SECTION 107.106. Confidentiality of Investigations

(a) Investigation files and other records are confidential, except board staff shall inform the license holder of the specific allegations against the license holder.

(b) No employee, agent, or member of the board may disclose confidential information except in the following circumstances:

(1) to another local, state or federal regulatory agency;

(2) to local, state or federal law enforcement agencies;

(3) to other persons if required during the course of the investigation;

(4) to other entities as required by law; and

(5) a person who has provided a statement may receive a copy of the statement.

(c) A final disciplinary action of the board is not excepted from public disclosure, including:

(1) the revocation or suspension of a license/registration;

(2) the placement on probation with conditions of a license/registration that has been suspended;

(3) the reprimand of a licensee/registrant;

(4) the issuance of a warning order to a licensee/registrant; and

(5) a final cease and desist order issued to a non-licensee.

(d) A final public action of the board is not excepted from public disclosure, including:

(1) a non-disciplinary remedial plan; and

(2) an administrative penalty citation.

(e) Files and other records collected during the investigation of a license application are confidential, except board staff shall maintain a public profile of each licensee that contains the following information:

(1) License name and former last name;

(2) License number;

(3) License status;

(4) License issue date;

(5) License expiration date;

(6) Primary address;

(7) Information related to issuance of nitrous and sedation/anesthesia permits;

(8) Area of practice reported by licensee/registrant;

(9) Dental school and year of graduation; and

(10) Year of birth.

Source Note: The provisions of this §107.106 adopted to be effective September 6, 2016, 41 TexReg 6694