1. (a) Pursuant to §264.0115 of the Act, administrative penalties may be imposed on a licensee or registrant for violation of the Dental Practice Act and/or Board rules and regulations.

2. (b) Alternative Informal Assessment of Administrative Penalty, Standard Schedule. The standard penalties outlined below shall apply to the alternative informal assessment of administrative penalty, described in §107.201 of this title (relating to Procedures for Alternative Informal Assessment of Administrative Penalty), and authorized under §264.0115 of the Act. These penalties are assessed through the issuance of administrative penalty citations (citations) for violations that do not involve the provision of direct patient care.

   1. (1) A penalty assessed under this rule is a monetary penalty that shall not exceed $1,000 for each violation. The total amount of penalties assessed against a person pursuant to §264.0115 of the Act and §107.201 of this title (relating to Procedures for Alternative Informal Assessment of Administrative Penalty) may not exceed $3,000 in a calendar year.

   2. (2) The following standard schedule identifies penalty amounts imposed by citations issued for the violations identified:

      1. (A) Failure to make complaint information available to consumers--$250.00;
      2. (B) Failure to post names of dentists--$250.00;
      3. (C) Failure to display license or registration--$250.00;
      4. (D) Failure to timely provide records to board--$500.00;
      5. (E) Failure to provide records to patient within 30 days of request--$500.00;
      6. (F) Failure to maintain current CPR/ALS/BLS training--$250.00
      7. (G) Sanitation and infection control--$500.00:
      8. (H) Failure to provide prosthetic identification--$250.00.
      9. (I) Failure to respond to administrative penalty citation--$250.00.
      10. (J) Non-compliance or untimely compliance with jurisprudence assessment requirement of Remedial Plan or Board Order--$250.00.
      11. (K) Advertising/business promotion violation--$250.00;
      12. (L) Practice while license expired; less than 90 days--$500.00.
      13. (M) Allowing auxiliary personnel to practice with expired licenser/registration; less than 90 days--$250.00.

Source Note:The provisions of this §107.202 adopted to be effective July 11, 2016, 41 TexReg 5052.