Texas Register

TITLE 22 EXAMINING BOARDS
PART 5TEXAS STATE BOARD OF DENTAL EXAMINERS
CHAPTER 108PROFESSIONAL CONDUCT
SUBCHAPTER APROFESSIONAL RESPONSIBILITY
RULE §108.15Notification of Discontinuance of Practice
ISSUE 07/04/2014
ACTION Proposed
Rule Withdrawn: 08/25/2014
Preamble Texas Admin Code Rule

(a)Required Notification of Discontinuance of Practice. Except as provided for in subsection (e) of this section, when a dentist retires, relocates his or her dental practice, terminates employment, or otherwise leaves a dental practice, he or she is responsible for:

  (1)ensuring that patients seen by the dentist within the last two (2) years receive notification of the date of discontinuance of practice and are given the opportunity to obtain copies of their records or arrange for the transfer of their dental records to another dentist as provided in §108.8 of this title (relating to Records of the Dentist); and

  (2)notifying the Board within thirty (30) days from the date when the dentist is terminating practice, retiring, or relocating; specifying who has ownership of the records, and how the dental records may be obtained, if no longer available to patients; and providing to the Board the information required in §108.10 of this title (relating to Notification of Change of Information).

(b)Method of Notification.

  (1)If the dentist is notifying their patients at least sixty (60) days in advance, notification shall be accomplished by sending a letter via first-class mail. The letter must be made part of the patient record.

  (2)If notifying less than sixty (60) days in advance, notification shall be accomplished by sending a letter via certified mail or hand delivery. The letter must be made part of the patient record.

(c)Prohibition Against Interference.

  (1)Other licensed dentists remaining in the practice shall not prevent the departing dentist from providing notice under subsection (b) of this section unless the departing dentist is excepted from providing notice of his or her departure under subsection (e) of this section.

  (2)A dentist, dental group, or other entity employing a departing dentist or engaging a departing dentist under any type of contract shall not withhold information from a departing dentist that is necessary for notification of patients, unless the departing dentist is excepted from providing notice of his or her departure under subsection (e) of this section.

(d)Voluntary Surrender or Revocation of Dentist's License.

  (1)Except as provided for in subsection (e) of this section, dentists who have voluntarily surrendered their licenses or have had their licenses revoked by the board must notify their patients, consistent with subsection (b) of this section, within thirty (30) days of the effective date of the voluntary surrender or revocation.

  (2)Dentists who have voluntarily surrendered their licenses or have had their licenses revoked by the board must enter into a written transfer of records agreement as described in §108.8(e)(2) of this title within thirty (30) days of the effective date of the voluntary surrender or revocation.

(e)Exceptions to Required Notification of Discontinuance of Practice.

  (1)A dentist is not required to provide notice of his or her discontinuation of practice to patients treated pursuant to a locum tenens position at a practice location, if the dentist was treating such patients during a period of no longer than six (6) months at that location.

  (2)For the purpose of this section, "locum tenens" is defined as a position in which a dentist is employed or contracted on a temporary or substitute basis to provide dental services.

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 17, 2014

TRD-201402799

Sarah Carnes-Lemp

General Counsel

Texas State Board of Dental Examiners

Earliest possible date of adoption: August 3, 2014

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



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