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 being proposed and published concurrently in the Texas Register.

Mr. Glenn Parker, Executive Director, has determined that for each year of the first five years these sections are repealed, there will be no fiscal implications for local or state government.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 Parker has also determined that for each year of the first five years the sections are repealed, the public benefit anticipated as a result of enforcing the new sections will be protection of the public through updated advertising and business promotion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.

Economic Impact Statement and Regulatory Flexibility Analysis for Small and Micro Businesses. As required by the Government Code §2006.002 the Board has determined that the proposed repeal will not have an adverse economic effect on any small or micro-business required to comply with the proposal because it does not impose new requirements on any business nor require increased staff or equipment to comply with the repeal. There is no anticipated economic cost to regulated persons to whom the proposed repeal applies.

Takings Impact Assessment. The Board has determined that this proposed repeal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

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 repeal 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.

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