Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 101.
DENTAL LICENSURE
22 TAC §101.7
The State Board of Dental Examiners proposes amendments to §101.7,
Licensure by Credentials in conjunction with its review of Chapter 101, Dental
Licensure and in accordance with the General Appropriations Act of 1997, Article
IX, Acts of the 75th Legislature 1997, §167. Paragraph (3)(A) and (B)
will be amended by deleting the phrase "prior to applying" and adding the
phrase "preceding application to the State Board of Dental Examiners." The
proposed amendments clarify language in the rule requiring that a dentist
licensed in another jurisdiction who applies for a Texas dental license by
virtue of credentials, must have continuously practiced dentistry during the
five years immediately preceding application. In the past some applicants
interpreted current language to mean "five calendar years" rather than the
five year period immediately prior to application.
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 the intent of the rule will be more easily understood.
The language of the proposed amendment makes it clear that the five year period
must have occurred immediately before the application.
There will be no fiscal implications for small or large businesses. 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
March 19, 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.
§101.7.Licensure by Credentials--Dentists.
The State Board of Dental Examiners will license applicants by credentials
upon payment of a fee, in an amount set by the Board, who meet all SBDE and
State of Texas minimum applicant requirements and general licensure qualifications
and all of the following criteria:
(1)-(2)
(No change.)
(3)
Has practiced dentistry:
(A)
For a minimum of five years immediately
preceding
application to the State Board of Dental Examiners
[
(B)
As a dental educator at a dental or dental hygiene school
accredited by the Commission on Dental Accreditation of the American Dental
Association for a minimum of five years immediately
preceding application
to the State Board of Dental Examiners
[
(4)-(15)
(No change.)
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 31, 2001.
TRD-200100611
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §101.8
The State Board of Dental Examiners proposes amendments to §101.8,
Persons with Criminal Backgrounds, in conjunction with its review of Chapter
101, Dental Licensure and in accordance with the General Appropriations Act
of 1997, Article IX, Acts of the 75th Legislature 1997, §167. The proposed
amendments will more closely track the language of the statutes. Subsection
(a) is amended to include wording in current subsection (b). Amended subsection
(d), current subsection (e), is amended at paragraph (8) to change theft to
felony theft. Changes in statutory references have been made to reflect the
codification of the Dental Practice Act into the Occupations Code.
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 rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that the public will have a clearer understanding of the
types of criminal offenses that could lead to revocation or suspension of
a license or denial of an application for licensure. The enabling statutes
require that the board issue guidelines stating the reasons particular crimes
relate to fitness for licensing and other criteria that affect licensing decisions.
New subsection (a) states the purpose of the rule, that is to comply with
the requirements of the enabling statute. New subsection (b) clarifies that
revocation, suspension or denial may be based on conviction under state or
federal law of a felony or misdemeanor that directly relates to the duties
of the profession. Paragraph (8) of new subsection (e) clarifies that a felony
theft directly relates. Paragraph (10) clarifies that felony driving while
intoxicated is another offense that is considered to directly relate. Former
language concerning habitual use or addiction to controlled substance abuse
has been deleted because a finding of such conduct might or might not result
in a criminal conviction.
There will be no fiscal implications for small or large businesses. 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
March 19, 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; §53.022 and §53.023
which establishes whether a conviction relates to practice dentistry.
The proposed amended rule does not affect other statutes, articles, or
codes.
§101.8.Persons with Criminal Backgrounds.
(a)
The purpose of this rule is to comply with the requirements
of the Texas Occupations Code, Section 53.025.
[
(b)
The State Board of Dental Examiners (SBDE)
may revoke or suspend an existing license, or deny application for licensure
because of a person's conviction under state or federal law of a felony or
misdemeanor that directly relates to the duties and responsibilities of the
profession for which the person seeks licensure.
