The State Board of Dental Examiners (Board) adopts an amendment to 22 TAC §104.1, concerning continuing education requirements. This amendment is adopted without changes to the proposed text as published in the October 11, 2019, issue of the Texas Register (44 TexReg 5863). The rule will not be republished.

This amendment will implement the requirements for safe and effective pain management education required by H.B. 2454 of the 86th Legislature and implementing the requirements of Section 257.005(b-1) of the Occupations Code. Per Section 4 of H.B. 2454, the requirements of additional continuing education do not apply to renewal applications submitted before January 1, 2021. Additionally, this amendment permits continuing education courses taken pursuant to 22 TAC §111.1 to satisfy recordkeeping continuing education requirements; the Board is proposing an amendment to 22 TAC §111.1 simultaneously with this amendment.

One comment was received after publication of the proposed rule amendment during the official comment period. On October 28, 2019, the Texas Dental Association provided a written comment in support of adoption of the rule amendment as proposed. The Board agrees with this comment and no changes to the proposed rule amendment were made as a result of the comment.

This rule 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, and Texas Occupations Code §257.005(b-1) (effective Sept. 1, 2019), which directs the Board to require a licensed dentist whose practice includes direct patient care to complete not less than two hours of board-approved continuing education annually regarding safe and effective pain management related to the prescription of opioids and other controlled substances.

This rule implements the requirements of H.B. 2454 of the 86th Legislature and Texas Occupations Code §257.005(b-1).