The Texas State Board of Dental Examiners (Board) adopts new §114.11, concerning exemption from dental assistant registration. Section 114.11 is adopted without changes to the proposed text as published in the May 7, 2004, issue of the Texas Register (29 TexReg 4409).

The new section clarifies 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 adopted section exempts from the registration requirement individuals who are only performing radiological procedures for training or educational purposes, under proper supervision. The exemption under this 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.

No comments were received regarding the proposed section.

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

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