(c)
[
(d)
[
(e)
[
(1)
any felony of which fraud, dishonesty, or deceit is an
essential element;
(2)
any criminal violation of the Dental Practice Act or other
statutes regulating or pertaining to the professions of dentistry or dental
hygiene;
(3)
any criminal violation of statutes regulating other professions
in the healing arts;
(4)
murder;
(5)
burglary;
(6)
robbery;
(7)
rape;
(8)
felony
theft;
(9)
child molestation;
and
(10)
felony driving while intoxicated.
[
[(11)
felony driving while intoxicated.]
(f)
[
(g)
[
(h)
[
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 31, 2001.
TRD-200100612
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §103.2
The State Board of Dental Examiners proposes amendments to §103.2,
Licensure by Credentials, Dental Hygienists, in conjunction with its review
of Chapter 103, Dental Hygiene Licensure and in accordance with the General
Appropriations Act of 1997, Article IX, Acts of the 75th Legislature 1997, §167.
Paragraph (3)(A) and (B) will be amended by deleting the phrase "prior to
applying" and adding the phrase "preceding application to the State Board
of Dental Examiners." The proposed amendments clarify language in the rule
requiring that a dental hygienist licensed in another jurisdiction who applies
for a Texas dental hygiene license by virtue of credentials, must have continuously
practiced dental hygiene during the five years immediately preceding application.
In the past some applicants interpreted current language to mean "five calendar
years" rather than the five year period immediately prior to application.
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 the intent of the rule will be more easily understood.
The language of the proposed amendment makes it clear that the five year period
must have occurred immediately before the application.
There will be no fiscal implications for small or large businesses. 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
March 19, 2001.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §262.102 which authorizes
the Board to make rules affecting the practice of dental hygiene; §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.
§103.2.Licensure by Credentials, Dental Hygienists.
The State Board of Dental Examiners will license dental hygiene applicants
by credentials upon payment of a fee, in the amount set by the Board, who
meet all SBDE and State of Texas minimum applicant requirements, general licensure
qualifications, and all of the following criteria:
(1)-(2)
(No change.)
(3)
Has practiced dental hygiene:
(A)
For a minimum of five years immediately
preceding
application to the State Board of Dental Examiners
[
(B)
As a dental educator at a dental or dental hygiene school
accredited by the Commission on Dental Accreditation of the American Dental
Association for a minimum or five years immediately
preceding application
to the State Board of Dental Examiners
[
(4)-(15)
(No change.)
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 31, 2001.
TRD-200100613
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §104.2
The State Board of Dental Examiners proposes amendments to §104.2,
Providers in conjunction with its review of Chapter 104, Continuing Education
and in accordance with the General Appropriations Act of 1997, Article IX,
Acts of the 75th Legislature 1997, §167. The rule is amended to add the
Western Regional Examining Board, the American Academy of Dental Hygiene,
the American Dental Education Association, and the American Heart Association.
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
enforcing the rule is that there will be an expanded list of educational providers
available for dental professionals to obtain the continuing education required
for annual license renewal.
It is unknown if there will be any fiscal implications for small businesses.
Should such costs be incurred, they will not be of such magnitude to impact
the economic viability of a small business. 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 as the cost of
compliance, if any, will be minimal.
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
March 19, 2001.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §257.005 which provides
that the Board shall develop a mandatory Continuing Education program and §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.
§104.2.Providers.
Continuing Education courses endorsed by the following providers will
meet the criteria for acceptable continuing education hours if such hours
are either technical or scientific as related to clinical care and in content
as certified by the following providers:
(1)
American Dental Association--Continuing Education Recognition
Program (CERP);
(2)
American Dental Association, its component, and its constituent
organizations;
(3)
Academy of General Dentistry and its constituents and approved
sponsors;
(4)
Dental/dental hygiene schools and programs accredited by
the Commission on Dental Accreditation of the American Dental Association;
(5)
American Dental Association approved specialty organizations;
(6)
American Dental Hygienists' Association, its component,
and its constituent organizations;
(7)
American Medical Association approved specialty organizations;
(8)
American Medical Association approved hospital courses;
(9)
National Dental Association, its constituent, and its component
societies;
(10)
National Dental Hygienist's Association, its constituent,
and its component societies;
(11)
Medical schools and programs accredited by the Standards
of the Medical Specialties, the American Medical Association, the Advisory
Board for Osteopathic Specialists and Boards of Certification or the American
Osteopathic Association;
(12)
Western Regional Examining Board;
(13)
American Academy of Dental Hygiene;
(14)
American Dental Education Association;
(15)
American Heart Association;
(16)
[
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 31, 2001.
