 TexReg
12629) and will not be republished.
The amended §107.101 establishes categories for dental complaints
as mandated by the Texas Legislature through the Dental
Practice Act.
The current §107.101 established seventeen categories of
complaints which included specific violations listed in the Dental
Practice Act. The rule as amended, has six categories that
are defined in the rule. This new approach will allow a more
meaningful assignment to a category. Under the old categories,
it was difficult to appropriately assign a category on the basis
of a review of the complaint, which often resulted in unintended
distortions of categories reported. For example, in excess of
forty percent of complaints were placed in the dishonorable
conduct group which rendered the use of categories essentially
meaningless, since far less than forth percent of complaints,
after investigation, include charges of dishonorable conduct.
The new categories are broad enough that complaints can be
assigned accurately on the basis of review of the complaint. The
amended rule will enable the Board to come to a more useful
understanding of the nature of all complaints filed. The Board
is of the opinion that the new categories more accurately reflect
the types of conduct over which the Board has jurisdiction.
No comments were received regarding adoption of the
amended rule.
The amended rule is adopted under Texas Government Code
§2001.021 et.seq; Texas Civil Statutes, Article 4548h, §(1)(e)(1)
which provides that the board shall distinguish categories of
complaints, and Article 4551d which provides the State Board
of Dental Examiners with the authority to adopt and promulgate
rules consistent with the Dental Practice Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the
agency’s legal authority.
Filed with the Office of the Secretary of State on January 22,
1999.
TRD-9900471
Douglas A. Beran, Ph.D.
Executive Director
State Board of Dental Examiners
Effective date: February 11, 1999
Proposal publication date: December 11, 1998
For further information, please call: (512) 463–6400
The State Board of Dental Examiners adopts amendments to
§107.102 concerning procedures in the conduct of investigations
without changes to the proposed text as published in the
December 11, 1998, issue of the Texas Register (23 TexReg
12630) and will not be republished.
The amended §107.102 provides for procedures in the conduct
of investigations of dental complaints as mandated by the Texas
Legislature through the Dental Practice Act.
The amended §107.102 is intended to ensure that the procedures
comply with the requirements of Article 4548h, §1 of the
Dental Practice Act. This current rule does not accurately
reflect the requirements set forth in the Dental Practice Act; the
amended rule does. This compliance will result in a clearer
understanding by the public of the rights and responsibilities of
the parties to a complaint that alleges a violation of the Dental
Practice Act and/or the Board rules and regulations.
No comments were received regarding adoption of the
amended rule.
The amended rule is adopted under Texas Government Code
§2001.021 et.seq; Texas Civil Statutes, Article 4548h, §1
which provides that the board shall adopt rules concerning
the processing of complaints and Article 4548h, §2(d) which
provides that the board, in certain circumstances, may suspend
a license temporarily, and Article 4551d which provides the
State Board of Dental Examiners with the authority to adopt
and promulgate rules consistent with the Dental Practice Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the
agency’s legal authority.
Filed with the Office of the Secretary of State on January 22,
1999.
TRD-9900472
Douglas A. Beran, Ph.D.
Executive Director
State Board of Dental Examiners
Effective date: February 11, 1999
Proposal publication date: December 11, 1998
For further information, please call: (512) 463–6400
Subchapter H. Health and Sanitation
The State Board of Dental Examiners adopts new §109.132
concerning access to a dental office without changes to the
proposed text as published in the December 11, 1998, issue
of the Texas Register (23TexReg12632) and will not be republished.
The effect of new §109.132 is that dentists who refuse access
to their dental premises could face the possibility of temporary
license suspension.
The new §109.132 provides that dentists who refuse access to
their premises to board investigators who are acting pursuant
to a sanitation complaint could have their practices temporarily
closed. The board is of the opinion that an unsanitary dental
office could pose a serious threat to the health and welfare of
the people of Texas. Presently, if a dentist refuses access to an
investigator who is acting pursuant to a sanitation complaint,
the Board has no effective recourse. In the meantime, the
unsanitary condition, if severe enough, poses a threat to the
health of patients. By operation of the rule, the board finds, or
will find, that refusal by a licensee to allow board investigators
access to investigate a complaint about unsanitary facilities
poses such a threat, if it continues unabated. It is anticipated
that the mere knowledge that a recalcitrant dentist might face
temporary suspension will result in cleaner offices. Article
4548h, §2(d) provides adequate procedural safeguards for the
property rights of the practitioner
No comments were received regarding adoption of the new rule.
The new rule is adopted under Texas Government Code
§2001.021 et.seq; Texas Civil Statutes, Article 4548h, §2(d)
which provides the State Board of Dental Examiners with the
authority to suspend temporarily a license if the Board, or an
executive committee of the Board, determines that continuation
of the practice would constitute a clear, imminent or continuing
threat to a person’s physical health, and Article 4551d, §(a)
which provides the board may adopt rules to control the spread
of infection in the practice of dentistry.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the
agency’s legal authority.
Filed with the Office of the Secretary of State on January 22,
1999.
TRD-9900473
Douglas A. Beran, Ph.D.
Executive Director
State Board of Dental Examiners
Effective date: February 11, 1999
Proposal publication date: December 11, 1998
For further information, please call: (512) 463–6400
22 TAC §107.102
Chapter 109. Conduct