A licensed dentist shall conduct his practice on the highest plane
of honesty, integrity, and fair dealing. In order to safeguard the dental
health and welfare of the public and the dentist-patient relationship and
fix professional responsibility for dental services, no dentist or any other
licensee or certificate holder of the Board shall:
(1) circumvent or attempt to circumvent any provision of the
Texas Dental Practice Act or any rule, regulation, or order of the Board;
(2) participate, directly or indirectly in any plan, scheme,
or arrangement attempting or having as its purpose or result the evasion of
any provision of the Texas Dental Practice Act or any rule, regulation, or
order of the Board;
(3) fail to exercise reasonable diligence to prevent partners,
associates, and employees from engaging in conduct which would violate any
provisions of the Texas Dental Practice Act or any rule, regulation, or order
of the Board;
(4) permit or allow himself, his practice of dentistry, his
professional identification, or his services to be used or made use of, directly
or indirectly, or in any manner whatsoever, so as to create or tend to create
the opportunity for the unauthorized or unlawful practice of dentistry by
any person, firm, or corporation or for the practice of dentistry in violation
of any provision of the Texas Dental Practice Act or any rule, regulation,
or order of the Board;
(5) associate with or permit or allow the use of a dentist's
name, professional identification, office, or practice in any business, commercial,
or mercantile venture, project, or enterprise which the dentist or licensee
knows or by the exercise of reasonable diligence should have known is engaged
in acts, practices, or omissions which violate any provision of the Texas
Dental Practice Act or any rule, regulation, or order of the Board;
(6) divide, share, split, or allocate, either directly or indirectly,
any fee for dental services, appliances, or materials with another dentist
or with a physician, except upon a division of services or responsibility
and with the prior knowledge and approval of the patient; provided, however,
this section shall not be construed to prohibit partnerships for the practice
of dentistry.
(7) provide prescriptions for any medications to patients of
other dentists, who are part of an after hours call agreement with the license
holder, without first taking steps to determine that the individual is in
fact a patient of the other dentist. Such steps shall include determination
of patient's basic medical history, including name, when last seen by patient's
doctor, service performed and prescriptions written, if any.
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