TRD-200100614
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §111.6
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The State Board of Dental Examiners proposes the
repeal of Chapter 111, Professional Corporations, §111.6, Requirements,
as part of the rules review process and in accordance with the General Appropriations
Act of 1997, Article IX, Acts of the 75th Legislature 1997, §167. The
rule, last reviewed in 1984, impermissibly restricts the application of the
Professional Corporations Act, Article 1528e, Texas Revised Civil Statutes.
The rule as written limits the incorporators of a dental practice to licensed
dentists. There is no basis for such a limitation in the statutes. Only a
licensed dentist can be a director, officer or shareholder of a professional
corporation formed by dentists, but any individual is allowed to be an incorporator.
The role of the incorporator is largely limited to the act of execution of
the articles of incorporation and restrictions on who may serve as incorporators
have largely been eliminated.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined for the first five-year period the repealed rule is in effect there
will be no fiscal implications for local or state government as a result of
repealing the rule.
Mr. Hill also has determined that for each year of the first five years
the repealed rule is in effect the public benefit anticipated as a result
of repealing the rule will be the elimination of a rule that was without basis
in law.
There will be no fiscal implications for small or 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
March 19, 2001.
The rule is proposed for repeal 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 repeal of the rule does not affect other statutes, articles,
or codes.
§111.6.Requirements.
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 31, 2001.
TRD-200100615
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §113.2
The State Board of Dental Examiners proposes amendments to §113.2,
X-Ray Laboratories, in conjunction with its review of Chapter 113, Requirements
for Dental Offices, and in accordance with the General Appropriations Act
of 1997, Article IX, Acts of the 75th Legislature 1997, §167.
The new language of subsection (a) clarifies that in-house dental laboratories
are regulated by the Dental Practice Act and must be on the premises of a
dental office. The new language substitutes the words "Texas licensed dentist"
for "legally practicing dentist." The new language is more precise. The new
language about supervision acknowledges that ultimate responsibility for those
activities that occur in a dental office, such as the taking of x-rays, rests
with a licensed dentist and eliminates confusion.
New subsection (b) adds the requirement that the lead apron have a thyroid
collar and is also corrected for grammar.
New subsection (c) is also structured for grammatical consistency.
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
enforcing the rule will be a rule that is easier to read and understand and
that reflects the realities of modern dental practices.
It is unknown if there will be any fiscal implications for small businesses.
Should such costs be incurred, they will not be of such magnitude to impact
the economic viability of a small business. 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 as the cost of
compliance, if any, will be minimal.
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
March 19, 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.
§113.2.X-Ray Laboratories.
(a)
Dental x-ray laboratories must be located
in the dental office of a Texas licensed dentist where the appropriate degree
of supervision is exercised.
[
(b)
All dental patients must be protected
by a lead apron with a thyroid collar while directly exposed to x-rays.
(c)
X-ray equipment must be properly monitored
by the authorized agency.
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 31, 2001.
TRD-200100616
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §113.3
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The State Board of Dental Examiners proposes the
repeal of §113.3, Office Leases, in conjunction with its review of Chapter
113, Requirements for Dental Offices and in accordance with the General Appropriations
Act of 1997, Article IX, Acts of the 75th Legislature 1997, §167. Section
113.3 addresses a narrow segment of the spectrum of improper influence on
the independent professional judgment of a dentist by persons other than dentists
and is provided for in greater detail and clarity in §109.500(c)(1),
Improper Influence on Professional Judgment, effective February 7, 2000. The
intent of §113.3 was to prevent the improper sharing of dental fees with
a non-dentist. The intent is still valid and is well served by the language
of §109.500. Section 109.500 is proposed for repeal contemporaneously
with adoption of new §108.70, which will supplant the current §109.500.
