The State Board of Dental Examiners (Board) adopts new §114.6, relating to General Qualifications for Registration or Certification. The new section is adopted with changes to the proposed text as published in the September 10, 2010, issue of the Texas Register (35 TexReg 8242) and will be republished.

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. The new section 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.

No comments were received regarding the new section.

The proposed rule inadvertently referred to licensure instead of registration/certification, so this non-substantive change will be made to the adopted rule. This change will affect subsection (f)(2)(B), (C) and (D). In addition, an editorial change is made to subsection (f)(4) by changing the word "of" to the word "to."

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