Texas Register Preamble

The State Board of Dental Examiners (Board) proposes new rule §110.18, concerning the inspection of sedation/anesthesia providers. This new rule will require permit holders to undergo compliance inspections within one year of receiving a level 2, 3, or 4 sedation/anesthesia permit, as well as an inspection for all other level 2, 3, or 4 permit holders by September 1, 2022. This rule is being proposed to comply with the requirements of S.B. 313 regarding the inspections of sedation/anesthesia providers.

W. Boyd Bush, Jr., Ed.D., 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.

W. Boyd Bush, Jr. has also determined that for the first five-year period the proposed rule is in effect, the public benefit anticipated as a result of this rule will be the agency's compliance with legislative directives and increased public safety as a result of the inspection and confirmation of compliance for permit holding dentists.

W. Boyd Bush, Jr. has also determined that an economic impact statement and regulatory flexibility analysis for small businesses and micro-businesses is necessary for this rule. The Board currently has approximately 3,400 permit holders affected by this rule across the State of Texas. Many of these permit holders are considered small or micro-businesses in that they are independent practitioner-business owners employing fewer than 100 employees. Small businesses and micro-businesses, will almost certainly experience an adverse economic effect from this proposed rule. Many permit holders operate in small or micro-business formats, as their offices are solo or small dental practices. Preparation for inspections and possible downtime during the inspection process may force these providers to sacrifice some income from patients that would have been scheduled during the inspection time. However, this rule is being proposed due to a legislative mandate in Senate Bill 313 (85th Legislature) that requires these practitioners to undergo inspections as necessary to enforce the requirements of the Dental Practice Act and Board rules. The legislature has mandated inspections to protect the health and safety of all Texans. The Board was charged with developing a policy for inspections and developing the training and policies necessary to implement the inspection program, and after many discussions about alternatives they arrived at the requirements that are being proposed. The Board believes the proposed rule strikes a good balance between protecting the public health and safety and avoiding onerous inspection requirements that would impact permit holders' ability to provide services to the public.

W. Boyd Bush, Jr. 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 require an increase 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 new rule may be submitted to W. Boyd Bush, Jr., Ed.D., Executive Director, 333 Guadalupe, Suite 3-800, Austin, Texas 78701, by Fax to (512) 305-9364, or by email to official_rules_comments@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, and Texas Occupations Code §258.156, which authorizes the Board to establish an inspection program for all providers of level 2, 3 or 4 sedation/anesthesia permits.

This proposed rule implements requirements of S.B. 313 and Texas Occupations Code §258.156(b) - (h). W. Boyd Bush, Jr., has determined that this rule is necessary to protect the health, safety, and welfare of the residents of Texas, and as such, Texas Government Code §2001.0045(c)(6) is applicable to this proposed rule.

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