The State Board of Dental Examiners (SBDE) proposes the repeal of §§108.50 - 108.61. On April 15, 2011, the Presiding Officer of SBDE announced the formation of an ad hoc committee to review and revise existing rules relating to advertising by licensees. New §§108.50 - 108.63, addressing advertising, are presently being proposed and published concurrently in this issue of the Texas Register.

Mr. Glenn Parker, Interim Executive Director, has determined that for each year of the first five years these sections are repealed, there will be no fiscal implications for local or state government.

Mr. Parker has also determined that for each year of the first five years the sections are repealed, the public benefit anticipated as a result of enforcing the new sections will be protection of the public through updated advertising and business promotion rules that protect the public from false, deceptive, and misleading advertising.

Approximately 14,000 dentists hold active licenses to practice dentistry in Texas granted by SBDE. The Texas Comptroller estimates approximately 6,785 dental offices in the state of Texas are classified as a small or micro-business.

The projected economic impact of these proposed repeals on these small and micro-businesses is minimally negative to neutral. The proposed repealed rules do not implicate a loss of business opportunities as a consequence of their adoption; however, compliance with the proposed new rules may require modification of current business promotions to include required information and disclosures. These modifications may result in costs to the dentists and dental practices thereby having an economic effect.

Comments on the proposal may be submitted to Nycia Deal, 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 nycia@tsbde.texas.gov (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 the sections are published in the Texas Register.

The repeals 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 repeals affect Texas Occupations Code, Title 3, Subtitle D and Texas Administrative Code, Title 22, Part 5.