22 Tex. Admin. Code § 101.11 - Employment by Estate of Dentist or Person Acting for Mentally Incompetent Dentist
(a) Texas
Occupations Code, Title 3, Subtitle D, does not prevent a person who is the
administrator or executor of the estate of a dentist or a person who is legally
authorized to act for a dentist adjudicated to be mentally incompetent from
employing a licensed dentist to:
(1) carry on
the deceased or mentally incompetent dentist's practice for a reasonable
period, as determined by the Board; or
(2) conclude the affairs of the practice,
including the sale of any assets.
(b) Texas Occupations Code, Title 3, Subtitle
D, does not prevent a licensed dentist from working for a person described by
subsection (a) of this section during the administration of the estate or the
period of incompetency.
(c) For
purposes of this section, "reasonable period" means a period of no more than
twelve (12) months from the date of the dentist's death or the date the dentist
is lawfully determined to be mentally incompetent, whichever is
applicable.
(d) This subsection
provides for the designation or appointment of a person as custodian of a
dentist's billing or dental patient records if the dentist dies, becomes
mentally or physically incapacitated, or abandons such records.
(1) If a dentist to whom this subsection
applies has entered into a records transfer agreement in compliance with the
provisions of 22 TAC §
108.8(e)(2)
(relating to Records of the Dentist), the custodian of records under this
subsection is the person designated as the transferee under that
agreement.
(2) If a dentist to
which this subsection applies has not entered into a records transfer agreement
in compliance with 22 TAC §
108.8(e)(2), the
dentist may, upon initial licensure as a dentist, and at each renewal period,
designate a custodian of records who shall act as temporary or permanent
custodian for the dentist in the event of the dentist's death, incapacity or
abandonment of the records. A custodian of records designated under this
paragraph shall maintain the records in a manner consistent with 22 TAC §
108.8 and is responsible for
complying with 22 TAC §
108.8(f) and
(g).
(3) A custodian of records to which this
subsection applies may be:
(A) employed by
the administrator or estate of the dentist in the event of death or mental or
physical incapacitation of the dentist; or
(B) designated as needed:
(i) during an unexplained disappearance of
the dentist; or
(ii) in the event
of the abandonment of the dentist's patients without reasonable
cause.
(e) If a licensed dentist has designated a
person under subsection (d) of this section who is not a licensed dentist as a
custodian of records, that person may serve as the custodian for a reasonable
period of time as defined in subsection (c) of this section, and must ensure
safe transfer of the patient records to each patient or another licensed
dentist as soon as reasonably practicable.
(f) Should a custodian of records designated
under subsection (d) of this section be unable to serve as custodian of
records, or if a dentist to whom subsection (d) applies has not entered into a
records transfer agreement as provided by subsection (d)(1) and has failed to
designate a custodian under subsection (d)(2) for the dentist's most recent
license period, the Board shall review and attempt to appoint an available
custodian of records in the immediate area of the dentist's practice who may
serve as custodian. The Board shall prioritize the security of patient health
information and access to dental records.
(g) A custodian of records designated or
appointed under this rule shall not be held responsible for any violations of
the Dental Practice Act or Board rules occurring before the custodian is in
possession of the licensed dentist's patient records, or any violations
attributable to the actions of the licensed dentist who previously held the
patient records. Designation or appointment as a custodian of records under
this rule does not create a dentist-patient relationship between the custodian
and patients of the licensed dentist.
Notes
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