1. (a) The board may issue and establish the terms of a non-disciplinary remedial plan to resolve the investigation of a complaint.

2. (b) A remedial plan may not contain a provision that:

   1. (1) revokes, suspends, limits, or restricts a person's license or other authorization to practice dentistry or dental hygiene; or
   2. (2) assesses an administrative penalty against a person.

3. (c) A remedial plan may not be imposed to resolve a complaint:

   1. (1) concerning:

      1. (A) a patient death;
      2. (B) the commission of a felony; or
      3. (C) a matter in which the license holder engaged in inappropriate sexual behavior or contact with a patient or became financially or personally involved with a patient in an inappropriate manner; or
   2. (2) in which the appropriate resolution may involve a restriction on the manner in which a license holder practices dentistry or dental hygiene.
4. (d) The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has previously entered into a remedial plan with the board for the resolution of a different complaint.
5. (e) The board may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.
6. (f) A remedial plan is public information.

Source Note:The provisions of this §107.204 adopted to be effective December 10, 2013, 38 TexReg 8832.