The State Board of Dental Examiners (Board or SBDE) proposes amendments to §108.7, relating to the minimum standard of care in the practice of dentistry; §108.8, relating to records of the dentist; and §108.9, relating to dishonorable conduct. The amendments were suggested by staff to clarify provisions relating to standard of care, records of the dentist, and dishonorable conduct.

Ms. Sherri Sanders Meek, Executive Director, has determined that for each year of the first five years the amended sections are in effect, the public benefit anticipated as a result of enforcing the proposals will be that licensees will have a better understanding of these professional requirements. Amendments to §108.7 provide an expanded, though not exhaustive, list of standard of care violations. Amendments to §108.8 clarify requirements regarding records transfer agreements and records maintenance agreements. The amendments also specifically require dentists to provide diagnostic quality x-rays and legible records in response to requests from patients and the SBDE. The amendments do not substantively change the records requirements for dentists, but integrate language that better reflects current interpretation of the section. Amendments to §108.9 implement wording that reflect current statutory provisions.

Ms. Meek has also determined that for each year of the first five years the amended sections are in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering these sections. There is no anticipated economic impact on individuals or small or micro-businesses required to comply with the rules as proposed.

Comments on the proposal may be submitted to Carey A. Olney, staff attorney, State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701 (by mail), (512) 463-7452 (by fax), or carey.olney@tsbde.state.tx.us (by email). To be considered, comments must be in writing and received by the State Board of Dental Examiners no later than 30 days from the date that these sections are published in the Texas Register.

The amendments are proposed under 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 amendments affect Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.