The Texas State Board of Dental Examiners (Board) proposes a new §114.21, regarding the requirements for courses and examinations required to obtain dental assistant radiologic certification, to be added to 22 TAC Chapter 114. The section is proposed to enact certain requirements imposed by Senate Bill 610, §9, 79th Legislature, which requires that dental assistants who perform radiologic procedures be certified by the Board.

The language of the section is consistent with the revised statutory language and the recommendations of the Dental Assistant Advisory Committee, which consisted of dentists, dental assistants, dental hygienists, and educators.

Dr. Jim Zukowski, Ed.D., 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 limited fiscal implications for local or state government as a result of enforcing or administering the section. Those costs will largely be related to the review, approval, and auditing of courses and examinations.

There is no anticipated economic cost to persons who are required to comply with the section as proposed. There is no anticipated local employment impact as a result of enforcing the section as proposed.

Dr. Zukowski, Ed.D., has determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcement will be the improvement in the education and capabilities of dental assistants who perform radiographic procedures on patients in the State of Texas.

The fiscal implications for small or large businesses will be minimal or none at all. Therefore, the Board has determined that compliance with the proposed section will not have an adverse economic impact on small businesses when compared to large businesses.

Comments on the proposal may be submitted to Dr. Jim Zukowski, Ed.D., Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. 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., 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, and Senate Bill 610, §9, 79th Legislature, which requires the Board to establish rules for the certification of dental assistants who position or expose radiographs.

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