Part V.
State Board of Dental Examiners
Chapter 101.
Dental Licensure
22 TAC §101.2
The State Board of Dental Examiners proposes new §101.2,
concerning staggered dental registrations.
Douglas A. Beran, Executive Director, State Board of Dental Examiners,
has determined for the first five-year period the rule is in effect there
will be no fiscal implications for local government as a result of enforcing
or administering the rule. There will be no fiscal impact on state government
because the proposed rule describes procedures already in place as authorized
by the Dental Practice Act at Article 4550b.
Mr. Beran also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that Board rules will clarify for dental licensees the procedure
by which dental registrations are staggered and the fees due for the initial
staggered registration period and subsequent annual renewals.
There will be no effect on small and large businesses. The economic costs
to persons who are required to comply with the rule as proposed will be contingent
upon their placement in the staggered registration system.
Comments on the proposal may be submitted to Mei Ling Clendennen, Executive
Assistant, State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512-463-6400). To be considered, all comments and
written requests for public hearing must be received by the State Board of
Dental Examiners on or before March 16, 1998.
The new rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, Article 4543 §2 and 4551d which provide
the State Board of Dental Examiners with the authority to adopt and promulgate
rules consistent with the Dental Practice Act; and Article 4550b, which provides
that the Board by rule may adopt a staggered registration system.
The proposed new rule does not affect other statutes, articles, or codes.
§101.2. Staggered Dental Registrations.
The State Board of Dental Examiners, pursuant to Article 4550b, V.T.C.S.,
has established a staggered license registration system comprised of initial
dental license registration periods followed by annual registrations (i.e.,
renewals).
(1)
The initial, staggered dental license registration periods
will range from 6 months to 17 months. Each dentist for whom an initial dental
license registration is issued will be assigned a computer-generated check
digit. The length of the initial license registration period will be according
to the assigned check digit as follows:
(A)
a dentist assigned to check digit 1 will be registered
for 6 months;
(B)
a dentist assigned to check digit 2 will be registered
for 7 months;
(C)
a dentist assigned to check digit 3 will be registered
for 8 months;
(D)
a dentist assigned to check digit 4 will be registered
for 9 months;
(E)
a dentist assigned to check digit 5 will be registered
for 11 months;
(F)
a dentist assigned to check digit 6 will be registered
for 12 months;
(G)
a dentist assigned to check digit 7 will be registered
for 13 months;
(H)
a dentist assigned to check digit 8 will be registered
for 14 months;
(I)
a dentist assigned to check digit 9 will be registered
for 15 months; and
(J)
a dentist assigned to check digit 10 will be registered
for 17 months.
(2)
For individuals who qualify for dental licensure
by examination, the initial dental license registration fees will be as follows:
(A)
an annual license registration fee of $70 prorated according
to the number of months in the initial registration period;
(B)
$9.00 for peer assistance.
(3)
For individuals who qualify for dental licensure
by credentials, the initial dental license registration fees will be as follows:
(A)
an annual license registration fee of $70 prorated according
to the number of months in the initial registration period;
(B)
$9.00 for peer assistance;
(C)
a $200 annual assessment by the Texas Legislature for
deposit to the General Revenue Fund.
(4)
Subsequent to the initial registration period,
a licensee's annual registration (renewal) will occur on the first day of
the month that follows the last month of his/her initial dental license registration
period. Pursuant to §102.1(a) of this title (relating to Fee Schedule),
the licensee will pay the following fee for each annual registration (i.e.,
renewal):
(A)
a license registration fee of $70;
(B)
$200 annual assessment by the Texas Legislature for deposit
to the General Revenue Fund;
(C)
$9.00 for peer assistance.
(5)
Approximately 60 days prior to the expiration
date of the initial dental license registration period, a license renewal
notice will be mailed to all dental licensees who have that expiration date.
(6)
A license registration expired for more than one
year may not be renewed.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801315
Douglas A. Beran, Ph.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-6400
22 TAC §102.1
The State Board of Dental Examiners proposes an amendment
to §102.1, concerning fees.
Douglas A. Beran, Executive Director, State Board of Dental Examiners,
has determined for the first five-year period the rule is in effect there
will be no fiscal implications on state or local government as a result of
enforcing or administering the rule. The fiscal impact on state government
will be contingent upon the number of exception tracking numbers issued to
registrants in each state-supported dental school.
Mr. Beran also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that licenses, registrants, and dental schools will know
the appropriate fees due to State Board of Dental Examiners.
There will be no effect on small and large businesses. The anticipated
economic costs to persons and/or dental schools required to comply with the
rule as proposed will be contingent upon the costs associated with each application,
registration, tracking number, et cetera.
