Texas Occupations Code 263.0077 – Remedial Plan
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(a) The board may issue and establish the terms of a remedial plan to resolve the investigation of a complaint filed under this subtitle.
(b) A remedial plan may not contain a provision that:
(1) revokes, suspends, limits, or restricts a person‘s license or other authorization to practice dentistry or dental hygiene; or
(2) assesses an administrative penalty against a person.
Terms Used In Texas Occupations Code 263.0077
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(c) A remedial plan may not be imposed to resolve a complaint:
(1) concerning:
(A) a patient death;
(B) the commission of a felony; or
(C) a matter in which the license holder engaged in inappropriate sexual behavior or contact with a patient or became financially or personally involved with a patient in an inappropriate manner; or
(2) in which the appropriate resolution may involve a restriction on the manner in which a license holder practices dentistry or dental hygiene.
(d) The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding five years.
(e) The board may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.
(f) A remedial plan is public information.
(f-1) On or after the fifth anniversary of the date a remedial plan is issued under this section, the board may remove from the board’s public Internet website any public information regarding the dentist or dental hygienist with respect to the plan and the complaint resolved by the plan, unless:
(1) the complaint was related to the delivery of health care; or
(2) more than one remedial plan has been issued to resolve complaints alleging the same violation by the dentist or dental hygienist, including a complaint not related to the delivery of health care.
(g) In civil litigation, a remedial plan is a settlement agreement under Rule 408, Texas Rules of Evidence.
(h) The board shall adopt rules necessary to implement this section.