The State Board of Dental Examiners (Board) proposes new §114.6, relating to General Qualifications for Registration or Certification. The new section was suggested by staff and proposed by the Board to create a process for the conditional registration of dental assistants who might otherwise not qualify for registration due to criminal conduct.

Ms. Sherri Sanders Meek, Executive Director, has determined that for each year of the first five years the new section is in effect, the public benefit anticipated as a result of enforcing the proposal will be greater protection of the public. Proposed new §114.6 outlines general qualifications for individuals applying for registration or certification as a dental assistant similar to the general qualification sections for dentists, found in §101.1, and for dental hygienists, found in §103.1. In addition, the section outlines the circumstances in which the Board may refuse to issue a dental assistant registration or certification and creates a process the Board may utilize to issue a conditional dental assistant registration or certification in situations where an individual may not qualify to receive an unencumbered dental assistant registration or certification due to criminal conduct.

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

The new section is 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, and Texas Occupations Code §265.001, which provides the Board with the authority to adopt and enforce rules regarding the registration of dental assistants as necessary to protect the public health and safety.

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