(a)Texas Occupations Code, Title 3, Subtitle D, does
not prevent a person who is the administrator or executor of the estate
of a dentist or a person who is legally authorized to act for a dentist
adjudicated to be mentally incompetent from employing a licensed dentist
to:
(1)carry on the deceased or mentally incompetent dentist's
practice for a reasonable period, as determined by the Board; or
(2)conclude the affairs of the practice, including
the sale of any assets.
(b)Texas Occupations Code, Title 3, Subtitle D, does
not prevent a licensed dentist from working for a person described
by subsection (a) of this section during the administration of the
estate or the period of incompetency.
(c)For purposes [of subsection (a)(1)]
of this section, "reasonable period" means a period of no more than
twelve (12) months from the date of the dentist's death or the date
the dentist is lawfully determined to be mentally incompetent, whichever
is applicable.
(d)This subsection provides for the
designation or appointment of a person as custodian of a dentist's
billing or dental patient records if the dentist dies, becomes mentally
or physically incapacitated, or abandons such records.
(1)If a dentist to whom this subsection applies has
entered into a records transfer agreement in compliance with the provisions
of 22 TAC §108.8(e)(2) (relating to Records of the Dentist),
the custodian of records under this subsection is the person designated
as the transferee under that agreement.
(2)If a dentist to which this subsection applies has
not entered into a records transfer agreement in compliance with 22
TAC §108.8(e)(2), the dentist may, upon initial licensure as
a dentist, and at each renewal period, designate a custodian of records
who shall act as temporary or permanent custodian for the dentist
in the event of the dentist's death, incapacity or abandonment of
the records. A custodian of records designated under this paragraph
shall maintain the records in a manner consistent with 22 TAC §108.8
and is responsible for complying with 22 TAC §108.8(f) and (g).
(3)A custodian of records to which this subsection
applies may be:
(A)employed by the administrator or estate of the
dentist in the event of death or mental or physical incapacitation
of the dentist; or
(B)designated as needed:
(i)during an unexplained disappearance of the dentist;
or
(ii)in the event of the abandonment of the dentist's
patients without reasonable cause.
(e)If a licensed dentist has designated
a person under subsection (d) of this section who is not a licensed
dentist as a custodian of records, that person may serve as the custodian
for a reasonable period of time as defined in subsection (c) of this
section, and must ensure safe transfer of the patient records to each
patient or another licensed dentist as soon as reasonably practicable.
(f)Should a custodian of records
designated under subsection (d) of this section be unable to serve
as custodian of records, or if a dentist to whom subsection (d) applies
has not entered into a records transfer agreement as provided by subsection
(d)(1) and has failed to designate a custodian under subsection (d)(2)
for the dentist's most recent license period, the Board shall review
and attempt to appoint an available custodian of records in the immediate
area of the dentist's practice who may serve as custodian. The Board
shall prioritize the security of patient health information and access
to dental records.
(g)A custodian of records designated
or appointed under this rule shall not be held responsible for any
violations of the Dental Practice Act or Board rules occurring before
the custodian is in possession of the licensed dentist's patient records,
or any violations attributable to the actions of the licensed dentist
who previously held the patient records. Designation or appointment
as a custodian of records under this rule does not create a dentist-patient
relationship between the custodian and patients of the licensed dentist.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on January 4, 2019
TRD-201900022 W. Boyd Bush, Jr.
Executive Director
State Board of Dental
Examiners
Earliest possible date of adoption: February 17, 2019
For further information, please call: (512) 305-9332
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