Texas Register

RULE §108.8Records of the Dentist
ISSUE 06/27/2014
ACTION Proposed
Preamble Texas Admin Code Rule

(a)(No change.)

(b)A Texas dental licensee practicing dentistry in Texas shall make, maintain, and keep adequate dental records [of the diagnoses made and the treatments performed] for and upon each dental patient for reference, identification, and protection of the patient and the dentist. Records shall be kept for a period of not less than five years from the last date of treatment by the dentist. If a patient was younger than 18 years of age when last treated by the dentist, the records shall be maintained by the dentist until the patient reaches age 21 or for five years from the date of last treatment, whichever is longer. Dentists shall retain records for a longer period of time when mandated by other federal or state statute or regulation. Records must include documentation of the following:

  (1) - (5)(No change.)

(c)Further, records must include documentation of the following when services are rendered:

  (1)Written review of medical history and limited physical evaluation [review of medical exam];

  (2) - (12)(No change.)

(d)(No change.)

(e)A dentist who leaves a location or practice, whether by retirement, sale, transfer, termination of employment or otherwise, shall maintain all dental records belonging to him or her, make a written transfer of records to the succeeding dentist, or make a written agreement for the maintenance of records.

  (1)(No change.)

  (2)A dentist who enters into a written transfer of records agreement shall notify the State Board of Dental Examiners in writing within fifteen (15) days of a records transfer agreement. The notification shall include, at a minimum, the full names of the dentists involved in the agreement, include the locations involved in the agreement, and specifically identify what records are involved in the agreement. The agreement shall transfer ownership of the records. A transfer of records agreement may be made by agreement at any time in an employment or other working relationship between a dentist and another entity. Such transfer of records may apply to all or any part of the dental records generated in the course of the relationship, including future dental records. A dentist who assumes ownership of the records pursuant to this paragraph shall maintain the records in a manner consistent with this section and is responsible for complying with subsections (f) and (g) of this section.

  (3)(No change.)

(f) - (g)(No change.)

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 11, 2014


Sarah Carnes-Lemp

General Counsel

State Board of Dental Examiners

Earliest possible date of adoption: July 27, 2014

For further information, please call: (512) 475-0977

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