The State Board of Dental Examiners (Board) proposes amended rule §110.9, concerning renewal requirements for sedation/anesthesia permit holders. This amended rule will require permit holders to renew permits biennially as opposed to annually, and will require permit holders to take the sedation/anesthesia jurisprudence assessment once every five years. This rule is being proposed to comply with the requirements of S.B. 313.

W. Boyd Bush, Jr., Ed.D., Executive Director, has determined that for the first five-year period the proposed rule is in effect, there will not be any fiscal implications for state or local government as a result of enforcing or administering the rule.

W. Boyd Bush, Jr. has also determined that for the first five-year period the proposed rule is in effect, the public benefit anticipated as a result of this rule will be the agency's compliance with legislative directives and protection of the safety and welfare of the Texas public by further education of permit holders as a result of the jurisprudence assessment requirements.

W. Boyd Bush, Jr. has determined that no economic impact statement and regulatory flexibility analysis for small businesses, micro-businesses, and rural communities is necessary for this rule.

W. Boyd Bush, Jr. has also determined that for the first five-year period the proposed rule is in effect, the following government growth effects apply: the rule does not create or eliminate a government program; implementation of the proposed rule does not require the creation or elimination of employee positions; the implementation of the proposed rule does not require an increase or decrease in future appropriations; the proposed rule does not require an increase or decrease in fees paid to the agency; the proposed rule does not create a new regulation; the proposed rule expands an existing regulation; the proposed rule does not increase the number of individuals subject to it; the proposed rule does not adversely affect the state's economy.

Comments on the proposed new rule may be submitted to W. Boyd Bush, Jr., Ed.D., Executive Director, 333 Guadalupe, Suite 3-800, Austin, Texas 78701, by Fax to (512) 305-9364, or by email to official_rules_comments@tsbde.texas.gov no later than 30 days from the date that the proposed rule is published in the Texas Register.

This rule is proposed under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety, and Texas Occupations Code §258.1552(b), which requires a permit holder to pass the online jurisprudence examination developed by the Board once every five years.

This proposed rule implements the requirements of Texas Occupations Code §258.1552.