The State Board of Dental Examiners (Board) proposes an amendment to rule §102.1, concerning Fees. This amendment will increase fees to provide for the rising costs of running the agency, particularly the Prescription Monitoring Program, updates to the National Practitioner Database, and technological changes necessary to implement biennial license renewals. Increases mandated by the legislature are effective on May 1, 2018 and can found in the two columns marked "85th Leg". Other increases are as follows:

DDS Faculty Annual Renewal +$2

DDS Faculty Annual Renewal- Late 1 to 90 days +$1.50

DDS Faculty Annual Renewal- Late 91 to 365 days +$1

RDH Faculty Annual Renewal- Late 1 to 90 days +$2.50

RDH Faculty Annual Renewal- Late 91 to 365 days +$3

RDA Annual Renewal- Late 1 to 90 days +$2.50

RDA Annual Renewal- Late 91 to 365 +$3

Dental Laboratories Annual Renewal- Late 1 to 90 days +$2.50

Dental Laboratories Annual Renewal- Late 90 to 365 days +$3

Annual Mobile Renewal- 1 to 90 days +$92

Annual Mobile Renewal- 91 to 365 days +$122

Please note the asterisk next to anesthesia permit fees. The numbers reflect a substantial increase in fees that is an estimate necessary to administer the Board's anesthesia permit inspection program. Those fees are not being changed at this time.

Tyler Vance, Interim Executive Director, has determined that for the first five-year period the proposed rule is in effect, there will not be any fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Vance has also determined that for the first five-year period the proposed rule is in effect, the public benefit anticipated as a result of administering this section will be to help administer the functions of the agency and to comply with legislative requirements related to the PMP.

Mr. Vance has determined that there may be an adverse economic impact on small business and micro business. Specifically, the Board currently has 59 licensed mobile facilities and 826 licensed dental laboratories. Most, if not all of these licensees are small or micro businesses. The fee increases will have a negative economic effect on these entities, but the Board is legislatively required to raise fees to cover the expenses of operating the Board. In considering alternatives, the Board is only raising fees for renewal applications that are submitted late. Licensees who provide their materials on time are not facing any increases. Also, there were previously no late fees whatsoever for mobile renewal applications that were late. Every other license with the Board has late fees, and it is only fair that mobile facilities do, too.

Mr. Vance has also determined that for the first five-year period the proposed rule is in effect, the following government growth effects apply: the rule does not create or eliminate a government program; implementation of the proposed rule does not require the creation or elimination of employee positions; the implementation of the proposed rule does not require an increase or decrease in future appropriations; the proposed rule does not require an increase or decrease in fees paid to the agency; the proposed rule creates a new regulation; the proposed rule expands an existing regulation; the proposed rule increases the number of individuals subject to it; the proposed rule does not adversely affect the state’s economy.

Comments on the proposed amended rule may be submitted to Tyler Vance, Interim Executive Director, 333 Guadalupe, Suite 3-800, Austin, Texas 78732, Fax (512) 305-9364, tvance@tsbde.texas.gov no later than 30 days from the date that the proposed rule is published in the Texas Register.

This rule is proposed 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.

No statutes are affected by this proposed rule.