SECTION 108.72. Dental Custodian of Records

(a) An owner, shareholder, partner, or executive officer of a clinic or other entity that provides dental services for the public shall designate a licensed Texas dentist as the dental custodian of records. The dental custodian of records shall provide records to the Board, a dentist who has provided dental treatment, and patients in accordance with Texas Occupations Code §§258.0511, 258.109, 261.055, 263.008 and §108.8 of this chapter (relating to Records of the Dentist), and other law regulating dental patient records.

(b) A dental custodian of records shall furnish copies of dental records on demand by the officers, agents, or employees of the State Board of Dental Examiners. The patient's privilege against disclosure does not apply to the Board in a disciplinary investigation or proceeding under the Dental Practice Act.

(c) A dental custodian of records shall make dental records available for inspection and reproduction to a dentist who has provided dental treatment.

(1) A dentist who has provided dental treatment shall request access to dental records in writing.

(2) A dental custodian of records shall make dental records available for inspection and reproduction within 15 days of the written request.

(3) The right of access shall be maintained regardless of employment status.

(4) The requirement to provide access to records shall not be modified or waived by agreement.

(d) A dental custodian of records shall furnish copies of dental records to a patient who requests his or her dental records pursuant to §108.8(g) of this chapter.

Source Note: The provisions of this §108.72 adopted to be effective December 24, 2007, 32 TexReg 9628