2009 Texas Code
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
CHAPTER 263. LICENSE DENIAL AND DISCIPLINARY PROCEEDINGS  

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE D. DENTISTRY

CHAPTER 263. LICENSE DENIAL AND DISCIPLINARY PROCEEDINGS

Sec. 263.001. GROUNDS FOR REFUSAL TO ISSUE LICENSE. The board

may refuse to issue a license by examination to a dental or

dental hygiene applicant if the person:

(1) presents to the board fraudulent or false evidence of the

person's qualification for examination or license;

(2) is guilty of any illegality, fraud, or deception during the

examination or the process to secure a license;

(3) is habitually intoxicated or is addicted to drugs;

(4) commits a dishonest or illegal practice in or connected to

dentistry or dental hygiene;

(5) is convicted of a felony under a federal law or law of this

state; or

(6) is found to have violated a law of this state relating to

the practice of dentistry within the 12 months preceding the date

the person filed an application for a license to practice

dentistry or dental hygiene.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.092(a), eff.

Sept. 1, 2001.

Sec. 263.002. GROUNDS FOR DISCIPLINARY ACTION IN GENERAL. (a)

The board, after notice and hearing, may reprimand a person who

holds a license issued under this subtitle, issue a warning

letter to a person licensed under this subtitle, impose a fine on

a person licensed under this subtitle, impose an administrative

penalty under Subchapter A, Chapter 264, on a person who holds a

license under this subtitle, place on probation with conditions a

person whose license has been suspended, or revoke or suspend a

person's license issued under this subtitle if the person:

(1) is adjudged under the law to be insane;

(2) is convicted of a misdemeanor involving fraud or a felony

under federal law or the law of any state;

(3) practices dentistry or dental hygiene in a manner that

constitutes dishonorable conduct;

(4) fails to treat a patient according to the standard of care

in the practice of dentistry or dental hygiene;

(5) engages in deception or misrepresentation in soliciting or

obtaining patronage;

(6) obtains a license by fraud or misrepresentation;

(7) is addicted to or habitually intemperate in the use of

alcoholic beverages or drugs or has improperly obtained,

possessed, used, or distributed habit-forming drugs or narcotics;

(8) holds a dental license and employs, permits, or has employed

or permitted a person not licensed to practice dentistry to

practice dentistry in an office of the dentist that is under the

dentist's control or management;

(9) fails to use proper diligence in the person's practice or

fails to safeguard the person's patients against avoidable

infections;

(10) violates or refuses to comply with a law relating to the

regulation of dentists or dental hygienists;

(11) is physically or mentally incapable of practicing in a

manner that is safe for the person's dental patients;

(12) is negligent in performing dental services and that

negligence causes injury or damage to a dental patient;

(13) holds a license or certificate to practice dentistry or

dental hygiene in another state and that state, based on an act

by the person that is the same as an act described in this

section:

(A) reprimands the person;

(B) suspends or revokes the person's license or certificate or

places the person on probation; or

(C) imposes another restriction on the person's practice; or

(14) knowingly provides or agrees to provide dental care in a

manner that violates a federal or state law that:

(A) regulates a plan to provide, arrange for, pay for, or

reimburse any part of the cost of dental care services; or

(B) regulates the business of insurance.

(b) If a person holds a license to practice dentistry or dental

hygiene, the board may reprimand or impose a fine on the person,

issue a warning letter to the person, place the person's license

on probation, or suspend or revoke the person's license under

Subsection (a)(10) only if a majority of the board determines

that the person has committed an act described by Subsection

(a)(10).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.092(b), eff.

Sept. 1, 2001.

Sec. 263.003. HEARING. A person is entitled to a hearing under

Chapter 2001, Government Code, if the board proposes to:

(1) refuse to issue a license by examination to the person;

(2) reprimand or impose a fine on the person;

(3) place the person on probation after the person's license has

been suspended; or

(4) suspend or revoke the license of the person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.092(c), eff.

Sept. 1, 2001.

Sec. 263.004. TEMPORARY SUSPENSION IN EMERGENCY. (a) If the

board or an executive committee of the board determines from the

evidence or information presented that the continued practice by

a person licensed under this subtitle, or the continued

performance by a person licensed under this subtitle of a

procedure for which the person holds a permit issued by the

board, would constitute a clear, imminent, or continuing threat

to a person's physical health or well-being, the board or the

executive committee shall temporarily suspend the person's

license or permit, as applicable.

(b) The board may not temporarily suspend a license or permit

under this section without notice or hearing unless at the time

of the temporary suspension the board or the executive committee

requests the State Office of Administrative Hearings to set a

date for a hearing on the temporary suspension.

(c) The State Office of Administrative Hearings shall hold a

hearing not later than the 30th day after the date the license or

permit is suspended unless the license or permit holder requests

a continuance. The State Office of Administrative Hearings shall

hold a second hearing on the suspension and on any other action

to be taken against the license or permit holder not later than

the 60th day after:

(1) the date the license or permit is temporarily suspended; or

(2) the date specified in the continuance requested by the

license or permit holder.

