(a)Once an official investigation commences, board
staff shall notify the complainant and respondent of the filing of
the complaint and the commencing of the official investigation. The
complainant and the respondent shall receive notice of the complaint's
status, at least quarterly, until final disposition of the complaint,
unless such notice would jeopardize an investigation.
(b)The official investigation of a complaint may include
referral to a panel of experts for review.
(c)As of September 1, 2016, board staff shall classify
each filed complaint into one or more of the following allegation
categories:
(1)Standard of Care: failure to treat a patient according
to the standard of care in the practice of dentistry or dental hygiene.
(2)Sanitation: failure to maintain the dental office
in a sanitary condition.
(3)Dishonorable Conduct: unprofessional or dishonorable
conduct, including conduct identified in §108.9 of this title
(related to Dishonorable Conduct).
(4)Administrative: failure to comply with administrative
requirements of the Act or board rules.
(5)Business Promotion: failure to comply with the
requirements of the Act or board rules relating to advertising and
referral schemes.
(6)Practicing Dentistry without a License.
(7)Non-compliance: failure to comply or timely comply
with an Order or Remedial Plan issued by the board.
(d)Board staff shall assign each filed complaint a
priority classification, as follows:
(1)Priority 1 includes allegations that [
of dental treatment causing serious patient harm, impairment, serious
criminal activity, inappropriate contact with a patient, and other
allegations determined by the Director of Investigations to]
require an expedited investigation or consideration of temporary suspension
of license or permits. [pursuant to §263.004 of the
Act.]
(2)Priority 2 includes [record-keeping violations,
administrative violations, allegations of practicing dentistry without
a license that do not allege serious patient harm, and other]
allegations that require an expedited investigation. [do
not allege serious patient harm.]
(3)Priority 3 includes investigations
that require a standard investigation.
(4)[(3)] A complaint's priority
classification may be changed when appropriate. [following
approval of the Director of Investigation or the Dental Director.]
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 September 29, 2017
TRD-201703956 Kelly
Parker
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: November 12, 2017
For further information, please call: (512) 475-0977
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