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(a)The initial reviewer shall review all the relevant
information and records collected by the agency and determine whether
the respondent has violated the standard of care applicable to the
circumstances and issue a preliminary written report of that determination.
(b)The second reviewer shall review the initial reviewer's
preliminary report and all the relevant information and records collected
by the agency and determine whether the respondent has violated the
standard of care applicable to the circumstances. If the second reviewer
agrees with the conclusions of the initial reviewer, the second reviewer
shall inform the initial reviewer and the initial reviewer shall issue
a final written report on the matter. If the second reviewer does
not agree with the conclusions of the initial reviewer, the second
reviewer shall issue a secondary written report of his determination.
(c)If the initial and second reviewer do not agree
on the determination, a third reviewer will be necessary. The third
reviewer shall review the preliminary and secondary report and all
the relevant information and records collected by the agency and determine
whether the respondent has violated the standard of care applicable
to the circumstances and issue a final written report of that determination.
The final written report shall be issued by the third reviewer or
the reviewer with whom the third reviewer concurs.
(d)The written reports shall include the following:
(1)the general qualifications of each reviewer; and
(2)the opinions of each reviewer regarding:
(A)the relevant facts concerning the dental care rendered;
(B)the applicable standard of care;
(C)the application of the standard of care to the
relevant facts;
(D)a determination of whether the standard of care
has been violated; and
(E)the clinical basis for the determinations, including
any reliance on peer-reviewed journals, studies, or reports.
(e)The reviewers may consult and communicate with
each other in formulating their opinions and reports.
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 7, 2016
TRD-201601138 Nycia Deal
General Counsel
State Board of Dental Examiners
Earliest possible date of adoption: April 17, 2016
For further information, please call: (512) 475-0977
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