SECTION 108.43. Operating Requirements for Permitted Mobile Dental Facilities or Portable Dental Units

(a) A permit holder is required to operate a permitted Mobile Dental Facility or Portable Dental Unit in compliance with all state statutes and regulations. Further, all permit holders shall;

(1) in writing, notify the SBDE of a change in any address required in Rule 108.42 (b)(1) of this title (relating to Obtaining a Permit) within 60 days of the change;

(2) prominently display all dental and dental hygienist licenses and current registration certificates, Mobile Dental Facilities or Portable Dental Unit permits, or copies of permits if one permit is issued for multiple facilities or units, a consumer information sign as described in Rule 108.5 of this title (relating to Consumer Information) in compliance with the Dental Practice Act and/or the Rules and Regulations of the SBDE, provided, however, that a licensee may display a duplicate registration certification obtained from the SBDE;

(3) maintain, in full compliance with all record-keeping requirements contained in these rules, all dental records and official records at the official address of record for the facility or unit.

(b) All permit holders except, governmental and higher education entities, shall:

(1) in writing, notify the SBDE of a change in personnel listed as required by Rule 108.42(b)(2) of this title (relating to Obtaining a Permit) within 30 days of any such change;

(2) before beginning a session at any location, arrange for;

(A) access to a properly functioning sterilization system;

(B) ready access to an adequate supply of potable water; and

(C) ready access to toilet facilities.

(3) on the 10th work day of September of each year, file with the SBDE a written report for the preceding year ending August 31, detailing the location, including a street address, the dates of each session, and the number of patients served and the types of dental procedures and quantity of each service provided; except that such written reports may exclude information concerning dental services provided to less than three individuals at a private residence;

(4) insure that all written or printed materials available from or issued by the Mobile Dental Facility or Portable Dental Unit contain the official address of record for the facility or unit;

(5) operate a Mobile Dental Facility or Portable Dental Unit only when all requirements described in Rule 108.42 of this title (related to Obtaining a Permit) are being met.

(c) A permit to operate a Mobile Dental Facility or Portable Dental Unit expires one (1) year after the issuance date, or on the date when the permit holder is no longer associated with the Mobile Dental Facility or Portable Dental Unit, which ever is first.

(d) A permit holder may renew a permit by submitting an annual application which shall include a list of all locations served during the past year, and payment of required fee.

(e) Upon cessation of operations by the Mobile Dental Facility or Portable Dental Unit, the permit holder shall notify the SBDE of the final disposition of patient records and charts.

(f) A permit to operate a Mobile Dental Facility or Portable Dental Unit is not transferable.

(g) The SBDE may cancel a permit if upon investigation and after opportunity for a hearing, a determination is made of non-compliance with the Dental Practice Act or the SBDE Rules and Regulations.

Source Note: The provisions of this §108.43 adopted to be effective February 20, 2001, 26 TexReg 1494; amended to be effective July 10, 2001, 26 TexReg 5004