The Texas State Board of Dental Examiners (Board) adopts amendments to 22 TAC Chapter 104, §104.1, concerning continuing education requirements for dentists and dental hygienists. Section 104.1 is adopted without changes to the proposed text as published in the May 7, 2004, issue of the Texas Register (29 TexReg 4407).

The amendments require that dentists and dental hygienists take an additional three hours of continuing education in the area of jurisprudence, to be completed every three years. The section as amended also contains revisions to clarify and standardize language, and to improve organization.

The Board received a comment from the Texas Dental Association. The comment suggested that the three hour requirement be included in the existing 12 hour annual requirement. The Licensing Committee of the board considered the comment, but declined to make the change. The current 12 hour requirement is a statutory minimum requirement, and the additional three hour requirement over a course of three years is not an onerous additional burden.

The Texas Dental Association also suggested that courses in ethics be allowed to meet the requirement. The intent of the board in adding this requirement was to specifically encourage that licensees have an understanding of the statutes and rules that govern them.

The Board appreciates these comments; however, no changes to the section as proposed will be made.

No other comments were received regarding the proposed amendments.

The amendments are adopted 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 §257.005 of the Occupations Code, which requires that the Board develop a continuing education program for dentists and dental hygienists.