| (a) All information related to an investigation is
confidential, except that the agency shall provide information on
a quarterly basis to the Board and the Anesthesia Committee of the
Board, and to legislative offices upon request. This information shall
consist of de-identified, case specific data reflecting information
about jurisdictional, filed complaints involving sedation/anesthesia
that were resolved during the reporting period, including, at a minimum,
the following data points:
(1) Source of initial complaint -- public, other agency,
self-report of death, self-report of hospitalization, or initiated
by the Board.
(2) Information about licensee:
(A) Whether respondent is Medicaid provider;
(B) Respondent's highest sedation/anesthesia permit
level;
(C) Whether respondent holds portability privileges;
and
(D) Respondent's self-reported practice area.
(3) Information about patient:
(A) Patient ASA, as identified in respondent's dental
records and/or determined by Dental Review Panel;
(B) Patient age -- 13 and under, between 13 and 18,
between 19 and 75, and over 75;
(C) Location of the treatment investigated by the agency
-- dental office, hospital, ASC, office of other practitioner;
(D) Level of sedation/anesthesia administered -- Local,
Nitrous, I, II, III, IV (determined by Dental Review Panel);
(E) Sedation/anesthesia administrator -- respondent,
other dentist, MD, CRNA (determined by Dental Review Panel); and
(F) Whether treatment investigated by the agency was
paid by Medicaid.
(4) Information about investigation:
(A) Allegation categories identified in preliminary
investigation;
(B) Disposition of official investigation -- Dismissed
by Enforcement, Dismissed by Legal -- No Violation, Dismissed by Board
Vote, Closed by Administrative Citation/Remedial Plan/Disciplinary
Action; and
(C) If disposition is public action (Administrative
Citation, Remedial Plan, or Disciplinary Action), the violations identified
in the public action resolving the official investigation.
(b) In addition, the agency shall publish on its website
aggregate data related to the preceding fiscal year for each type
of license it issues. This aggregate data shall include, at a minimum,
the following data points related to the preceding fiscal year:
(1) Number of licensees at the end of the fiscal year;
(2) Average number of days to issue a license;
(3) Total number of complaints against licensees received
by the agency;
(4) Total number of jurisdictional complaints against
licensees filed by the agency;
(5) The resolution of all cases resolved in the fiscal
year:
(A) Nonjurisdictional;
(B) Jurisdictional, Not Filed;
(C) Dismissed by Agency;
(D) Dismissed by Board Vote;
(E) Closed by Administrative Citation;
(F) Closed by Remedial Plan;
(G) Warning;
(H) Reprimand;
(I) Probation;
(J) Suspension; and
(K) Revocation.
(6) For all jurisdictional, filed complaints resolved
in the fiscal year, the allegation category of the complaints, as
defined in §107.104;
(7) Number of cases that at the end of the fiscal year,
have been filed with the agency for longer than one year;
(8) Average administrative penalty assessed through
administrative citations issued in the fiscal year;
(9) Average administrative fine assessed through disciplinary
actions taken in the fiscal year;
(10) Number of cases heard at Informal Settlement Conferences
in the fiscal year;
(11) Number of cases resolved following Informal Settlement
Conference, without referral to SOAH, in the fiscal year;
(12) Number of cases referred to SOAH in the fiscal
year;
(13) Number of cases referred to SOAH and resolved
following mediation, in the fiscal year;
(14) Number of cases returned to the Board for disposition
on a default basis following referral to SOAH;
(15) Number of cases returned to the Board for consideration
of a Proposal for Decision following a contested case hearing at SOAH;
(16) Number of cases resolved in the fiscal year that
were appealed to District Court;
(17) Average number of days to investigate a complaint
from complaint received to investigation completed, for all complaints
received; and
(18) Average number of days to resolve a complaint
from complaint received to final order issued, for all complaints
received.
(c) In addition, the agency shall publish on its website
aggregate data related to the preceding fiscal year that addresses
adverse outcomes and complaints involving anesthesia. This aggregate
data shall include, at a minimum, the following data points related
to the preceding fiscal year:
(1) Number of jurisdictional, filed complaints involving
mortality and morbidity. Morbidity is defined as life-threatening
complications following a dental procedure or treatment;
(2) Total number of jurisdictional complaints against
dentists related to the standard of care in anesthesia, by level of
sedation/anesthesia permit held by the dentist, that were filed by
the Board in the preceding fiscal year; and
(3) For all anesthesia-related jurisdictional, filed
complaints identified in (2) above, the level of sedation/anesthesia
permit held by the dentist, the anesthesia-related complication identified
in the Board's investigation (if any), and the resolution of each
complaint:
(A) Nonjurisdictional
(B) Jurisdictional, Not Filed;
(C) Dismissed by Agency;
(D) Dismissed by Board Vote;
(E) Closed by Administrative Citation;
(F) Closed by Remedial Plan;
(G) Warning;
(H) Reprimand;
(I) Probation;
(J) Suspension; or
(K) Revocation.
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