(a) Statutory Authorization and Purpose. Pursuant to
Texas Occupations Code §263.0074, the Board shall dismiss baseless
or unfounded complaints through the procedures described in subsections
(c) and (d) of this section. If the Board determines that the complaint
is not baseless or unfounded, the complaint shall be resolved through
the procedures outlined in §107.200 of this title (relating to
Disposition of a Filed Complaint).
(b) Definitions. The definitions provided in §107.100
of this title (relating to Definitions) shall apply to this section.
(c) Baseless or Unfounded Complaints. Within the first
one-hundred-eighty days after the Board commences official investigation
of a complaint, Board staff shall identify the classification of allegations
in the complaint pursuant to §107.104 of this title (relating
to Official Investigation of a Complaint) and determine if the complaint
is baseless or unfounded by applying the following criteria:
(1) Failure to Specify a Violation of the Standard
of Care. If the complaint submitted to the Board does not specify
a procedure or service provided by the Respondent that may fall below
the standard of care, Board staff shall dismiss the complaint.
(2) Failure to Describe a Sanitation Violation. If
the complaint submitted to the Board does not describe conditions
in the Respondent's practice that may violate laws or Board rules
related to the sanitation of a dental office, Board staff shall dismiss
the complaint.
(3) Failure to Describe Dishonorable Conduct. If the
complaint submitted to the Board does not describe conduct by the
Respondent which may be considered dishonorable under laws or Board
rules, Board staff shall dismiss the complaint.
(4) Failure to Identify an Administrative Violation.
If the complaint submitted to the Board does not identify a violation
of the administrative requirements of the laws and Board rules related
to licensure as a dentist or dental hygienist or registration as a
dental assistant, Board staff shall dismiss the complaint.
(5) Failure to Describe a Business Promotion Violation.
If the complaint submitted to the Board does not describe business
promotion activities by the Respondent that may represent a violation
of the laws and Board rules regarding business promotion, Board staff
shall dismiss the complaint.
(6) Failure to Establish Practice of Dentistry without
a License. If the complaint submitted to the Board does not provide
sufficient detail to establish that the Respondent may have practiced
dentistry or dental hygiene without a license, or that Respondent
may have practiced as a dental assistant or dental laboratory without
a registration, Board staff shall dismiss the complaint.
(7) Failure to Identify a Person or Entity Subject
to Board Jurisdiction. If the complaint submitted to the Board does
not provide sufficient information to identify a Respondent who is
a person or entity subject to the jurisdiction of the Board, or if
the complaint alleges standard of care, sanitation, dishonorable conduct,
administrative, or business promotion allegations against a deceased
or unlicensed/unregistered Respondent, Board staff shall dismiss the
complaint. Nothing in this section shall be construed to prohibit
the Board from utilizing the complaint and associated information
to pursue action against an unlicensed person for the practice of
dentistry or dental hygiene without a license, or from providing the
complaint and associated information to the appropriate state agency
with jurisdiction over the person identified in the complaint.
(d) Notification and Record of Complaint Dismissal.
The Board shall provide a notice to the person who filed the baseless
or unfounded complaint identifying the reasons for dismissal from
subsection (c) of this section. The Board shall also retain in the
records of each baseless or unfounded complaint the reason for the
dismissal from subsection (c) of this section.
|