The Texas State Board of Dental Examiners (Board) proposes amendments to 22 TAC Chapter 108, §108.8, concerning records of the dentist. The amendments are primarily proposed to clarify existing requirements.

Proposed amendments to subsection (b) would require that: the reviews of medical history and limited medical exams be evidenced in the dental record by the dentist's signature, initials, or notes; that radiographs shall be of diagnostic quality sufficient to enable one to determine the patient's existing dental condition; and that treatment plans be signed by the patient.

Proposed amendments to subsection (g) would require that a dentist providing copies of dental records not otherwise specifically enumerated in this rule may charge a fee not more than the actual cost of production, reproduction, or duplication of the records, as verified by invoice.

The section as amended contains numerous revisions to clarify and standardize language, and to improve organization.

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.

Ms. Sanders also has determined that for each year of the first five-years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing or administering the section will be derived from dental patients' being better informed of their treatment options, and being ensured better quality diagnoses from radiographs that are required to be of a reasonable diagnostic quality.

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