1. (a) If the preliminary inquiry shows that there is probable cause to justify further investigation, board staff shall officially proceed on the complaint.
2. (b) If the preliminary inquiry shows that there is not probable cause to justify further investigation, an official complaint will not be commenced and the complainant and licensee will be notified.

3. (c) Once an official complaint is commenced:

   1. (1) board staff shall assign a category and priority to the complaint;
   2. (2) the complainant and licensee will be notified of the commencement of the official complaint and receive notice of the complaint's status, at least quarterly, until final disposition of the complaint, unless such notice would jeopardize an investigation; and
   3. (3) the complaint will be investigated, to include the appropriate referral to an Expert Panel.

4. (d) Every complaint shall be classified into one or more of the following categories:

   1. (1) Quality of Care: failure to treat a patient according to the standard of care in the practice of dentistry or dental hygiene.
   2. (2) Sanitation: failure to maintain the dental office in a sanitary condition.
   3. (3) Professional Conduct: violations arising out of the day-to-day practice of dentistry, not including administrative requirements.
   4. (4) Administration: failure to follow the administrative requirements of the Dental Practice Act/and or the board's rules and regulations.
   5. (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. (6) Business Promotion: violations arising out of efforts to obtain business, such as advertising and referral schemes.

5. (e) Every complaint shall be assigned a priority classification.

   1. (1) Priority 1 represents more serious allegations of violations, including Patient Mortality, Patient Morbidity, Practicing Without a License, and Sanitation.
   2. (2) Priority 2 represents less serious threats to the public welfare, including records-keeping violations and Advertising.

Source Note:The provisions of this §107.102 adopted to be effective December 10, 2013, 38 TexReg 8832.