Sec. 258.157. REQUESTS FOR INSPECTION AND ADVISORY OPINION. (a) The board may consider a request by a dentist for an on-site inspection. The board may, in its discretion and on payment of a fee in an amount established by the board, conduct the inspection and issue an advisory opinion.
(b) An advisory opinion issued by the board under this section is not binding on the board, and the board, except as provided by Subsection (c), may take any action under this subtitle in relation to the situation addressed by the advisory opinion that the board considers appropriate.
(c) A dentist who requests and relies on an advisory opinion of the board may use the opinion as mitigating evidence in an action or proceeding to impose an administrative or civil penalty under this subtitle. The board or court, as appropriate, shall take proof of reliance on an advisory opinion into consideration and mitigate the imposition of administrative or civil penalties accordingly.
Added by Acts 2001, 77th Leg., ch. 349, Sec. 1, eff. Sept. 1, 2001.
Structure Texas Statutes
Chapter 258 - Practice by Dentist
Subchapter D. Administration of Anesthesia
Section 258.152. Applicability
Section 258.154. Compliance With Anesthesia Rules
Section 258.155. Permit Required
Section 258.1551. Permit Qualifications
Section 258.1552. Jurisprudence Examination
Section 258.1553. Portability of Anesthesia Services
Section 258.1554. Administration of Anesthesia to Certain Patients
Section 258.1555. Capnography Required for Certain Anesthesia Services
Section 258.1556. Minimum Emergency Preparedness Standards
Section 258.1557. Emergency Preparedness Protocols
Section 258.157. Requests for Inspection and Advisory Opinion