(a)Each licensee shall attest on the annual renewal application that he/she is in compliance with the statutory requirements for continuing education. (b)Falsification of a continuing education attestation is a violation of the Dental Practice Act and such false certification or the failure to attend and complete the required number of continuing education hours shall subject the dentist or dental hygienist to disciplinary action. (c)If it appears that the licensee has falsified the attestation, that matter will be referred to the Director of Enforcement of the State Board of Dental Examiners for proceeding as set forth in §107.100 of this title (relating to Receipt, Processing, and Coordination of Complaint), §107.101 of this title (relating to Guidelines for the Conduct of Investigation) and the Dental Practice Act. [(d)If a licensee fails to provide documentation of completion of continuing education as required in Rule 104.1, of this title (relating to Requirement), the licensee will be allowed a 90 day period to cure the deficiency. Disciplinary action resulting from such failure will take one of two forms:] [(1)if on or before the last day of the period of time allowed to cure, proof of completion of the deficiency is filed in the office of the State Board of Dental Examiners, an administrative penalty as provided in Article 4548j, Texas Civil Statutes and Rule 107.201, of this title, (relating to Administrative Penalties for Continuing Education Violations) will be proposed. In the event of an appeal of such administrative penalty as provided under the Administrative Procedure Act, the Board will seek to double the penalty and seek the cost of administrative hearing before the State Office of Administrative Hearing (SOAH).] [(2)if on or before the last day of the period of time allowed to cure, proof of completion of the deficiency is not filed in the office of the State Board of Dental Examiners, the board will seek revocation of license.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 21, 2000
TRD-200000425 Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 5, 2000
For further information, please call: (512) 463-6400
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