PURPOSE: This rule establishes a procedure and guidelines regarding reports required from hospitals or ambulatory surgical centers by section 383.133, RSMo concerning any final disciplinary action against a dentist licensed under Chapter 332, RSMo or the voluntary resignation of any such dentist.

1. (1) The Missouri Dental Board shall receive and process any report from a hospital or ambulatory surgical center concerning any final disciplinary action against a dentist licensed under Chapter 332, RSMo or the voluntary resignation of any such dentist against whom any complaints or reports have FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

been made which might have led to disciplinary action.

1. (2) Reports to the board shall be in writing and shall comply with the minimum requirements as set forth in section 383.133.2, RSMo and this rule. The information shall include, but not be limited to:

   1. (A) The name, address and telephone number of the person making the report;
   2. (B) The name, address and telephone number of the person who is the subject of the report;
   3. (C) A brief description of the facts which gave rise to the issuance of the report, including the dates of occurrence deemed to necessitate the filing of the report;
   4. (D) If court action is involved and known to the reporting agent, the identity of the court, including the date of filing and the docket number of the action;
   5. (E) A statement as to what final action was taken by the institution; and
   6. (F) The Missouri Dental Board will assume that all reports received from hospitals or ambulatory surgical centers will be treated as under section 383.133, RSMo.
2. (3) The hospital chief of staff, or person in a comparable position, shall report any actions as described in section (1) to the chief executive officer. Any activity that is construed to be a cause for disciplinary action according to section 332.021, RSMo shall be deemed reportable to the board. Nothing in this rule shall be construed as limiting or prohibiting any dentist from reporting a violation of the Dental Practice Act directly to the Missouri Dental Board.

3. (4) In response to a written or verbal inquiry from a hospital or ambulatory surgical center regarding reports received by the board on a specific dentist, the board shall provide the following information:

   1. (A) Whether any reports have been received;
   2. (B) The nature of each report; and
   3. (C) The action which the board took on each report or if the board has taken action on the report.
4. (5) Each report received shall be acknowledged in writing. The acknowledgment shall state that the report is being reviewed by the board or an appropriate board subcommittee for consideration. The institution shall subsequently be informed in writing as to whether the report has been dismissed by the board or is being referred to legal counsel for filing with the Administrative Hearing Commission or for other legal action. The institution may be notified of the ultimate disposition of the report excluding judicial appeals.

AUTHORITY: section 332.031, RSMo 1986.* This rule originally filed as 4 CSR 110-2.220. Original rule filed May 3, 1988, effective July 28, 1988. Moved to 20 CSR 2110-2.220, effective Aug. 28, 2006.

*Original authority: 332.031, RSMo 1969, amended 1981.