The State Board of Dental Examiners proposes amendments to §108.7, Minimum Standard of Care, General. The amendment results from an effort by the Board and several interested entities, including the three Texas dental schools, the Health and Human Services Commission, and the Texas Department of Health to develop standards for the contents of records required to be maintained by dentists in Texas pertaining to the dental services rendered to patients. The language of paragraph (1) has been modified to drop references to required records, and to refer to rule 108.8, Records of the Dentist, where specifics are shown. Paragraph (6) has been changed to add the words "...treatment plans and..." as well as "...treatment plans or..." to clarify the requirement for informed consent.

Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has determined for the first five-year period the amended rule is in effect there will be no fiscal implications for local or state government as a result of enforcing or administering the rule.

Mr. Hill also has determined that for each year of the first five years the amended rule is in effect the public benefit anticipated as a result of amending the rule will be that only one §108.8, defines records keeping requirements and that an informed consent must include knowledge of treatment plans.

There will be no fiscal implications for small or large businesses. Therefore the SBDE has determined that compliance with the proposed amended rule will not have an adverse economic impact on small businesses when compared to large businesses.

Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, (512) 463-6400. To be considered, all written comments must be received by the State Board of Dental Examiners on or before August 20, 2001.

The amended rule is proposed under Texas Government Code §2001.021 et.seq; Texas Civil Statutes, the Occupations Code §254.001 which provides the State Board of Dental Examiners with the authority to adopt and enforce rules necessary for it to perform its duties, and to ensure compliance with laws relating to the practice of dentistry.

The proposed amended rule does not affect other statutes, articles, or codes.