The Texas State Board of Dental Examiners (Board) proposes amendments to 22 TAC Chapter 107, §107.63, concerning the Board's use of informal and alternative dispute resolution processes. The amendments are proposed to enact certain requirements imposed by Senate Bill 263, §10 and §19, 78th Legislature. The section as amended also contains revisions to clarify and standardize language, and to improve organization.

Section 107.63(c)(2) has been added to detail the procedures for staff settlement conferences, pursuant to Senate Bill 263, §19, 78th Legislature. These proposed amendments allow cases to be resolved via an informal settlement conference presided over by board staff, with the allowance for participation by a board member on cases involving standard of care issues.

Section 107.63(d) has been added to specifically allow contested disciplinary matters to be referred to an alternative dispute resolution process, pursuant to Senate Bill 263, §10, 78th Legislature.

Section 107.63(f) has been added to specifically allow the board to award restitution in certain disciplinary matters, pursuant to Senate Bill 263, §19, 78th Legislature.

There are no other substantive changes to the section.

Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners has determined that for each year of the first five-year period the section is in effect, the public benefit anticipated as a result of enforcing or administering the section will be significant. The use of staff settlement conferences will expedite the resolution of many cases, allowing for quicker and more appropriate response to complaints. The use of informal processes to resolve contested matters will expand the Board's ability to encourage cooperation, rather than conflict, in the Board's relationship with licensees. Finally, the ability to order restitution in some matters will not only help restore complainants to their original status in some measure, but will likely de-escalate some conflicts between complainants and licensees.

The impact on large, small or micro-businesses will be negligible, except that the more expeditious resolution of contested cases will undoubtedly save licensees from incurring legal and other associated expenses.

The anticipated economic cost to persons as a result of enforcing or administering the section is negligible, and would only arise from the imposition of orders for restitution.

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 this amended section is published in the Texas Register.

The section 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 Government Code, Chapter 2009, which allows for and promotes the use of alternative dispute resolution processes; and Senate Bill 263, §10 and §19, 78th Legislature, 2003, as previously discussed.

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