CHAPTER 255. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE D. DENTISTRY
CHAPTER 255. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
Sec. 255.001. PUBLIC INTEREST INFORMATION. (a) The board shall
prepare information of public interest describing the functions
of the board and procedures by which complaints are filed with
and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 255.002. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of
the board for the purpose of directing complaints to the board.
The board may provide for that notice:
(1) on each registration form, application, brochure, or written
contract for services of a person regulated under this subtitle;
(2) on a sign prominently displayed in the place of business of
each person regulated under this subtitle; or
(3) in a bill for service provided by a person regulated under
this subtitle.
(b) The board shall list with its regular telephone number any
toll-free telephone number established under other state law that
may be called to present a complaint about a health professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 255.003. ASSISTANCE WITH COMPLAINT. The board shall
provide reasonable assistance to a person who wishes to file a
complaint with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 255.004. RECORDS OF COMPLAINTS. (a) The board shall
maintain a file on each written complaint filed with the board.
(b) The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint was received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
board closed the file without taking action other than to
investigate the complaint
(c) The board shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the board's policies and procedures relating to complaint
investigation and resolution.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 17, Sec. 11, eff. Sept. 1,
2003.
Sec. 255.005. NOTIFICATION OF INVESTIGATION STATUS. If a
written complaint is filed with the board that the board has
authority to resolve, the board, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of
the status of the investigation unless the notice would
jeopardize an undercover investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 17, Sec. 11, eff. Sept. 1,
2003.
Sec. 255.006. GENERAL RULES REGARDING COMPLAINT INVESTIGATION
AND DISPOSITION. (a) A complaint received under this chapter
must be filed with and reviewed by the board to determine
jurisdiction. If the board has jurisdiction, the board shall
investigate the complaint to determine the facts concerning the
complaint.
(b) The board may not consider a complaint that is filed with
the board after the fourth anniversary of the date:
(1) the act that is the basis of the complaint occurred; or
(2) the complainant discovered, or in the exercise of reasonable
diligence should have discovered, the occurrence of the act that
is the basis of the complaint.
(c) The board by rule shall:
(1) adopt a form to standardize information concerning
complaints filed with the board; and
(2) prescribe information to be provided to a person when the
person files a complaint with the board.
(d) The board shall adopt rules concerning the investigation of
a complaint filed with the board. The rules adopted under this
subsection must:
(1) distinguish between categories of complaints;
(2) ensure that a complaint is not dismissed without appropriate
consideration;
(3) require that the board be advised of a complaint that is
dismissed and that a letter be sent to the person who filed the
complaint explaining the action taken on the dismissed complaint;
(4) ensure that the person who filed the complaint has an
opportunity to explain the allegations made in the complaint;
(5) require that investigators used by the board be state
employees; and
(6) establish procedures by which a board employee may dismiss a
complaint if the investigation does not reveal a violation.
(d-1) Procedures established under Subsection (d)(6) must:
(1) require a board employee to consult with a dentist member of
the board before dismissing a complaint relating to patient
morbidity, professional conduct, or quality of care;
(2) ensure that the decision to dismiss a complaint is made with
the appropriate level of review and necessary expertise and
experience; and
(3) require the dismissal of a complaint to be reported to the
board at a public meeting of the board.
(d-2) Repealed by Acts 2005, 79th Leg., Ch. 810, Sec. 10, eff.
September 1, 2005.
(e) The board shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of a
complaint that is under the control of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 17, Sec. 12, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
810, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
810, Sec. 10, eff. September 1, 2005.
Sec. 255.007. NOTICE TO BOARD CONCERNING COMPLAINTS. (a) The
executive director shall notify the board of a complaint that is
unresolved after the second anniversary of the date the complaint
is filed.
(b) The executive director shall explain to the board the
reasons that the complaint has not been resolved. The executive
director shall periodically provide the notice and explanation
required by this section at regularly scheduled board meetings.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 255.008. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction, except to the extent
the communication would be ex parte under any law.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.078(a), eff.
Sept. 1, 2001.