Inasmuch as the language of §113.3 is unnecessarily duplicative it is
proposed for repeal.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined for the first five-year period the repeal of the rule is in effect
there will be no fiscal implications for local or state government as a result
of repealing the rule.
Mr. Hill also has determined that for each year of the first five years
the repeal of the rule is in effect the public benefit anticipated as a result
of repealing the rule will be the elimination of a rule that was obsolete,
irrelevant and unnecessarily duplicative.
There will be no fiscal implications for small or 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
March 19, 2001.
The rule is proposed for repeal 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 repeal of the rule does not affect other statutes, articles,
or codes.
§113.3.Office Leases.
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 31, 2001.
TRD-200100617
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §113.4
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The State Board of Dental Examiners proposes the
repeal of §113.4, Retail Leases, in conjunction with its review of Chapter
113, Requirements for Dental Offices and in accordance with the General Appropriations
Act of 1997, Article IX, Acts of the 75th Legislature 1997, §167. The
intent of the language of §113.4 as written is exhaustively and adequately
addressed in §109.103, Professional Responsibility, effective February
10, 1998. Section 109.103 is proposed for repeal, contemporaneously with the
adoption of new §108.1, Professional Responsibility which will supplant §109.103.
Section 113.4 was intended to prevent the unauthorized practice of dentistry
by commercial establishments. A dental license is issued to a person who may
structure the operation of his/her practice in any one of several business
entities, including partnerships, associations and corporations so long as
such structures are lawful. Section 113.4 is inappropriate, obsolete, irrelevant
and unnecessarily duplicative and is proposed for repeal.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined for the first five-year period the repeal of the rule is in effect
there will be no fiscal implications for local or state government as a result
of repealing the rule.
Mr. Hill also has determined that for each year of the first five years
the repeal of the rule is in effect the public benefit anticipated as a result
of repealing the rule will be the elimination of an irrelevant and unnecessarily
duplicative rule.
There will be no fiscal implications for small or 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
March 19, 2001.
The rule is proposed for repeal 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 repeal of the rule does not affect other statutes, articles,
or codes.
§113.4.Retail Leases.
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 31, 2001.
TRD-200100618
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §116.2
The State Board of Dental Examiners proposes amendments to §116.2,
Dental Technicians in conjunction with its review of Chapter 116 Dental Laboratories
and in accordance with the General Appropriations Act of 1997, Article IX,
Acts of the 75th Legislature 1997, §167. The reference to Article 4551,
Section 1 has been changed to refer to Section 266.001, Occupations Code,
reflecting the codification of the Dental Practice Act into the Occupations
Code, effective September 1, 1999. ...". Language is also amended to comply
with statutory language, which states that a dental technician may be certified
by a nationally recognized board and does not specify a particular board.
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
enforcing the rule will be that the public will know that statutory references
are current.
There will be no fiscal implications for small or large businesses. 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
March 19, 2001.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §266.102(b) which
authorizes the Board to adopt rules affecting dental laboratories and §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.
§116.2.Dental Technician.
A "Dental Technician" is a person who performs the services as set
out in
Occupations Code, Section 266.001
[
Filed with the Office
of the Secretary of State, on January 31, 2001.
TRD-200100619
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §116.3
The State Board of Dental Examiners proposes amendments to §116.3,
Requirements, in conjunction with its review of Chapter 116, Dental Laboratories,
and in accordance with the General Appropriations Act of 1997, Article IX,
Acts of the 75th Legislature 1997, §167. The references to articles in
the former Dental Practice Act are changed to the Occupations Code, effective
September 1, 1999. The 76th Legislature also enacted Senate Bill 964, referred
to properly in the proposed amendment, which impacted on the former Dental
Practice Act provisions dealing with registration of laboratories.
