The State Board of Dental Examiners adopts amendments to §108.7, relating to Minimum Standard of Care, General. The amendments are adopted without changes to the proposed text as published in the May 21, 2010, issue of the Texas Register (35 TexReg 3932) and will not be republished.

The amendments were proposed to provide an expanded list of standard of care requirements for licensees.

The Board received one comment from the Texas Dental Association (TDA) regarding the amendments. TDA states: "Amendments to §108.7 provide an expanded, though not exhaustive, list of standard of care violations. The effect is to allow the Board to determine what is, or is not, negligence or proper diligence in a dentist rendering care. This provides the Board a great deal of discretion to determine whether a dentist meets standard of care and thus expands the Board's authority to take action against a dentist without providing the dentist with specific direction regarding prohibited conduct."

The Board responds that the amended language reflects the statutory language in Dental Practice Act §263.002 and therefore does not broaden the Board's power but mirrors the statute. The Board recommends no change.

The amended section is 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.

The adopted section affects Texas Occupations Code, Title 3, Subtitle D, and Texas Administrative Code, Title 22, Part 5.