Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 108PROFESSIONAL CONDUCT
SUBCHAPTER FCONTRACTUAL AGREEMENTS
RULE §108.74Ownership, Maintenance, and Operation of a Dental Practice
ISSUE 03/20/2015
ACTION Proposed
Rule Withdrawn: 09/21/2015
Preamble Texas Admin Code Rule

(a)Pursuant to §251.003(a)(4) of the Dental Practice Act, a person practices dentistry if the person owns, maintains, or operates an office or place of business in which the person employs or engages under any type of contract another person to practice dentistry. The dentist owner shall be legally responsible and liable for compliance with the Dental Practice Act and Board Rules.

(b)Pursuant to §259.004(b) of the Dental Practice Act, a person who practices dentistry and has another dentist practicing under the person is responsible for all professional acts performed under the name of the person, regardless of whether the dentist has an ownership interest or an employment or contractual relationship. This does not affect an individual license holder's responsibilities and rights under this subtitle, and the Board may take disciplinary action against both the dentist under whose name others are practicing dentistry and the persons practicing dentistry under the dentist's name, for violations of the Dental Practice Act and Board Rules committed by the persons practicing dentistry.

(c)Pursuant to §259.004(c) of the Dental Practice Act, a licensed dentist may maintain more than one office in this state so long as the dentist assumes full legal responsibility and liability for the dental services provided in each office and complies with the requirements prescribed by Board Rules. Dental services include acts or services that are regulated under the Dental Practice Act and Board Rules.

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 March 3, 2015

TRD-201500737

Julie Hildebrand

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: April 19, 2015

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



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