Amendments to subsection (c) are intended to clarify that, in order to
satisfy the requirement for a certified dental technician, that person must
be present at the dental laboratory and working as an employee of the laboratory.
The former language was vague and difficult to interpret. The last sentence
in subsection (c) is deleted. The requirement is that a certified dental technician
work as an employee for a dental laboratory a minimum of 30 hours per week.
It is conceivable, albeit doubtful, that a technician could serve more than
one laboratory a minimum of 30 hours per week. It is not unheard of for employees
to work 60 hour weeks and this restriction that a CDT may be the designated
CDT for only one laboratory per year will not withstand constitutional scrutiny.
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
enforcing the rule will be that the requirements for registration and operation
of a dental laboratory in Texas will be in compliance with the most recent
legislation and reasonable and fair in their application.
It is unknown if there will be any fiscal implications for small businesses.
Should such costs be incurred, they will not be of such magnitude to impact
the economic viability of a small business. 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 as the cost of
compliance, if any, will be minimal.
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
March 19, 2001.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §266.102 (b) which
authorizes the Board to adopt rules affecting dental laboratories; §266.152
(d) which requires dental laboratories to have a CDT working on premise 30
hours per week and §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.
§116.3.Requirements.
(a)
A commercial dental laboratory and an in-house dental laboratory
with more than two dental technicians shall be registered according to the
provisions of
Occupations Code, Subchapter D, Sections 266.151 through
266.154, amended by Acts 1999, 76th Leg., ch. 627 Section 25, effective September
1, 1999
[
(1)
Shade taking. Dental laboratories providing this service
shall institute and maintain infection control procedures for in-laboratory
shade verification to protect the patient and laboratory staff from infectious
contamination. Each laboratory shall:
(A)
Dedicate a specific area of the laboratory for performance
of shade verification procedures.
(B)
Maintain the area used for shade verification in a neat,
clean, and clutter free state at all times.
(C)
Disinfect areas of patient contact both before and after
each patient.
(D)
Provide a dedicated set of shade guides to be used only
for patient shade verification. Disinfect shade guides before and after each
use.
(E)
Provide a patient hand mirror for extraoral use. Disinfect
mirror before and after each patient use.
(F)
Use a disinfecting agent for cleaning shade guides that
are accidentally dropped.
(G)
Require that the technicians taking the shade wear protective
clothing, including gloves.
(2)
Computer imaging as pertaining to the oral cavity by a
registered laboratory. Computer imaging may be accomplished only when authorized
by a written prescription from a licensed dentist. The result should be furnished
to that dentist accompanied by a disclaimer to the patient that computer imaging
is an artistic interpretation and does not guarantee exact results.
(b)
A dental laboratory shall furnish each licensed dentist
from whom prescriptions are accepted with its permanent registration number
and expiration date of such registration, and shall maintain for a period
of two years any work orders of any laboratory with which it contracts services.
The work order shall reflect the Texas registration number and registration
expiration date of the contracted laboratory. No work may be farmed out except
to a Texas registered dental laboratory.
(c)
All dental laboratories first registered after September
1, 1987 must have a certified dental technician
employed by and working
on the premises of the dental laboratory
[
(d)
The Dental Laboratory Certification Council shall ensure
that the following criteria are met for each new laboratory registration application
and each renewal of any registration:
(1)
application/renewal is complete and all required information
is provided.
(2)
Current and active CDT certification for designated CDT,
or, for grandfathered laboratories, proof of continuing education hours as
outlined in §116.4 of this title (relating to Continuing Education) is
attached and current.
(3)
appropriate fee is attached.
(e)
Any laboratory owner applying for a new laboratory registration
who has pending fees and/or penalties due from a previous laboratory registration
when such laboratory was closed for non compliance with subsection (f) of
this section must first remit to the SBDE the registration fee and penalties
for each year such fees were not paid before the registration is approved
and processed.
