Texas Register

RULE §101.11Employment by Estate of Dentist or Person Acting for Mentally Incompetent Dentist
ISSUE 06/22/2018
ACTION Proposed
Rule Withdrawn: 12/14/2018
Preamble Texas Admin Code Rule

(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 to:

  (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 to adopt.

Filed with the Office of the Secretary of State on June 8, 2018


W. Boyd Bush, Jr.

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: July 22, 2018

For further information, please call: (512) 475-0987

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