(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 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.
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