The Texas State Board of Dental Examiners (Board) proposes an amendment to §114.3, concerning pit and fissure sealant certification. The amendment is proposed to enact certain requirements imposed by Senate Bill 455, 81st Legislature, Regular Session, September 1, 2009, which changes the requirements for dental assistants who apply for pit and fissure sealant certification after September 1, 2009 and makes changes to the continuing education requirements for dental assistants. In accordance with the requirements of Senate Bill 445, the previous Pit and Fissure Sealant requirements contained in this section remain in effect for registrants who applied for certification before September 1, 2009. In addition, the title of this section has been changed for the purposes of clarification and to indicate that the requirements of this section specifically apply to the Pit and Fissure Sealant Certificate.

Ms. Sherri Sanders Meek, Executive Director, has determined that for each year of the first five-year period the section is in effect, there will be limited fiscal implications for local or state government as a result of enforcing or administering the section.

There is an anticipated economic cost to persons who are required to comply with the section as proposed, arising from the cost of required courses and examinations, and incidental costs. There is no anticipated local employment impact as a result of enforcing the sections as proposed.

Ms. Meek has determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcement will be the improvement in the education, capabilities, and regulation of dental assistants who perform pit and fissure sealant procedures on patients in the state of Texas. In addition, by allowing dental assistants who have been properly trained and certified to perform Pit and Fissure Sealants, dentists and dental hygienists will be free to focus their attention on more complex procedures. This will improve access to healthcare for dental patients in the state.

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 section will not have an adverse economic impact on small businesses when compared to large businesses. The requirements of this section will impact individuals who make application for registration, and would only impact small businesses who choose to pay course registration and examination fees for their dental assistant employees.

Comments on the proposal may be submitted to Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, (512) 475-0972. 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 this section is published in the Texas Register.

The amendment is 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.

The proposed amendment affects Title 3, Subtitle D of the Occupations Code and Texas Administrative Code, Title 22, Part 5.