1. (a) Upon receipt of a complaint and in order to provide proper statistical and/or a reporting mechanism, the alleged complaint violation(s) shall be classified into one or more of the following 17 categories defined as follows.

   1. (1) Abandonment--Discontinuing treatment of a patient without timely notice whereby the patient is unable to provide for continued treatment.
   2. (2) Advertising--Advertising through false, misleading, and deceptive statements, whether in person and/or via a print or nonprint medium.
   3. (3) Allowing the Auxiliary to Practice Dentistry--Allowing an auxiliary person to perform dental services which are reserved for licensed dentists or dental hygienists.
   4. (4) Dishonorable Conduct--Conduct which brings discredit upon the dental profession.
   5. (5) Failure to Abide with Rules/Regulations--A violation of the day-to-day practice of dentistry, including but not limited to, the failure to use proper protection (e.g., lead apron) while taking radiographs, fair dealing, and/or special knowledge requirements cited in §109.122 of this title (relating to Special Knowledge).
   6. (6) Fee dispute--Unless involved in fraud or other extenuating circumstances, this type of violation usually is outside the jurisdiction of the Board.
   7. (7) Fraud--Attempting or practicing financial gain through deception, misrepresentation, and/or illegal means in the course of providing dental treatment. Fraud also includes the waiving of the insurance co-payment.
   8. (8) Impairment--Impaired due to self-abuse of drugs, alcohol abuse, and/or the use of Nitrous Oxide.
   9. (9) Controlled Substances and Prescriptions--Promoting or furthering addiction, violation of record keeping rules, prescribing for non-dental purposes, and/or over prescribing of controlled substances.
   10. (10) Negligence--Dental treatment considered to be below the standard (parameters) of care based on second opinion evaluations.
   11. (11) Patient Abuse--The mistreatment of a patient--verbally or physically.
   12. (12) Patient Death--As specified in §109.177 of this title (relating to Report of Injury (Morbidity) or Death (Mortality) in the Dental Office or Hospital), a requirement to submit a written report within 30 days after the death of a patient as a result of dental treatment.
   13. (13) Patient Hospitalization--As in "Patient Death," a requirement to submit a written report of a patient's hospitalization as a result of dental treatment whose hospitalization was not in the normal course of dental treatment. This includes any injury (morbidity) or incident in the dental office.
   14. (14) Practicing Dentistry Without a License (PDWOL)--Practicing dentistry without a Texas dental license as defined in Article 4551a, Dental Practice Act.
   15. (15) Operating a Dental Laboratory Without Registration (ODLWOR)--Any dental laboratory (in-state or out-of-state) providing services without being registered with the Board.
   16. (16) Probation Violation/Non-Compliance--Violation of a Board Order requirement.
   17. (17) Sanitation--Failure to maintain a sterile, clean dental office environment; failure to follow appropriate infection control procedures.
2. (b) Upon the Board Secretary's authorization to initiate an investigation of a complaint, the Director of Enforcement shall insure complaints are assigned a priority classification with appropriate investigative action.
3. (c) Upon the receipt of an investigation file, the assigned investigator shall commence an investigation and provide a preliminary report to the Director of Enforcement who, in coordination with the Board Secretary and Executive Director, shall then evaluate the imminent danger to the public of Texas. A decision for immediate temporary suspension of license shall be made if danger or harm is ongoing.

Source Note:The provisions of this §107.101 adopted to be effective April 19, 1996, 21 TexReg 3181.