(f)
It shall be the duty of each laboratory owner to notify
the SBDE in writing within 60 days of a change in ownership of a laboratory,
location of laboratory, closure of laboratory, the designated CDT or, in the
case of a grandfathered lab, the designated employee. Changes of CDT's will
require that proof of current CDT certification for the replacement CDT accompany
said notification. Changes of designated employees for a grandfathered lab
will require proof within six (6) months of the change that the designated
employee meets continuing education requirements.
(g)
A person owning or operating a laboratory in the State
of Texas must maintain the entire laboratory in a clean and sanitary condition
without any accumulation of trash, debris, or filth, and such premises shall
be maintained in full compliance with all health requirements of the city
or county, or both, in which such a laboratory is located and in conformity
with the health laws of the State of Texas.
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 31, 2001.
TRD-200100620
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §116.4
The State Board of Dental Examiners proposes amendments to §116.4
Continuing Education in conjunction with its review of Chapter 116 Dental
Laboratories and in accordance with the General Appropriations Act of 1997,
Article IX, Acts of the 75th Legislature 1997, §167. Amendments to §116.4
at subsection (b) are to correct grammar only. The phrase "...shall be comprised
of..." is changed to read "...shall comprise...". Language in subsection (a)
paragraph (1) and subsection (c) is amended to comply with statutory language,
which states that a dental technician may be certified by a nationally recognized
board and does not specify a particular board.
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
enforcing the rule will be that language of the rule will be easier to read.
There will be no fiscal implications for small or large businesses. 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
March 19, 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.
§116.4.Continuing Education.
(a)
Any laboratory renewing a certificate must provide proof
that:
(1)
the designated CDT has met the continuing education requirements
of
a nationally recognized board of certification for dental technology
[
(2)
in the case of grandfathered laboratories that the employee
working on the premises of the dental laboratory has completed at least 12
hours of continuing education during the preceding 12 month period. Continuing
education hours may only be used for one renewal period.
(b)
The continuing education shall
comprise
[
(c)
In lieu of furnishing proof of continuing education as
set forth in subsection (b) of this section, the dental laboratory may furnish
proof that the designated dental technician has a current certification
from a nationally recognized board of certification for dental technology
[
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 31, 2001.
TRD-200100621
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §116.5
The State Board of Dental Examiners proposes amendments to §116.5
Exemption in conjunction with its review of Chapter 116 Dental Laboratories
and in accordance with the General Appropriations Act of 1997, Article IX,
Acts of the 75th Legislature 1997, §167. Subsection (a) is amended to
comply with Senate Bill 964, Section 25, effective September 1, 1999. Paragraphs
(1) and (2) are changed to modify the language to comply with statutory language.
Subsection (b) is amended to make it clear that a dental technician must be
present and working as an employee in the dental laboratory.
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
enforcing the rule will be that the public will know that the language of
the rule complies with statutory language and is easier to understand.
It is unknown if there will be any fiscal implications for small businesses.
Should such costs be incurred, they will not be of such magnitude to impact
the economic viability of a small business. 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 as the cost of
compliance, if any, will be minimal.
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
March 19, 2001.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §266.102 which authorizes
the Board to adopt rules affecting dental laboratories and §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.
§116.5.Exemption.
(a)
The owner of a dental laboratory that was registered with
the State Board of Dental Examiners September 1, 1987, is not required to
submit proof that the laboratory has at least one certified dental technician
employed by and working on the premises provided that:
(1)
the registration
has been renewed each year and all
registration fees have been paid
[
(2)
the beneficial ownership of at least 51% interest in the
laboratory
has not been
[
(3)
the owner is employed on the premises of the laboratory
at least 30 hours per week.
(b)
For this section, the designated employee of the dental
laboratory must
be employed by and working on the premises of the dental
laboratory
[
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 31, 2001.
TRD-200100622
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §116.20
The State Board of Dental Examiners proposes amendments to §116.20
Definitions and in conjunction with its review of Chapter 116 Dental Laboratories
in accordance with the General Appropriations Act of 1997, Article IX, Acts
of the 75th Legislature 1997, §167. Changes in statutory references have
been made to reflect the codification of the Dental Practice Act into the
Occupations Code, effective September 1, 1999.
