Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 102.
FEES
The Texas State Board of Dental Examiners (Board) adopts the repeal
of 22 TAC Chapter 102, §102.1, concerning fees charged by the Board,
and adopts new §102.1 to replace it without changes to the proposal as
published in the January 14, 2005, issue of the
Texas Register
(30 TexReg 69).
The new section contains language to enact certain fee requirements imposed
by Senate Bills 1152 and 263, §10 and §19, 78th Legislature. The
new section, compared to the previous iteration, also contains extensive revisions
to clarify and standardize language, and to improve organization.
Section 102.1(a)(4)(A) reflects the addition of the statutorily required
$5 online fee for dental licensees, changing the annual dental registration
renewal fee from $111 to $116.
Section 102.1(b)(4)(A) reflects the addition of the statutorily required
$3 online fee for dental hygiene licensees, changing the annual dental hygiene
registration renewal fee from $66 to $69.
Section 102.1(c)(1) reflects the addition of fees for the new dental assistant
registration program, in the amount of $50 for the initial registration, and
$25 for the annual renewal.
Section 102.1(c)(2) reflects a reduction in the fees for a pit and fissure
sealant certification, in order to help offset the cost to dental assistants
who wish to hold both a dental assistant registration and a pit and fissure
sealant certification. The initial registration fee has been reduced from
$50 to $25, and the annual renewal fee has been reduced from $50 to $15.
Section 102.1(d)(2)(B) reflects the addition of the statutorily required
annual $3.00 "e-pay" service fee for dental licensees.
There are no other substantive changes to the section.
No comments were received regarding either the adoption of the repeal or
the new section.
22 TAC §102.1
The repeal of §102.1 is adopted under Texas Government
Code §§2001.021, et seq; Texas Civil Statutes, Texas Occupations
Code §254.001, which provides the Board with the authority to adopt and
enforce rules necessary for it to perform its duties.
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 May 6, 2005.
TRD-200501841
Fread Houston
General Counsel
State Board of Dental Examiners
Effective date: May 26, 2005
Proposal publication date: January 14, 2005
For further information, please call: (512) 475-0987
22 TAC §102.1
The section is adopted under Texas Government Code §§2001.021,
et seq., Texas Civil Statutes, Texas Occupations Code §254.001, which
provides the Board with the authority to adopt and enforce rules necessary
for it to perform its duties.
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 May 6, 2005.
TRD-200501840
Fread Houston
General Counsel
State Board of Dental Examiners
Effective date: May 26, 2005
Proposal publication date: January 14, 2005
For further information, please call: (512) 475-0987
Subchapter B. PROCEDURES FOR INVESTIGATING COMPLAINTS
22 TAC §107.102
The Texas State Board of Dental Examiners (Board) adopts
amendments to 22 TAC Chapter 107, §107.102, concerning procedures for
investigating complaints, with changes to the proposed text as published in
the March 11, 2005, issue of the
Texas Register
(30
TexReg 1394). The amendments are to clarify and standardize language, and
to improve organization.
The adopted amendments remove from §107.102 subsections (g) - (j).
The language contained in those subsections addressed dismissal of cases,
and have been relocated to a new §107.103. The Board is concurrently
adopting new §107.103, the repeal of the current §107.103, and a
new §107.110 to contain the language that previously resided in §107.103.
The adopted amendments also more accurately reflect that the director of
enforcement may only recommend, and not dictate, the manner of disposition
of complaints.
The section as adopted differs from the section as initially proposed only
in that the title has been changed from "Procedures in Conduct of Investigation"
to "Procedures for Investigating Complaints."
There are no other substantive changes to the section.
No comments were received regarding adoption of the amendment.
The amendments are adopted under Texas Government Code §§2001.021,
et seq., Texas Civil Statutes; Texas Occupations Code §254.001, which
provides the Board with the authority to adopt and enforce rules necessary
for it to perform its duties.
§107.102.Procedures for Investigating Complaints.
(a)
An investigative file accounting for each complaint filed
with the SBDE shall be maintained under the supervision of the director of
enforcement.
(b)
Every complaint shall be reviewed by the director of enforcement
to determine jurisdiction. If jurisdiction exists, a complaint shall be investigated
to determine the facts concerning the complaint. All investigators shall be
state employees.
(c)
If, upon review, the investigation reveals an imminent
threat to a person's welfare, the case shall be referred to the executive
director, who shall determine whether or not to refer the case to the chairperson
of the executive committee of the board for consideration of temporary suspension,
pursuant to the Occupations Code, Chapter 263, §263.004.
