The Texas State Board of Dental Examiners (Board) proposes new §114.11, concerning exemption from dental assistant registration. The new section is proposed to clarify the enactment of certain requirements imposed by Senate Bill 263, §25, 78th Legislature, requiring that dental assistants that make x-rays be registered to do so.

Specifically, the proposed language would exempt from the registration requirement individuals who are only performing radiological procedures for training or educational purposes, under proper supervision. The exemption under the proposed section for an individual performing radiological procedures as part of on-the-job training is limited to 180 days in duration. This allowance is consistent with that allowed in the current dental assistant registration rules.

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, there is little to no public benefit anticipated as a result of enforcing or administering the section.

The impact on large, small or micro-businesses will be significant. The measure will allow a substantial time period for new or currently non-certified dental assistants to receive on-the-job training prior to taking the examinations required to receive a certificate of registration, improving the chances of examination success. The extra time will also allow potential registrants and their employers sufficient time to plan for any work time to be lost to take the examinations, and will prevent employers from being immediately without assistance in taking radiographs.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

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, and Senate Bill 263, §25, 78th Legislature, requiring that dental assistants that make x-rays be registered to do so.

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