SECTION 107.204. Remedial Plans

(a) The board may issue and establish the terms of a non-disciplinary remedial plan to resolve the investigation of a complaint.

(b) A remedial plan may not contain a provision that:

(1) revokes, suspends, limits, or restricts a person's license or other authorization to practice dentistry or dental hygiene; or

(2) assesses an administrative penalty against a person.

(c) A remedial plan may not be imposed to resolve a complaint:

(1) concerning:

(A) a patient death;

(B) the commission of a felony; or

(C) a matter in which the license holder engaged in inappropriate sexual behavior or contact with a patient or became financially or personally involved with a patient in an inappropriate manner; or

(2) in which the appropriate resolution may involve a restriction on the manner in which a license holder practices dentistry or dental hygiene.

(d) The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding five years.

(e) The board may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.

(f) A remedial plan is public information.

(g) For all remedial plans issued on or after September 1, 2021, on or after the fifth anniversary of the date a remedial plan is issued under this section, the board may remove from the board's public Internet website any public information regarding the dentist or dental hygienist with respect to the plan and the complaint resolved by the plan, unless:

(1) the complaint was related to the delivery of health care; or

(2) more than one remedial plan has been issued to resolve complaints alleging the same violation by the dentist or dental hygienist, including a complaint not related to the delivery of health care.

(h) To request the removal of a remedial plan under subsection (g) of this section, a dentist or dental hygienist must submit a request in writing to the General Counsel of the board. The request must include:

(1) the specific case number of which removal is requested; and

(2) proof that the dentist or dental hygienist complied with and successfully completed the terms of the remedial plan of which removal is requested.

Source Note: The provisions of this §107.204 adopted to be effective December 10, 2013, 38 TexReg 8832; amended to be effective March 10, 2022, 47 TexReg 1275