The Texas State Board of Dental Examiners (Board) proposes amendments to 22 TAC Chapter 108, §108.7, concerning the minimum standard of care. The section as amended contains numerous revisions to clarify and standardize language, and to improve organization.

Proposed amendments to paragraph (3)(A) would require that a dentist document physical examinations, and to conduct such examinations periodically, as well as when a reasonable and prudent dentist would determine they are indicated.

Proposed amendments to paragraph (5) would eliminate language restricting acceptable providers of required courses in cardiopulmonary resuscitation, pursuant to a previous legislative mandate. Courses must include a demonstration of skills and a written evaluation.

The proposed amendment to paragraph (6) would require that dentists obtain written informed consent signed by the patient prior to certain procedures. Currently, the language uses the suggestive "should," which has been interpreted in the context of standard of care to imply a requirement. The proposed amendment replaces "should" with the more clearly mandatory word "shall."

There are no other substantive changes to the section.

Ms. Sherri Sanders, Interim Executive Director of the 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.

The public benefit anticipated as a result of enforcing or administering the section will be improved safety for dental patients via reasonably frequent limited physical examinations and reviews of medical histories, that may reveal and allow dentists to avoid potential complications. Further, the clearer requirement regarding written informed consent helps to ensure that patients receive a full disclosure of the nature of the treatment they are undergoing, as well as any possible complications that may arise as a consequence of treatment.

There is no impact on large, small or micro-businesses.

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 Sherri Sanders, Interim 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 amendment is proposed under Texas Government Code §2001.021 et seq., Texas Civil Statutes, and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

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