The State Board of Dental Examiners (Board) adopts an amendment to rule §110.7, concerning Portability, with changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5629). The rule eliminates the need for a portability permit and requires portable dentists to attest to practicing portable anesthesia on their applications, in accordance with SB313.

The proposed rule included a requirement that a portable dentist list which offices they would be administering anesthesia services at. The Board received dozens of comments in opposition to that provision and over 25 requests for a public hearing. Rather than hold a public hearing on the matter, the Board has dropped that requirement. The Board is adopting the rule as modified, without resubmission, because the final rule does not materially alter the issues raised in the proposed rule. The proposed rule fairly apprised affected parties of the pertinent issues and allowed them to comment and participate in the rulemaking process in a meaningful and informed manner. The Board received no objections about the provisions in this adoption - all objections were related to the requirement that has been removed. The rule being adopted mirrors the requirements of Texas Dental Practice Act §258.1553, which was added by SB313.

This amendment is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.