The State Board of Dental Examiners adopts amendments to §102.1, Fee Schedule, without changes to the text published in the July 20, 2001 issue of the Texas Register (26 TexReg 5328).

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 were formerly found in the body of the anesthesia rules and the Board has decided 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 paragraph (b)(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 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 rules 108.40 through 108.43 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, 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 rule §108.33(e). Moving the fees to rule §102.1 is appropriate, so that similar fees are located in the same chapter. Further, this will avoid the necessity of amending the anesthesia rules every time the fee for these permits changes.

The amended rule will ensure that new legislation intended for the protection of the public will be implemented in a cost-effective manner.

No comments were received regarding adoption of the proposal.

The amended rule is adopted under Texas Government Code §2001.021 et. seq.; Texas Civil Statutes, the Occupations Code §254.001 and §254.004 which provides that the Board shall establish reasonable and necessary fees, so the fees in the aggregate produce revenues sufficient to cover costs of administering the Dental Practice Act.