Texas dentists are regulated by the Texas State Board of Dental Examiners (TSBDE), which has the power to take disciplinary action against dentists who are found to violate the standard of care, the Dental Practice Act (DPA), or TSBDE Rules. Dental hygienists, registered dental assistants, and dental laboratories in Texas are also regulated by TSBDE. As part of this regulation, Texas dentists are subject to Texas Administrative Code Rule Sec. 108.6, which contains what is commonly referred to as the “self-report rule.”
This rule is designed to make the Board aware of any unfortunate circumstances in which a patient of a dentist has come to substantial harm as a result of dental service. After all, the TSBDE exists for the safety of the public. Section 108.6 describes two situations under which reporting is mandatory:
- When a patient of the dentist has died during or soon after a dental procedure (either clearly as a result of the procedure, or possibly as a result). In this case, the dentist must make their report within 72 hours of the death, or (at the very least) as soon as the dentist has, in fact, become aware of the death or should have become aware of the death.
- When a patient is hospitalized as a result of the performance of dental services, but the reason for hospitalization is not so severe as to result in the patient’s death. In such a case, the practitioner has a longer period of time in which to report: within 30 days of either the hospitalization or, again, from the date that the practitioner, in fact, became aware or should have become aware of the hospitalization. Merely being processed through an outpatient clinic does not reach the threshold of “hospitalization” for purposes of this rule—the patient must have been admitted for in-patient treatment or monitoring for the self-reporting requirement to become triggered.
TSBDE requires that dentists use this form to make the report.
Dental License Defense Attorneys in Texas
If you are facing a formal complaint filed against you with TSBDE, or if you have needed to self-report, your license is in jeopardy. The consequences of even a single complaint can be disastrous for your professional career. Even if you believe the complaint to be unfounded, no complaint should be taken lightly.
We invite you to meet with us to talk to a seasoned dental license defense attorney who understands all aspects of a Dental and Dental Hygienist license complaint case. The attorneys at BERTOLINO LLP know how to carefully research every potential complaint. We know where to look for evidence and how to use that information to build a successful legal strategy.
If you are facing disciplinary action from the Texas State Board of Dental Examiners contact us today or call (512) 476-5757 and schedule a case evaluation.
BERTOLINO LLP proudly represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio.
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