- (a) A complaint received by the board must be reviewed by board staff to determine jurisdiction. A complaint shall be jurisdictional if the subject of the complaint is a licensee or is practicing dentistry without a license. The board may not consider a complaint that is filed with the board after the fourth anniversary of the date the act that is the basis of the complaint occurred; or the complainant discovered, or in the exercise of reasonable diligence should have discovered, the occurrence of the act that is the basis of the complaint.
- (b) Board staff shall determine whether the continued practice by a licensee or the continued performance by a licensee of a procedure for which the person holds a license or registration would constitute a clear, imminent or continuing threat to a person's physical health or well-being. If such determination is made, board staff shall refer such complaint to the board or executive committee for the temporary suspension of the license or registration pursuant to §263.004 of the Dental Practice Act.
- (c) If the board has jurisdiction, board staff shall complete a preliminary inquiry of the complaint not later than the 60th day after the date of receiving the complaint. If the complaint alleges a violation of the standard of care, the staff member conducting the preliminary inquiry of the complaint shall be or shall consult with a licensed dentist or dental hygienist.
- (d) During this preliminary inquiry, board staff may make reasonable efforts to contact the complainant concerning the complaint. Any additional information received from the complainant will be added to the information maintained on the complaint.
- (e) During this preliminary inquiry, the subject licensee may be given the opportunity to respond to the allegations. If the subject licensee is given this opportunity, the response must be received within the time prescribed by board staff. Any additional information received from the subject licensee will be added to the information maintained on the complaint.
- (f) At the conclusion of the preliminary inquiry, board staff shall determine whether there is probable cause to officially proceed on the complaint.
- (g) If the board fails to complete the preliminary inquiry in the time required by this section, the board's official investigation of the official complaint is considered to commence on that date.
Source Note:The provisions of this §107.101 adopted to be effective December 10, 2013, 38 TexReg 8832.