(a)Dental Records. Upon request by board staff, a
dental custodian of records shall provide copies of dental records
or original records. Board staff may require a dental custodian of
records to submit records immediately if required by the urgency of
the situation or the possibility that the records may be lost, damaged,
or destroyed.
(b)Response to Board Requests. In addition to the
requirements of responding or reporting to the board under this section,
a licensee/registrant shall respond in writing to all written board
requests for information within ten days of receipt of such request.
(c)Business Records Affidavits. Dental records must
be provided under a business records affidavit or as otherwise required
by board staff.
(d)Failure to Comply.
(1)Administrative Penalty. Failure to comply with
board staff's request for records or information may be grounds for
the issuance of an administrative penalty [citation] pursuant
to §264.001 [§254.0115] of the Act.
(2)Disciplinary Action. Failure to comply with board
staff's request for records or information may be unprofessional and
dishonorable conduct that is subject to disciplinary action by the
board pursuant to §263.002 of the Act.
(3)Civil Penalty. Failure to comply with board staff's
request for records and other evidence or failure to comply with other
law regulating dental patient records may be subject to a civil penalty
pursuant to §258.0511 and §264.101 of the Act.
(4)Criminal penalty. Failure to comply with board
staff's request for records and other evidence or failure to comply
with other law regulating dental patient records, in violation of §258.0511,
is a criminal offense pursuant to §264.152 of the Act.
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 May 22, 2024
TRD-202402315 Lauren
Studdard
General Counsel
State Board of Dental Examiners
Earliest possible date of adoption: July 7, 2024
For further information, please call: (512) 305-8910
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