The State Board of Dental Examiners (Board) proposes amended rule 22 TAC §101.11, concerning the temporary or permanent appointment of a custodian of records for a dentist's records. This amendment to the existing rule will require dentists to designate a custodian, and will provide for the Board to appoint a custodian if needed. This rule is being proposed to comply with the requirements of Texas Occupations Code §258.0511(c).

The Board is proposing this amended rule after gathering comment and input on a previously-proposed version of this rule, and the text of this proposed rule reflects comments received by BresnenAssociates on behalf of the Association of Dental Support Organizations.

FISCAL NOTE: W. Boyd Bush, Jr., Ed.D., Executive Director, has determined that for the first five-year period the proposed rule is in effect, the proposed rule does not have foreseeable implications relating to cost or revenues of the state or local governments.

PUBLIC BENEFIT-COST NOTE: 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 the safety and security of patient records.

LOCAL EMPLOYMENT IMPACT STATEMENT: The Board has determined that this rule will have no effects on a local economy and therefore a local employment impact statement is not required.

SMALL AND MICRO-BUSINESS, RURAL COMMUNITY IMPACT STATEMENT: The Board has determined this proposed rule will not have an adverse economic effect on small businesses, micro-businesses, or rural communities. Therefore, the Board is not required to prepare the economic impact statement or regulatory flexibility analysis.

GOVERNMENT GROWTH IMPACT STATEMENT: The Board has determined that for the first five-year period the proposed rule is in effect, the following government growth effects apply: (1) the rule does not create or eliminate a government program; (2) implementation of the proposed rule does not require the creation or elimination of employee positions; (3) the implementation of the proposed rule does not require an increase or decrease in future appropriations; (4) the proposed rule does not require an increase or decrease in fees paid to the agency; (5) the proposed rule does not create a new regulation; (6) the proposed rule does expand an existing regulation; (7) the proposed rule does not increase or decrease the number of individuals subject to it; and (8) the proposed rule does not positively or adversely affect the state's economy.

COST TO REGULATED PERSONS: This proposed rule does not impose a cost on a regulated person and therefore is not subject to Tex. Gov't. Code §2001.0045.

Comments on the proposed 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 for 30 days following the date that the proposed rule is published in the Texas Register. Comments must be: (1) postmarked or shipped by the last day of the comment period; or (2) faxed or e-mailed by midnight on the last day of the comment period to be considered for purposes of this rulemaking.

This rule is proposed under the direction of Texas Occupations Code §258.0511(c), requiring the Board to adopt rules regarding the designation and duties of a dental custodian of records.

No statutes are affected by this proposed rule.