The State Board of Dental Examiners proposes amendments to §104.1, requirements for continuing education credit hours during renewal of licensure in compliance with maintaining licensure. Section 104.1 provides that for renewals of licensure beginning in 2001, and thereafter, licensees must provide proof of completion of twelve hours of acceptable continuing education in order to maintain compliance for licensure. The State Board of Dental Examiners proposes to repeal §104.1 at paragraph (2) in its entirety. Section 104.1(2) provided that all licensees begin a one year continuing education period on their renewal dates in the year 2000 and that for licensees whose three year renewal period ends in 2000, or would have ended in 2001 or 2002, the amount of continuing education due for that three year period, or portion of a three period, shall be calculated on the basis of one hour of continuing education each month of the period that has passed on the 2000 renewal date. Because the State Board of Dental Examiners no longer requires completion of thirty-six continuing credit hours within a three year renewal period, §104.1(2) is moot and no longer applicable. The remainder of §104.1 shall remain unchanged with no proposed amendments to the current language.

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 limited fiscal implications for local or state government as a result of enforcing or administering the rule.

There is no anticipated economic cost to persons who are required to comply with the elimination of §104.1(2). There is no anticipated local employment impact as a result of eliminating this section.

Mr. Hill also has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of the amended section will be uniformity in licensees' continuing education credit hours within the renewal period for licensees.

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 business when compared to large businesses. The requirements of §104.1 will impact individuals who complete continuing education credit hours and not small 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 no later than 30 days from the date that this amended rule is published in the Texas Register.

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 §257.005 which provides continuing education requirements for dentists and dental hygienists.

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