Comments on the proposal may be submitted to Mei Ling Clendennen, Executive
Assistant, State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512-463-6400). To be considered, all comments and
written requests for public hearing must be received by the State Board of
Dental Examiners on or before March 16, 1998.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, Article 4543 §2 and 4551d which provide
the State Board of Dental Examiners with the authority to adopt and promulgate
rules consistent with the Dental Practice Act, and Article 4550a §1
and §2, Article 4550c, Article 4551e §5, Article 4551f §6,
Article 4547, Article 4545a, and Article 4544 §1 and §2 and §467.0041,
Title 6, Chapter 467 of the Health and Safety Code, Peer Assistance Programs.
The proposed amended rule does not affect other statutes, articles, or
codes.
Fee Schedule
[
(a)
Dentists.
[
(1)
Application for licensure by examination
[
(A)
initial application/examination:
$150; and
(B)
initial assessment by the
Texas Legislature for deposit to the General Revenue Fund: $200;
(2)
Annual registration
[
(3)
Annual peer assistance: $9.00.
[
(4)
Annual assessment by Texas Legislature for deposit
to the General Revenue Fund: $200.
[
(5)
Application for licensure by credentials: $2,000.
[
(6)
Duplicate license: $15.
(7)
Duplicate renewal certificate:
$15.
(8)
Reactivate a retired
license: $250.
(b)
Dental Hygienists:
[
(1)
application for licensure by examination:
[
(2)
annual registration:
[
(3)
annual peer assistance: $2.00;
[
(4)
application for licensure
by credentials: $475;
(5)
duplicate license: $15;
(6)
duplicate renewal certificate:
$15; and
(7)
reactivate a retired
license: $250.
(c)
Dental laboratories:
[
(1)
initial application: $100;
and
(2)
annual registration:
$100.
(d)
Application for faculty member exception tracking
(identification) number: $75.
[
(e)
Application for dental intern or resident exception
tracking (identification) number: $25.
[
[
A duplicate renewal certificate
fee shall be $15.]
[
The administrative fee to
reactivate a retired license shall be $250.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801316
Douglas A. Beran, Ph.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-6400
22 TAC §103.4
The State Board of Dental Examiners proposes new §103.4,
concerning staggered dental hygiene registrations.
Douglas A. Beran, Executive Director, State Board of Dental Examiners,
has determined for the first five-year period the rule is in effect there
will be no fiscal implications for local government as a result of enforcing
or administering the rule. There will be no fiscal impact on state government
because the proposed rule describes procedures already in place as authorized
by the Dental Practice Act at Article 4550b.
Mr. Beran also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that Board rules will clarify for dental hygiene licensees
the procedure by which dental hygiene registrations are staggered and the
fees due for the initial staggered registration period and subsequent annual
renewals.
There will be no effect on small and large businesses. The economic costs
to persons who are required to comply with the rule as proposed will be contingent
upon their placement in the staggered registration system.
Comments on the proposal may be submitted to Mei Ling Clendennen, Executive
Assistant, State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512-463-6400). To be considered, all comments and
written requests for public hearing must be received by the State Board of
Dental Examiners on or before March 16, 1998.
The new rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, Article 4543 §2 and 4551d which provide
the State Board of Dental Examiners with the authority to adopt and promulgate
rules consistent with the Dental Practice Act; and Article 4550b, which provides
that the Board by rule may adopt a staggered registration system.
The proposed new rule does not affect other statutes, articles, or codes.
§103.4. Staggered Dental Hygiene Registrations.
The State Board of Dental Examiners, pursuant to Article 4550b, V.T.C.S.,
has established a staggered license registration system comprised of initial
dental hygiene license registration periods followed by annual registrations
(i.e., renewals).
(1)
The initial dental hygiene license registration periods
will range from 6 months to 17 months Each dental hygienist for whom an initial
dental hygiene license registration is issued will be assigned a computer
generated check digit. The length of the initial license registration period
will be determined on the basis of the assigned check digit as follows:
(A)
a dental hygienist assigned to check digit 1 will be registered
for 6 months;
(B)
a dental hygienist assigned to check digit 2 will be registered
for 7 months;
(C)
a dental hygienist assigned to check digit 3 will be registered
for 8 months;
(D)
a dental hygienist assigned to check digit 4 will be registered
for 9 months;
(E)
a dental hygienist assigned to check digit 5 will be registered
for 11 months;
(F)
a dental hygienist assigned to check digit 6 will be registered
for 12 months;
(G)
a dental hygienist assigned to check digit 7 will be registered
for 13 months;
(H)
a dental hygienist assigned to check digit 8 will be registered
for 14 months;
(I)
a dental hygienist assigned to check digit 9 will be registered
for 15 months; and
(J)
a dental hygienist assigned to check digit 10 will be
registered for 17 months.
(2)
For individuals who qualify for dental hygiene
licensure by examination, the initial dental hygiene license registration
fees will be as follows:
(A)
an annual license registration fee of $41 prorated according
to the number of months in the initial registration period; and
(B)
$2.00 for peer assistance.
(3)
For individuals who qualify for dental hygiene
licensure by credentials, the initial dental hygiene license registration
fees will be as follows:
(A)
an annual license registration fee of $41 prorated according
to the number of months in the initial registration period; and
(B)
$2.00 for peer assistance.