(d)
During the course of an investigation, the complainant
shall be given an opportunity to explain or comment on the allegations made
in the complaint. At the initiation of the investigation, the respondent shall
be provided a copy of the complaint to facilitate a response, unless doing
so would jeopardize an investigation.
(e)
The parties to the complaint shall receive notice of the
complaint's status, at least quarterly, until final disposition of the complaint,
unless such notice would jeopardize an investigation.
(f)
Upon completion of the investigation, the director of enforcement
shall review the case. The director of enforcement may:
(1)
recommend dismissal of the complaint;
(2)
recommend the case be taken before the State Office of
Administrative Hearings;
(3)
recommend the case be taken before an informal settlement
conference;
(4)
recommend that the legal division prepare a proposed board
order;
(5)
refer the case for review by the board or a committee of
the board;
(6)
direct further investigation;
(7)
refer the case for review by a board member; or,
(8)
take other appropriate action or consideration in accordance
with SBDE rules and the Dental Practice Act.
(g)
The director of enforcement will not make a recommendation
in cases involving standard of care issues. Such cases shall be reviewed by
one board member, who must be a dentist.
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 May 6, 2005.
TRD-200501816
Fread Houston
General Counsel
State Board of Dental Examiners
Effective date: May 26, 2005
Proposal publication date: March 11, 2005
For further information, please call: (512) 475-0987
22 TAC §107.103
The Texas State Board of Dental Examiners (Board) adopts
the repeal of 22 TAC Chapter 107, §107.103, concerning compliance, without
changes to the proposal as published in the February 18, 2005, issue of the
The repeal allows for a new §107.103, regarding dismissal of complaints.
The Board is concurrently adopting a new §107.110 to contain the language
previously residing in §107.103. This restructuring will provide for
better structure and flow in the chapter.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Texas Government Code §§2001.021,
et seq., Texas Civil Statutes; Texas Occupations Code §254.001, which
provides the Board with the authority to adopt and enforce rules necessary
for it to perform its duties.
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 May 6, 2005.
TRD-200501817
Fread Houston
General Counsel
State Board of Dental Examiners
Effective date: May 26, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 475-0987
22 TAC §107.103
The Texas State Board of Dental Examiners (Board) adopts
new 22 TAC Chapter 107, §107.103, concerning dismissal of complaints,
with changes to the proposed text as published in the February 18, 2005, issue
of the
Texas Register
(30 TexReg 800).
The new section relocates language regarding dismissal that was previously
contained in §107.102, as well as to enact certain requirements imposed
by Senate Bill 263, §12, 78th Legislature, that amended Texas Occupations
Code §255.006.
Texas Occupations Code §255.006(d)(7) requires that the Board establish
procedures for the expunction of dismissed complaints. Section 107.103(d)
as adopted describes such a procedure.
The Board is concurrently adopting amendments to §107.102, the repeal
of the current §107.103, and a new §107.110 to contain the language
previously residing in §107.103.
The section as adopted differs from the section as initially proposed only
in that the title has been changed from "Dismissal of Cases" to "Dismissal
of Complaints," to be more consistent with the language of this and neighboring
sections.
No comments were received regarding adoption of the new section.
The section is adopted under Texas Government Code §§2001.021,
et seq., Texas Civil Statutes; Texas Occupations Code §254.001, which
provides the Board with the authority to adopt and enforce rules necessary
for it to perform its duties.
§107.103.Dismissal of Complaints.
(a)
Dismissal.
(1)
The director of enforcement may recommend dismissal of
a complaint if an investigation fails to reveal a violation.
(2)
If the director of enforcement recommends dismissal of
a complaint, he or she shall state, with specificity, the reason or reasons
for the recommended dismissal.
(3)
A complaint recommended for dismissal by the director of
enforcement shall be reviewed by a member of the enforcement committee. For
complaints involving patient morbidity, professional conduct, or minimum standard
of care, the reviewer must be a dentist member of the committee.
(4)
If the committee member does not recommend dismissal, the
complaint shall be forwarded to an informal settlement conference. If the
committee member agrees that the complaint should be dismissed, then the dismissal
shall be final.
(5)
All jurisdictional complaints shall be investigated. No
complaint shall be dismissed without appropriate consideration.
(6)
If a complaint is dismissed, the SBDE shall notify the
complainant within ten days of the date of the dismissal. The notice of dismissal
must be in writing, include the reason(s) for the dismissal and inform the
complainant of the right to appeal the dismissal. An appeal under this section
shall be considered a request for reconsideration of the dismissed complaint.
