The State Board of Dental Examiners (Board) proposes amendments to §108.8, concerning Records of the Dentist. The section establishes requirements related to patient records held by a dentist. The amendment was suggested by Staff and allows dentists to conduct a tactile and visual oral examination and document that as part of their clinical findings.

The proposed amendment to subsection (c) would require documentation in the patient record of the findings of a thorough tactile and visual examination of soft and hard tissues of the oral cavity.

Ms. Sherri Meek, Executive Director, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

Ms. Meek has also determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be enhancement of the professional practice of dentists by encouraging dentists to perform and document a visual and tactile examination. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section.

Comments on the proposal may be submitted in writing to Joy Sparks, General Counsel, State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701. Comments may also be submitted electronically to joy@tsbde.texas.gov or faxed to (512) 463-7452. To be considered, all written comments must be received by the State Board of Dental Examiners no later than 30 days from the date that this amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §2001.021 et seq., and Texas Occupations Code §254.001, which authorizes the Board to adopt and enforce rules necessary for it to perform its duties.

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