22 Tex. Admin. Code § 107.101
Guidelines for the Conduct of Investigation
Effective Feb 24, 200530 TexReg 845Source Note: The provisions of this §107.101 adopted to be effective April 19, 1996, 21 TexReg 3181; amended to be effective February 11, 1999, 24 TexReg 692; amended to be effective November 30, 1999, 24 TexReg 10548; amended to be effective February 24, 2005, 30 TexReg 845.Texas Secretary of State
(a) Every complaint shall be classified into one or more of the following categories:
- (1) Quality 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) Professional Conduct: violations arising out of the day-to-day practice of dentistry, not including administrative requirements.
- (4) Administration: failure to follow the administrative requirements of the Dental Practice Act/and or the board's rules and regulations.
- (5) Dental Laboratories: violations of the Dental Practice Act and/or the board's rules and regulations pertaining to the operation of dental laboratories.
- (6) Business Promotion: violations arising out of efforts to obtain business, such as advertising and referral schemes.
- (b) Every complaint shall be assigned a priority classification. Priority 1 represents more serious allegations of violations, including Patient Mortality, Patient Morbidity, Practicing Without a License, and Sanitation. Priority 2 represents less serious threats to the public welfare, including records-keeping violations and Advertising.
- (c) Every investigation shall be evaluated by the director of enforcement to determine whether or not temporary suspension, in compliance with the Occupations Code, Chapter 263, §263.004 should be considered, in accordance with §107.102(c) of this chapter.
Source Note:The provisions of this §107.101 adopted to be effective April 19, 1996, 21 TexReg 3181; amended to be effective February 11, 1999, 24 TexReg 692; amended to be effective November 30, 1999, 24 TexReg 10548; amended to be effective February 24, 2005, 30 TexReg 845.