(7)
All complaints dismissed under this section must be reported
to the full board in a public meeting of the board.
(b)
Appeal.
(1)
The SBDE may hear an appeal in a dismissed complaint only
if new information or evidence is presented, the acceptance of such, if taken
as true, supports the original complaint.
(2)
The complainant must request reconsideration of a dismissed
complaint in writing, postmarked no later than twenty days from the date of
receipt of the SBDE's dismissal letter. The complainant is presumed and deemed
to be in receipt of the dismissal letter on the third day after the date on
which the dismissal letter is mailed.
(3)
A request for reconsideration of a dismissed complaint
shall not be considered by the SBDE unless it is timely submitted.
(4)
A request for reconsideration must contain the requirements
specified in this subsection.
(5)
Requests meeting the requirements of this subsection shall
be heard by the professional evaluation committee no later than sixty days
after the date the SBDE receives the request from the complainant requesting
reconsideration. This time frame may be extended upon good cause shown by
the SBDE. If the professional evaluation committee meets to reconsider the
complaint after this sixty-day period, the SBDE shall notify the complainant
in writing.
(6)
This subsection does not apply to complaints dismissed
by the full board pursuant to a recommendation from an informal settlement
conference panel.
(7)
All complaints dismissed by the full board may be appealed
in accordance with the Government Code.
(c)
Professional evaluation committee.
(1)
The professional evaluation committee shall consist of
three board members appointed by the presiding officer of the board, one of
whom must be a public member.
(2)
Complaints referred to the professional evaluation committee
by the board secretary or the board secretary's designee may be dismissed,
referred to an informal settlement conference or returned to the director
of enforcement for further investigation. The professional evaluation committee
may also propose an agreed board order imposing sanctions. All board orders
proposed by the professional evaluation committee shall include a statement
that the respondent should not agree to the order if he or she wants to explain
any part of his or her conduct in connection with the complaint.
(A)
Meetings of the professional evaluation committee are open
meetings as defined by the Open Meetings Act;
(B)
Only professional evaluation committee members and SBDE
staff may participate in discussions concerning any complaint. The members
may review and consider all information in the investigative file.
(C)
All determinations reached by the professional evaluation
committee involving reconsideration of an earlier dismissal by the SBDE are
final.
(d)
Expunging dismissed complaints.
(1)
The director of enforcement may, at his or her discretion,
recommend that a complaint be expunged from SBDE records on written request
from the respondent if:
(A)
The complaint has been dismissed under this section;
(B)
There has been no successful appeal;
(C)
There is no pending appeal;
(D)
At least 30 days has passed since the dismissal notice
letter was sent to the complainant; and,
(E)
The executive director has determined that the complaint
was clearly groundless and completely without merit.
(2)
A recommendation that a complaint be expunged shall be
reviewed by a member of the enforcement committee. For complaints involving
patient morbidity, professional conduct, or minimum standard of care, the
reviewer must be a dentist member of the committee. The determination of this
reviewer shall be final.
(3)
The expunging of any complaint under this subsection must
be reported to the full board at a public meeting of the board.
(4)
This subsection does not apply to complaints dismissed
by the full board pursuant to a recommendation from an informal settlement
conference panel.
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 May 6, 2005.
TRD-200501819
Fread Houston
General Counsel
State Board of Dental Examiners
Effective date: May 26, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 475-0987
22 TAC §107.110
The Texas State Board of Dental Examiners (Board) adopt new
22 TAC Chapter 107, §107.110, concerning compliance, without changes
to the proposed text as published in the February 18, 2005, issue of the
The new section relocates the language previously residing in §107.103,
the repeal of which the Board is concurrently adopting. This restructuring
provides for better structure and flow in the chapter.
The adopted text differs from the previous text in that it removes language
that has proven extraneous and over-specific in its description of the computer
database system to be employed for compliance purposes. The adopted language
also eliminates the need for the director of enforcement to coordinate with
the executive director and board secretary before initiating a complaint against
a licensee for non-compliance with a board order.
All other changes to the relocated language are solely for clarity and
grammatical purposes.
No comments were received regarding adoption of the section.
The section is adopted under Texas Government Code §§2001.021,
et seq., Texas Civil Statutes; Texas Occupations Code §254.001, which
provides the Board with the authority to adopt and enforce rules necessary
for it to perform its duties.
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 May 6, 2005.
TRD-200501818
Fread Houston
General Counsel
State Board of Dental Examiners
Effective date: May 26, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 475-0987
Chapter 107.
DENTAL BOARD PROCEDURES
Chapter 116.
DENTAL LABORATORIES