The Texas State Board of Dental Examiners (Board) proposes amendments to 22 TAC, Chapter 114, §114.1 and §114.3, the repeal of §114.2, and new §114.2 and §114.10, all of which concern dental assistants. These sections contain extensive revisions to clarify and standardize language, as well as new language to enact the provisions of Senate Bill 263, §25, 78th Legislature, requiring that dental assistants that make x-rays be registered to do so.

Proposed amendments to §114.1 incorporate the definition of a "reversible" procedure, and specific examples of "irreversible" procedures that were previously contained in §114.2.

§114.2, which contains definitions, is proposed for repeal, with those definitions reduced and redistributed to the proposed amendments in other sections.

A new §114.2 is proposed to detail the requirements and process for the registration of dental assistants who perform x-ray procedures.

Proposed amendments to §114.3 incorporate some of the definitions previously found in §114.2, and clarify and organize the remainder of its language.

§114.10 is proposed for addition as a new section, relocating language from §115.10, which details the currently existing x-ray certification process for dental assistants. That language currently resides in Chapter 115, which relates to dental hygienists. Accordingly, §115.10 is concurrently being proposed for repeal. Language clarifying the dates for transition between the two registration schemes, pursuant to Senate Bill 263, §34, 78th Legislature has also been added, as §114.10(a).

Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners has determined for the first five year period the sections are in effect there will be limited fiscal implications for local or state government as a result of enforcing or administering those sections.

There is an anticipated economic cost to persons who are required to comply with the sections as proposed. Those dental assistants required to comply with the sections will have to take and complete a one-time examination process in three parts, all of which may be taken in one sitting, as well as complete a minimum of six hours of continuing education in each one-year license period. There is no anticipated local employment impact as a result of enforcing the sections as proposed.

Mr. Schmidt has determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing them will be the increase in education and regulation of dental assistants who perform radiographic procedures on patients in the State of Texas.

The fiscal implications for small or large businesses will be minimal or none at all. Therefore, the Board has determined that compliance with the proposed sections will not have an adverse economic impact on small business when compared to large businesses. The requirements of Chapter 114 will impact individuals who make application for registration, and would only impact small businesses who choose to pay examination and registration fees for their dental assistant employees. Sites for the examination will be sufficiently numerous and well-distributed to minimize loss of employee time.

Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that these sections are published in the Texas Register.

The sections are proposed under Texas Government Code §2001.021 et seq; Texas Civil Statutes, the Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties, and Senate Bill 263, §25, 78th Legislature, 2003, which requires the Board to establish rules for the registration of dental assistants who make x-rays.

The proposed sections affect Title 3, Subtitle D of the Occupations Code and Title 22, Texas Administrative Code, Chapter 101-125.