Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 107DENTAL BOARD PROCEDURES
SUBCHAPTER BCOMPLAINTS AND INVESTIGATIONS
RULE §107.106Confidentiality of Investigations
ISSUE 06/07/2024
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Investigation files and other records are confidential, except board staff shall inform the license holder of the specific allegations against the license holder.

(b)No employee, agent, or member of the board may disclose confidential information except in the following circumstances:

  (1)to another local, state or federal regulatory agency;

  (2)to local, state or federal law enforcement agencies;

  (3)to other persons if required during the course of the investigation;

  (4)to other entities as required by law; and

  (5)a person who has provided a statement may receive a copy of the statement.

(c)A final disciplinary action of the board is not excepted from public disclosure, including:

  (1)the revocation or suspension of a license/registration;

  (2)the placement on probation with conditions of a license/registration that has been suspended;

  (3)the reprimand of a licensee/registrant;

  (4)the issuance of a warning order to a licensee/registrant; [and]

  (5)a final cease and desist order issued to a non-licensee ;[.] and

   (6)an administrative penalty.

(d)A final public action of the board is not excepted from public disclosure, including[:]

  [(1)]a non-disciplinary remedial plan.[ ; and]

   [(2)an administrative penalty citation.]

(e)Files and other records collected during the investigation of a license application are confidential, except board staff shall maintain a public profile of each licensee that contains the following information:

  (1)License name and former last name;

  (2)License number;

  (3)License status;

  (4)License issue date;

  (5)License expiration date;

  (6)Primary address;

  (7)Information related to issuance of nitrous and sedation/anesthesia permits;

  (8)Area of practice reported by licensee/registrant;

  (9)Dental school and year of graduation; and

  (10)Year of birth.

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-202402316

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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