22 Tex. Admin. Code § 108.9 - Dishonorable Conduct
The dishonorable conduct section is intended to protect the public from dangerous, unethical, and illegal conduct of licensees. The purpose of this section is to identify unprofessional or dishonorable behaviors of a licensee which the Board believes are likely to pose a threat to the public. Actual injury to a patient need not be established for a licensee to be in violation of this section. Behavior constituting dishonorable conduct includes, but is not limited to:
(1) Criminal
conduct--including but not limited to conviction of a misdemeanor involving
fraud or a felony under federal law or the law of any state as outlined in
Chapter 101 of this title.
(2)
Deception or misrepresentation--engages in deception or misrepresentation:
(A) in soliciting or obtaining patronage;
or
(B) in obtaining a
fee.
(3) Fraud in
obtaining a license--obtains a license by fraud or misrepresentation or
participates in a conspiracy to procure a license, registration, or
certification for an unqualified person.
(4) Misconduct involving drugs or
alcohol--actions or conduct that include, but are not limited to:
(A) providing dental services to a patient
while the licensee is impaired through the use of drugs, narcotics, or
alcohol;
(B) addicted to or
habitually intemperate in the use of alcoholic beverages or drugs;
(C) improperly obtained, possessed, or used
habit-forming drugs or narcotics including self-prescription of
drugs;
(D) grossly over prescribes,
dispenses, or administers narcotic drugs, dangerous drugs, or controlled
substances;
(E) prescribes,
dispenses, or administers narcotic drugs, dangerous drugs, or controlled
substances to or for a person who is not his or her dental patient;
or
(F) prescribes, dispenses, or
administers narcotic drugs, dangerous drugs, or controlled substances to a
person for a non-dental purpose, whether or not the person is a dental
patient.
(5) Assisting
another in engaging in the unauthorized practice of dentistry or dental
hygiene--holds a dental license and employs, permits, or has employed or
permitted a person not licensed to practice dentistry to practice dentistry in
an office of the dentist that is under the dentist's control or
management.
(6) Failure to comply
with applicable laws, rules, regulations, and orders or remedial
plans--violates or refuses to comply with a law relating to the regulation of
dentists, dental hygienists, or dental assistants; fails to cooperate with a
Board investigation; or fails to comply with the terms of a Board Order or
remedial plan.
(7) Inability to
practice safely--is physically or mentally incapable of practicing in a manner
that is safe for the person's dental patients.
(8) Discipline of a licensee by another state
board--holds a license or certificate to practice dentistry or dental hygiene
in another state and the examining board of that state:
(A) reprimands the person;
(B) suspends or revokes the person's license
or certificate or places the person on probation; or
(C) imposes another restriction on the
person's practice.
(9)
Failure to comply with Medicaid, insurance, or other regulatory laws--knowingly
provides or agrees to provide dental care in a manner that violates a federal
or state law that:
(A) regulates a plan to
provide, arrange for, pay for, or reimburse any part of the cost of dental care
services; or
(B) regulates the
business of insurance.
(10) Improper delegation--improperly
delegates any task to any individual who is not permitted to perform the task
by law, this chapter, or practice restrictions imposed by Board
Order.
(11) Unprofessional
conduct--engages in conduct that has become established through professional
experience as likely to disgrace, degrade, or bring discredit upon the licensee
or the dental profession.
Notes
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