1. (a) If the preliminary inquiry shows that there is probable cause that an act by a licensee falls below an acceptable standard of care, all the relevant information and records collected by board staff shall be reviewed by an Expert Panel of Reviewers, who shall report the panel's determinations based on the review. Each Expert Panel shall include an initial and second Reviewer and, if necessary, a third Reviewer.
2. (b) Composition and Duties. The Expert Panel shall be composed of dentists and dental hygienists approved by the board to assist with complaints and investigations relating to professional competency by acting as expert dentist and dental hygienist Reviewers.

3. (c) Qualifications. To be eligible to serve on the Expert Panel, a dentist or dental hygienist must meet the following criteria:

   1. (1) licensed in Texas to practice dentistry or dental hygiene;
   2. (2) no history of disciplinary action by the board;
   3. (3) acceptable malpractice complaint history;
   4. (4) in active practice currently and at the time of the alleged violation;
   5. (5) demonstrated knowledge of accepted standards of dental care for the diagnosis, care and treatment related to the alleged violation;
   6. (6) demonstrated training or experience to offer an expert opinion regarding accepted standards of dental care; and
   7. (7) certification by a certifying board recognized by the American Dental Association if the dentist or dental hygienist limits his practice to a specific specialty area.

4. (d) Term; Resignation; Removal.

   1. (1) An Expert Reviewer shall serve on the Expert Panel until resignation or removal from the Expert Panel.
   2. (2) An Expert Reviewer may resign from the Expert Panel at any time.

   3. (3) An Expert Reviewer may be removed from the Expert Panel for good cause at any time on order of the Executive Director. Good cause for removal includes:

      1. (A) failure to maintain the eligibility requirements set forth in subsection (c) of this section;
      2. (B) failure to inform the board of potential or apparent conflicts of interest;
      3. (C) repeated failure to timely review complaints or timely submit reports to the board;
      4. (D) repeated failure to prepare the reports in the prescribed format.
5. (e) A member of the Executive Committee may make an interim appointment of an Expert Reviewer to serve the board until the Reviewer can be considered for appointment by the board at the next board meeting.

Source Note:The provisions of this §107.106 adopted to be effective December 10, 2013, 38 TexReg 8832.