OCCUPATIONS CODE
CHAPTER 263. LICENSE DENIAL AND DISCIPLINARY PROCEEDINGS
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.092(a), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.092(b), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.092(c), eff. Sept. 1,
2001.
§ 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 temporarily suspend a license or permit
under this section without notice or hearing if 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 14th 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1249, § 9, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 263.006. SUSPENSION OR REVOCATION REQUIRED FOR CERTAIN
DRUG OFFENSES. (a) The board shall suspend a license holder's
license issued under this subtitle if it is determined at an
administrative hearing that the person has been convicted of a
felony under Chapter 481 or 483, Health and Safety Code, or Section
485.033, Health and Safety Code.
(b) The board shall revoke the person's license on the
person's final conviction.
(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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 20, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.093(a), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999.
