22 Tex. Admin. Code § 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.
Notes
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