1. (a) Information concerning licensure status for all licensees of the State Board of Dental Examiners (SBDE) is entered in a license database. The entry in the license database for a licensee who has been disciplined will be annotated that a disciplinary action has occurred. In responding to licensure status requests, the SBDE will report whether a licensee has been disciplined by the Board.

2. (b) The Board, upon written request from a licensee, will remove such annotations if the discipline imposed falls into any category listed below. Licensees having more than one disciplinary action do not qualify for removal of the annotations.

   1. (1) Disciplinary action in which a "reprimand" order was issued:

      1. (A) The effective date of the Board Order is at least three years past;
      2. (B) The licensee has had no subsequent disciplinary action;
      3. (C) The licensee has no disciplinary proceeding pending; and
      4. (D) The licensee currently is not under investigation by the SBDE.

   2. (2) Disciplinary action in which a "suspension, all probated" order was issued:

      1. (A) The effective date of the board order is at least seven years past;
      2. (B) The "suspension, all probated" order did not involve action based upon either fraud or conviction of a criminal act;
      3. (C) The licensee has had no subsequent disciplinary action;
      4. (D) The licensee has no disciplinary proceeding pending; and
      5. (E) The licensee currently is not under investigation by the SBDE.
3. (c) The Enforcement Committee of the SBDE will review each request and may ask for additional information to evaluate a request.
4. (d) Upon a determination by the Enforcement Committee that the licensee meets all requirements of this rule, the committee will recommend that the Board either grant or deny the request. The committee shall provide its reasons to the Board for the recommendation.
5. (e) Should the Board grant the request, the annotation of disciplinary action for a licensee will be removed from the database.
6. (f) The Board will notify the licensee in writing of its decision within a reasonable period of time.

Source Note:The provisions of this §107.400 adopted to be effective June 28, 1998, 23 TexReg 6441.