The State Board of Dental Examiners proposes amendments to §110.2, Permit. New subsection (b) (1) and (2) was added to comply with the provisions of SB 539, Section 258.157, 77th Legislature, 2001, dealing with enteral administration of anesthesia, providing that a dentist may request an on-site office inspection and advisory opinion.

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 government as a result of enforcing or administering the rule, but state government will be impacted. The agency estimated the cost to perform office inspections to be $10,000 for the biennium and such funds have been appropriated and licensing fees have been increased to cover that amount.

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 a procedure to implement statutory provisions allowing a dentist to request an on-site office inspection and an advisory opinion will be in effect.

The fiscal implications for small or large businesses will be minimal or none at all. 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 December 30, 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 and Senate Bill 539, 77th Legislature, 2001, which requires the Board to adopt rules for the administration of enteral conscious sedation.

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