The Texas State Board of Dental Examiners (Board) adopts new §§114.20 - 114.23, regarding radiologic credentialing for dental assistants, to be added to 22 TAC Chapter 114. Specifically, these sections cover radiologic credentialing of dental assistants, requirements for dental assistant registration courses and examinations, dental assistant course objectives and dental assistant examination integrity. Section 114.20 is adopted with changes to the proposed text as published in the February 17, 2006, issue of the Texas Register (31 TexReg 958). Sections 114.21 - 114.23 are adopted without changes, and these sections will not be republished. These sections 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 adopted is consistent with the revised statutory language, similar Board rules regarding registration, and the recommendations of the Dental Assistant Advisory Committee, which consisted of dentists, dental assistants, dental hygienists, and educators.

New §114.20 addresses the general requirements and process for the certification of dental assistants who perform radiologic procedures.

New §114.21 addresses the minimum requirements for entities wishing to offer a course or examination to fulfill the requirements for dental assistant registration.

New §114.22 addresses the minimum requirements for dental assistant course objectives.

New §114.23 addresses the minimum requirements for maintaining dental assistant examination integrity.

The SBDE received comments regarding the new rules from the Texas Dental Association (TDA) and the Texas Dental Hygiene Association (TDHA). A summary of the comments and the Board's responses are set out below.

The TDA commented that §114.20(d)(3) may need additional language to clarify the meaning of the rule. Staff clarified §114.20(d)(3) by adding additional language to ensure consistency with Senate Bill 610 and to clarify dental assistant registration renewal requirements. The Board adopted §114.20 with this additional language.

The TDHA commented that §114.20(h) should be changed to replace the word "may" with the word "shall" in the second sentence to ensure that dental assistants are required to display their annual registrations in each office where they practice in the same manner as dentists and dental hygienists. Staff changed §114.20(h) by replacing the word "may" with the word "shall" in the second sentence as suggested. The Board adopted §114.20 with this change.

The TDHA also commented that under §114.20(d)(2)(C)(ii) there should be similar limits on the number of self-study CE course hours accepted for dental assistants as there is for dentists and dental hygienists, that the words "and the Dental Assistant Advisory Committee" should be struck from §114.21(c)(1) and (2), (d)(1) and §114.22, and that the SBDE should amend the course objectives mentioned in the proposed rule under §114.22(1) and (2) to include a practicum in order to establish a minimum standard of both clinical and didactic competency among dental hygienists. Staff appreciates these comments from the TDHA; however, no changes were made to the rules in response to these comments. Staff believes that the CE course hour requirements, the inclusion of the phrase "and the Dental Assistant Advisory Committee" and the course objectives as laid out in the rules, are consistent with the intent of Senate Bill 610.

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