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>The Business Records Affidavit – Mysteries and Misconceptions


What is it? Why is it important? How can this document effect you? The Business Records Affidavit (also known as a BRA) is a sworn affidavit certifying the accuracy and completeness of the records you submit to a request from the Texas State Board of Dental Examiners (TSBDE or SBDE). The BRA is required under Rule 108.8(f) when you submit your records in response to the Board’s request. 
When you provide a properly completed BRA with your records you minimize your chances of having to appear in Austin for a SOAH hearing. Depending on where you’re located this could be one to three days off from your practice. The SBDE has to complete their processes and they recognize your need to attend to your patients. Their having a properly completed and notarized BRA provides them what they need to pursue their case in court without your presence (unless, of course, you’re the Respondent). 
As an investigator I received more calls and more questions about the BRA than any other issue. Countless times dentists would submit their records without a properly completed or notarized BRA. This would trigger a phone call to the dentist, which often resulted in frustration for the dentist, their staff and often me too. Getting to a notary to sign the BRA can be a hassle. Not every dental office has easy access to a notary. If you receive frequent record requests from the SBDE consider having one of your staff become a notary. The costs are minimal and it can be a real benefit for you.
Lastly, when the SBDE sends you an official request for your records they also send you a BRA. On the back side is a sample. Attached is a set of instructions. Read and follow the sample and instructions carefully.  While doing so might be a pain not doing so can cost you $500 to $5000 per day. Another suggestion – don’t try to read the BRA and complete it as you go. If you will refer to the sample, complete the BRA (exactly) and then read it, you’ll realize it doesn’t make any grammatical sense. This document was not written by grammar teachers, it was written by attorneys. It has been reviewed and approved by SBDE’s legal staff, so save yourself a headache and follow the sample EXACTLY. I cannot emphasize this point enough. If you have a question about your response or the BRA call the investigator right away. They will answer your questions and should help make this process as smooth as possible.
I hopes this helps clarify the Business Records Affidavit. Take a few moments to tell everyone about your experience with the BRA. Feel free to post your questions. We’re on your side. We’re here for you.
Until next time remember, if it’s not written down it didn’t happen, so document, document, document!
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