| (a) The board may issue and establish the terms of
a non-disciplinary remedial plan to resolve the investigation of a
complaint.
(b) A remedial plan may not contain a provision that:
(1) revokes, suspends, limits, or restricts a person's
license or other authorization to practice dentistry or dental hygiene;
or
(2) assesses an administrative penalty against a person.
(c) A remedial plan may not be imposed to resolve a
complaint:
(1) concerning:
(A) a patient death;
(B) the commission of a felony; or
(C) a matter in which the license holder engaged in
inappropriate sexual behavior or contact with a patient or became
financially or personally involved with a patient in an inappropriate
manner; or
(2) in which the appropriate resolution may involve
a restriction on the manner in which a license holder practices dentistry
or dental hygiene.
(d) The board may not issue a remedial plan to resolve
a complaint against a license holder if the license holder has entered
into a remedial plan with the board in the preceding five years.
(e) The board may assess a fee against a license holder
participating in a remedial plan in an amount necessary to recover
the costs of administering the plan.
(f) A remedial plan is public information.
(g) For all remedial plans issued on or after September
1, 2021, on or after the fifth anniversary of the date a remedial
plan is issued under this section, the board may remove from the board's
public Internet website any public information regarding the dentist
or dental hygienist with respect to the plan and the complaint resolved
by the plan, unless:
(1) the complaint was related to the delivery of health
care; or
(2) more than one remedial plan has been issued to
resolve complaints alleging the same violation by the dentist or dental
hygienist, including a complaint not related to the delivery of health
care.
(h) To request the removal of a remedial plan under
subsection (g) of this section, a dentist or dental hygienist must
submit a request in writing to the General Counsel of the board. The
request must include:
(1) the specific case number of which removal is requested;
and
(2) proof that the dentist or dental hygienist complied
with and successfully completed the terms of the remedial plan of
which removal is requested.
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