The State Board of Dental Examiners proposes amendments to §102.1, Fee Schedule. The amendments are required to comply with funding requirements to implement new legislation passed by the 77th Legislature and a program to administer the permitting process for mobile and portable dental services. The fees for administration of the program for sedation/anesthesia permit applications are also included in this rule inasmuch as the Board is of the opinion that it is appropriate to place those fees with other fees in the Fee Schedule.

Licensing agencies are required to pass along increased operating expenses to the regulated individuals by increasing fees. Accordingly, subsection (a), paragraph (2) is amended to increase the annual dental registration fee from $71 to $88. Similarly, dental hygienists' annual fee is increased, in subsection (b) paragraph (2), from $42 to $52.

The increases necessary for the 2002-2003 Biennium total $521,048. Appropriations for one (1) additional FTE and increased payments to the Health Professions Council total $96,394. Employee salary increases total $67,396. Longevity increases total $14,800. Senate Bill 539 will require inspections of and advisory opinions about the procedures of those dental providers who administer enteral sedation/anesthesia in their offices. The sum of those expenses is $20,000. House Bill 3507 will require two (2) additional FTE's, expenses for an advisory committee, extra meetings of the Board and Dental Hygiene Advisory Committee and upgrades to computer software programs. The increased expenses to develop this program are $171,965. House Bill 609 requires all state agencies, including smaller agencies, to retain internal auditors. That expense is estimated at $24,000. Direct and Indirect Costs, such as employee benefits and bonded indebtedness will increase from the 2000-2001 Biennium by a total of $126,493.

It is estimated that 10,916 dentists will renew their licenses in Fiscal Years 2002 and 2003. It is expected that 7,865 dental hygienists will renew in the same time period. Revenue realized from the increased fees for those renewals will total $528,444, more than enough to cover the increased expenses.

New §§108.40 - 108.43, of this title (relating to Mobile Dental Facilities) require that, effective September 1, 2001, every mobile dental facility and portable dental unit, with certain exceptions, must have a permit. Subsection (e) provides for an initial fee of $50.00 and renewal fee of $50.00 to recover the cost of administering the permitting program. Implementation will require enhanced databases and verification methods.

Application fees for sedation/anesthesia permits are presently found in §108.33(e), of this title (relating to Sedation/Anesthesia Permit). The Board is of the opinion that it is appropriate to include these fees in §102.1 so that similar fees are located in the same chapter.

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 is that new legislation intended for the protection of the public will be implemented in a cost-effective manner.

There will be fiscal implications for both large and small dental offices. The costs of renewing licenses for both dentists and dental hygienists will increase commensurate with the size of the staff of professionals in each office. There will be no impact on dental laboratories. There will not be an adverse economic impact on small businesses 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.