(4)
Subsequent to the initial registration period,
a licensee's annual registration (renewal) will occur on the first day of
the month that follows the last month of his/her initial dental hygiene license
registration period. Pursuant to §102.1(b) of this title (relating to
Fee Schedule) the licensee will pay the following fee for each annual registration
(i.e., renewal):
(A)
a license registration fee of $41; and
(B)
$2.00 for peer assistance.
(5)
Approximately 60 days prior to the expiration
date of the initial dental hygiene license registration period, a license
renewal notice will be mailed to all dental hygiene licensees who have that
expiration date.
(6)
A license registration expired for more than one
year may not be renewed.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801317
Douglas A. Beran, Ph.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-6400
22 TAC §104.1
The State Board of Dental Examiners proposes an amendment
to §104.1, concerning requirements for continuing education.
Douglas A. Beran, Executive Director, State Board of Dental Examiners,
has determined for the first five-year period the rule is in effect there
will be no fiscal implications for state or local government as a result
of enforcing or administering the rule.
Mr. Beran also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that individuals who cannot meet the continuing education
requirements may have alternative methods available to them, credit for interactive
computer courses can be given, and the term "scientific or technical" is
better
defined.
There will be no effect on small and large businesses. There are no anticipated
economic costs to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Mei Ling Clendennen, Executive
Assistant, State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512-463-6400). To be considered, all comments and
written requests for public hearing must be received by the State Board of
Dental Examiners on or before March 16, 1998.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, Article 4543 §2 and 4551d which provide
the State Board of Dental Examiners with the authority to adopt and promulgate
rules consistent with the Dental Practice Act; and Article 4544 §5 and
Article 4551e. The amended §3 is proposed to allow individuals who are
not able to obtain continuing education to request the Board to approve alternatives
to meet continuing education requirements. Proposed §5 is amended to
provide a definition of the term "scientific or technical." Proposed §9
is added to allow credit for up to twelve hours per three year period for
interactive computer courses.
The proposed amended rule does not affect other statutes, articles, or
codes.
§104.1. Requirement.
As a prerequisite to the annual renewal of a dentist's license or a
dental hygienist's license, 36 hours of acceptable continuing education are
required to be completed by the applicant within a three-year period as defined
in paragraphs (1)-(9) of this section:
(1)-(2)
(No Change.)
(3)
Each licensee shall select and participate in the
continuing education courses endorsed by the providers identified in §104.2
of this title (relating to Provider's Continuing Eduction).
Alternatively,
a licensee who is unable to meet education course requirements as cited in
paragraph (5) of this section may request that alternative courses or procedures
be approved by the Continuing Education Committee.
(A)
Such requests must be in writing
and submitted to and approved by the Continuing Education Committee prior
to the expiration of the three-year period for which the alternative is being
requested.
(B)
A licensee must provide supporting
documentation detailing the reason why the continuing education requirements
set forth in paragraph (5) of this section cannot be met and must submit
a proposal for alternative education procedures.
(C)
Acceptable causes may include
residence outside the United States, unanticipated financial or medical hardships,
or other extraordinary circumstances that are documented.
(D)
Should the request be denied,
the licensee must complete requirements as cited in paragraph (5) of this
section.
(4)
(No Change.)
(5)
All 36 hours must be either technical or scientific
as related to clinical care.
The term "technical or scientific" as applied
to continuing education shall mean that courses have significant intellectual
or practical content and are designed to directly enhance the practitioner's
knowledge and skill in providing clinical care to the individual patient.
(6)-(8)
(No Change.)
(9)
Individual courses and/or instructors will be approved
by providers cited in §104.2 of this title.
No more than 12 hours
in a 36-hour accumulation may be interactive computerized courses. These
hours must be provided by those entities cited in §104.2 of this title.
Examples of interactive computer courses include those that involve interactive
dialog through electronic linkage with an instructor in which manipulation
of text or data by the licensee occurs.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801318
Douglas A. Beran, Ph.D.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-6400
Procedures Governing Grievances, Hearings, and Appeals
Chapter 102.
Fees
Licensing
and Examination Fees
].
Any person desiring to obtain
a license to practice dentistry, dental hygiene and operate a dental laboratory
in the State of Texas shall pay the following fees:
]
dental examination fee: $150
]:
dental
hygiene examination fee:
] $70.
dental laboratory application fee: $100
]
dental licensure by credentials
application fee $2,000
]
dental hygiene licensure by credentials application fee: $475
]
Any person licensed
to practice dentistry, dental hygiene and operate a dental laboratory in
the State of Texas shall pay the following annual renewal fees:
]
dentists:
] $70;
dental hygienists:
] $41;
dental laboratory: $100
]
The peer assistance
fee for dentists shall be $9.00
]
The peer assistance fee for dental
hygienists shall be $2.00
]
A duplicate license fee
shall be $15
]
(f)
(g)
Chapter 103.
Dental Hygiene Licensure
Chapter 104.
Continuing Education
Chapter 107.
Dental Board Procedures