(a)Texas Occupations Code, Title 3, Subtitle D, does
not prevent a person who is the administrator or executor of the estate
of a dentist or a person who is legally authorized to act for a dentist
adjudicated to be mentally incompetent from employing a licensed dentist
(1)carry on the deceased or mentally incompetent dentist's
practice for a reasonable period, as determined by the Board; or
(2)conclude the affairs of the practice, including
the sale of any assets.
(b)Texas Occupations Code, Title 3, Subtitle D, does
not prevent a licensed dentist from working for a person described
by subsection (a) of this section during the administration of the
estate or the period of incompetency.
(c)For purposes [
|of subsection (a)(1)]
of this section, "reasonable period" means a period of no
more than twelve (12) months from the date of the dentist's death
or the date the dentist is lawfully determined to be mentally incompetent,
whichever is applicable.
(d)Upon initial licensure as a dentist,
and at each renewal period, a licensed dentist shall designate a custodian
of records who shall act as temporary or permanent custodian for the
dentist in the event of death or incapacity. This custodian of records
may be employed by the administrator or estate of the dentist in the
event of death or mental or physical incapacitation of the dentist.
The custodian of records may also be appointed as needed during an
unexplained disappearance of the dentist, or the abandonment of the
dentist's patients without reasonable cause. If a licensed dentist
has designated a person who is not a licensed dentist as a custodian
of records, that person may serve as the custodian for a reasonable
period of time as defined in subsection (c) of this section, and must
ensure safe transfer of the patient records to each patient or another
licensed dentist as soon as reasonably practicable.
(e)Should the custodian of records
designated in subsection (d) of this section be unable to serve as
custodian of records, the Board shall review and attempt to appoint
an available custodian of records in the immediate area of the dentist's
practice who may serve as custodian. The Board shall prioritize the
security of patient health information and access to dental records.
(f)A custodian of records designated
or appointed under this rule shall not be held responsible for any
violations of the Dental Practice Act or Board rules occurring before
the custodian is in possession of the licensed dentist's patient records,
or any violations attributable to the actions of the licensed dentist
who previously held the patient records. Designation or appointment
as a custodian of records under this rule does not create a dentist-patient
relationship between the custodian and patients of the licensed dentist.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
Filed with the Office
of the Secretary of State on June 8, 2018
W. Boyd Bush, Jr.
State Board of Dental Examiners
Earliest possible date of adoption: July 22, 2018
For further information, please call: (512) 475-0987