(d) If the State Office of Administrative Hearings does not hold

a hearing within the time provided by Subsection (c), the

suspended license or permit is automatically reinstated.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1249, Sec. 9, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

810, Sec. 6, eff. September 1, 2005.

Sec. 263.005. PROBATION. If a license suspension is probated,

the board may require the license holder to:

(1) report regularly to the board on matters that are the basis

of the probation;

(2) limit practice to the areas prescribed by the board; or

(3) continue or review professional education until the license

holder attains a degree of skill satisfactory to the board in the

areas that are the basis of the probation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 263.006. SUSPENSION OR REVOCATION REQUIRED FOR CERTAIN DRUG

OFFENSES. (a) The board shall suspend a license holder's

license issued under this subtitle on proof that the person has

been:

(1) initially convicted of:

(A) a felony;

(B) a misdemeanor under Chapter 22, Penal Code, other than a

misdemeanor punishable by fine only;

(C) a misdemeanor on conviction of which a defendant is required

to register as a sex offender under Chapter 62, Code of Criminal

Procedure;

(D) a misdemeanor under Section 25.07, Penal Code; or

(E) a misdemeanor under Section 25.071, Penal Code; or

(2) subject to an initial finding by the trier of fact of guilt

of a felony under:

(A) Chapter 481 or 483, Health and Safety Code;

(B) Section 485.033, Health and Safety Code; or

(C) the Comprehensive Drug Abuse Prevention and Control Act of

1970 (21 U.S.C. Section 801 et seq.).

(b) On final conviction for an offense described by Subsection

(a), the board shall revoke the person's license.

(c) The board may not reinstate or reissue a license suspended

or revoked under this section unless an express determination is

made that the reinstatement or reissuance of the license is in

the best interests of the public and the person whose license was

suspended or revoked. The board must base that determination on

substantial evidence contained in an investigative report.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

810, Sec. 7, eff. September 1, 2005.

Sec. 263.007. INFORMAL PROCEEDING. (a) The board by rule shall

adopt procedures governing:

(1) informal disposition of a contested case under Section

2001.056, Government Code; and

(2) an informal proceeding held in compliance with Section

2001.054, Government Code.

(b) Rules adopted under this section must:

(1) provide the complainant, if applicable and permitted by law,

an opportunity to be heard;

(2) provide the license holder an opportunity to be heard; and

(3) require the presence of a member of the board's legal staff,

if the board has a legal staff, or, if the board does not have a

legal staff, an attorney from the attorney general's office to

advise the board or the board's employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 263.0075. INFORMAL SETTLEMENT CONFERENCE; RESTITUTION. (a)

The board by rule shall establish procedures by which a panel of

board employees may conduct an informal settlement conference to

resolve a complaint against a person licensed under this

subtitle.

(b) Procedures established under this section must:

(1) permit involvement of a board member in an informal

settlement conference conducted by a panel of board employees;

(2) ensure that the panel of board employees conducting the

conference has the necessary expertise and experience;

(3) require the panel of board employees conducting the

conference to use the standardized penalty schedule adopted by

the board to determine the appropriate disciplinary action, if

any, to recommend to the board;

(4) require a settlement of the complaint recommended by the

panel of board employees to be approved by the board;

(5) permit the board to modify a recommended settlement of the

complaint with the approval of the license holder; and

(6) permit the panel of board employees to refer the complaint

to the State Office of Administrative Hearings for a formal

hearing and require the panel to notify the board of the

referral.

(c) Subject to Subsection (d), the board may order a person

licensed under this subtitle to pay restitution to a patient as

provided in an agreement resulting from an informal settlement

conference instead of or in addition to assessing an

administrative penalty under Subchapter A, Chapter 264.

(d) The amount of restitution ordered as provided in an

agreement resulting from an informal settlement conference may

not exceed the amount the patient paid to the license holder for

a service regulated by this subtitle. The board may not require

payment of other damages or estimate harm in a restitution order.

Added by Acts 2003, 78th Leg., ch. 17, Sec. 20, eff. Sept. 1,

2003.

Sec. 263.008. SUBPOENA. (a) The board may request and, if

necessary, compel by subpoena the attendance of witnesses for

examination under oath and the production for examination and

copying of books, accounts, records, documents, and other

evidence relevant to the investigation of an alleged violation of

this chapter or another state law relating to the practice of

dentistry.

(b) The board may request the attorney general to file suit

against a person who fails to comply with a subpoena issued by

the board to enforce the subpoena. The suit must be filed in a

Travis County district court.

(c) The court on finding that good cause exists for the issuance

of the subpoena shall order the person to comply with the

subpoena.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.093(a), eff.

Sept. 1, 2001.

Sec. 263.009. APPEAL. A person aggrieved by a decision of the

board under this chapter is entitled to appeal as provided by

Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.