| (a) Procedures and amounts for administrative penalties portrayed in this rule apply generally to violations of the Dental Practice Act and/or Board rules except for violations of the continuing education requirements prescribed in the Dental Practice Act in Article 4544, §5, Texas Civil Statutes; Article 4551e, §5A, Texas Civil Statutes and in Chapter 104 of this title (relating to Continuing Education). Procedures and amounts for administrative penalties for failure to comply with continuing education requirements are set forth in §107.201 of this title (relating to Administrative Penalties for Continuing Education Violations). (b) Upon review of the completed investigation file and on the recommendation of the Board Secretary or his/her designee an administrative penalty may be imposed on a licensee or registrant for violation(s) of the Dental Practice Act and/or Board rules and regulations. (c) Administrative
penalties may be imposed for the following violation categories: (1) Advertising; (2) Utilizing an unregistered dental laboratory; (3) Failure to maintain a centralized inventory ledger for Controlled Substances; (4) Failure to complete the required continuing education hours; (5) Violating the terms and conditions of an issued Board Order; (6) Practicing dentistry or operating a registered dental laboratory with a delinquent license or registration certificate; (7) Failure to provide timely notice of a change of address; (8) Failure to maintain the dental office in a sanitary condition; (9) Failure to make, maintain, and keep adequate records of the diagnosis made and treatment performed for and upon each dental patient; (10) Failure to post the required consumer information;
(11) Failure to have at least one certified dental technician employed a minimum of 30 hours per week at a specific dental laboratory; (12) Other technical violations of the Dental Practice Act or the Board's rules and regulations that will not likely cause harm or danger to the public of Texas. (d) The penalty for a violation may be in the amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for the purposes of imposing a penalty. (e) The amount of penalty imposed shall be based on the following criteria: (1) The seriousness of the violation, including but not limited to, the nature, circumstances, extent, and gravity of the prohibited acts and the hazard or potential hazard created to the health, safety, or welfare of the public; (2) The economic damage to property or the environment caused by the violation;
(3) The history of previous violations; (4) The amount necessary to deter future violations; (5) Efforts to correct the violation; and (6) Any other matter that justice may require. (f) The amount of penalty imposed shall be based on a standardized penalty schedule as described below. Initial offense or repeat offenses shall be based on finalized administrative action: (1) First offense: $100 to $1,000 per violation for each day the violation continues or occurs; (2) Second offense: $100 to $2,500 per violation for each day the violation continues or occurs; and (3) Third offense: $100 to $5,000 per violation for each day the violation continues or occurs.
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