SECTION 107.110. Baseless or Unfounded Complaints

(a) Statutory Authorization and Purpose. Pursuant to Texas Occupations Code §263.0074, the Board shall dismiss baseless or unfounded complaints through the procedures described in subsections (c) and (d) of this section. If the Board determines that the complaint is not baseless or unfounded, the complaint shall be resolved through the procedures outlined in §107.200 of this title (relating to Disposition of a Filed Complaint).

(b) Definitions. The definitions provided in §107.100 of this title (relating to Definitions) shall apply to this section.

(c) Baseless or Unfounded Complaints. Within the first one-hundred-eighty days after the Board commences official investigation of a complaint, Board staff shall identify the classification of allegations in the complaint pursuant to §107.104 of this title (relating to Official Investigation of a Complaint) and determine if the complaint is baseless or unfounded by applying the following criteria:

(1) Failure to Specify a Violation of the Standard of Care. If the complaint submitted to the Board does not specify a procedure or service provided by the Respondent that may fall below the standard of care, Board staff shall dismiss the complaint.

(2) Failure to Describe a Sanitation Violation. If the complaint submitted to the Board does not describe conditions in the Respondent's practice that may violate laws or Board rules related to the sanitation of a dental office, Board staff shall dismiss the complaint.

(3) Failure to Describe Dishonorable Conduct. If the complaint submitted to the Board does not describe conduct by the Respondent which may be considered dishonorable under laws or Board rules, Board staff shall dismiss the complaint.

(4) Failure to Identify an Administrative Violation. If the complaint submitted to the Board does not identify a violation of the administrative requirements of the laws and Board rules related to licensure as a dentist or dental hygienist or registration as a dental assistant, Board staff shall dismiss the complaint.

(5) Failure to Describe a Business Promotion Violation. If the complaint submitted to the Board does not describe business promotion activities by the Respondent that may represent a violation of the laws and Board rules regarding business promotion, Board staff shall dismiss the complaint.

(6) Failure to Establish Practice of Dentistry without a License. If the complaint submitted to the Board does not provide sufficient detail to establish that the Respondent may have practiced dentistry or dental hygiene without a license, or that Respondent may have practiced as a dental assistant or dental laboratory without a registration, Board staff shall dismiss the complaint.

(7) Failure to Identify a Person or Entity Subject to Board Jurisdiction. If the complaint submitted to the Board does not provide sufficient information to identify a Respondent who is a person or entity subject to the jurisdiction of the Board, or if the complaint alleges standard of care, sanitation, dishonorable conduct, administrative, or business promotion allegations against a deceased or unlicensed/unregistered Respondent, Board staff shall dismiss the complaint. Nothing in this section shall be construed to prohibit the Board from utilizing the complaint and associated information to pursue action against an unlicensed person for the practice of dentistry or dental hygiene without a license, or from providing the complaint and associated information to the appropriate state agency with jurisdiction over the person identified in the complaint.

(d) Notification and Record of Complaint Dismissal. The Board shall provide a notice to the person who filed the baseless or unfounded complaint identifying the reasons for dismissal from subsection (c) of this section. The Board shall also retain in the records of each baseless or unfounded complaint the reason for the dismissal from subsection (c) of this section.

Source Note: The provisions of this §107.110 adopted to be effective June 12, 2019, 44 TexReg 2839