The State Board of Dental Examiners (Board) proposes this new rule 22 TAC §107.110, concerning baseless or unfounded complaints. The purpose of this rule is to create the structure for dismissal of baseless or unfounded complaints required by Texas Occupations Code §263.0074. Adoption of this rule is a requirement of Senate Bill 313 of the 85th Legislature.

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 protection of the public safety and welfare by providing for appropriate resolution of complaints filed with the Board.

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 creates a new regulation; (6) the proposed rule does not 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 Street, 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. To be considered for purposes of this rulemaking, 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.

This rule is proposed under Texas Occupations Code §254.001(a)-(b), 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 permits the Board to adopt rules regarding its proceedings, and Texas Occupations Code §263.0074, which directs the Board to adopt rules establishing criteria for determining baseless or unfounded complaints.

This rule implements Texas Occupations Code §263.0074.