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
enforcing the rule will be that the public will know will know that statutory
references are current.
There will be no fiscal implications for small or large businesses. 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
March 19, 2001.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §266.102 which authorizes
the Board to adopt rules affecting dental laboratories and §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.
§116.20.Definitions.
The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Designated CDT of a dental laboratory - the person so designated
on the annual registration form of a CDT laboratory who meets the CDT certification
requirement and minimum employment requirements of these rules.
(2)
Designated employee of a dental laboratory - the person
so designated on the annual registration form of a grandfathered dental laboratory
who meets continuing education and minimum employment requirements of these
rules.
(3)
Employee of a dental laboratory - A person performing dental
services in a dental laboratory registered under
Occupations Code, Section
266.151.
[
(4)
Grandfathered laboratory - a laboratory that meets the
provision of §116.5 of this title (relating to Exemption).
(5)
Laboratory Work Order - a written description of the kind
and type of act, service, or material ordered by and between one or more Texas
registered laboratories, pursuant to a prescription issued by a licensed dentist.
(6)
Prescription - a written description of the kind and type
of act, service, or material ordered by a licensed dentist, as defined in
Occupations Code, Section 266.202
[
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 31, 2001.
TRD-200100623
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §116.21
The State Board of Dental Examiners proposes amendments to §116.21,
Dental Laboratory and in conjunction with its review of Chapter 116 Dental
Laboratories in accordance with the General Appropriations Act of 1997, Article
IX, Acts of the 75th Legislature 1997, §167. Changes in statutory references
have been made to reflect the codification of the Dental Practice Act into
the Occupations Code.
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
enforcing the rule will be that the public will know that statutory references
are current.
There will be no fiscal implications for small or large businesses. 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
March 19, 2001.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §266.102 which authorizes
the Board to adopt rules affecting dental laboratories and §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.
§116.21.Dental Laboratory.
A "Dental Laboratory" is any place where a person performs, offers
to perform or undertakes to perform any act or service listed in
Occupations
Code, Section 266.001.
[
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 31, 2001.
TRD-200100624
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §116.22
The State Board of Dental Examiners proposes amendments to §116.22,
In House Dental Laboratory in conjunction with its review of Chapter 116 Dental
Laboratories and in accordance with the General Appropriations Act of 1997,
Article IX, Acts of the 75th Legislature 1997, §167. The language of
the rule is changed to correct grammar and to reflect the changes in statutory
references to the codification of the Dental Practice Act into the Occupations
Code, effective September 1, 1999. The clause "...and the laboratory does
not employ more than two dental technicians..." is changed to read "An in
house laboratory may not employ more than two dental technicians."
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
enforcing the rule will be that the public will know that statutory references
are current and that the language of the rule will be easier to understand.
It is unknown if there will be any fiscal implications for small businesses.
Should such costs be incurred, they will not be of such magnitude to impact
the economic viability of a small business. 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 as the cost of
compliance, if any, will be minimal.
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
March 19, 2001.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §266.102 which authorizes
the Board to adopt rules affecting dental laboratories and §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.
§116.22.In House Dental Laboratory.
"In House Dental Laboratory" is a dental laboratory as described in §116.21
of this title (relating to Dental Laboratories) in which a dentist licensed
in Texas and his/her employees performs, offers to perform or undertakes to
perform any act or service listed
Occupations Code, Section 266.001
[
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 31, 2001.
TRD-200100625
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §116.24
The State Board of Dental Examiners proposes amendments to §116.24,
Registration Application and in conjunction with its review of Chapter 116
Dental Laboratories in accordance with the General Appropriations Act of 1997,
Article IX, Acts of the 75th Legislature 1997, §167. The language of
the rule is amended to reflect changes in statutory references of the Dental
Practice Act into the Occupations Code, effective September 1, 1999.
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
enforcing the rule will be that the public will know statutory references
are current.
There will be no fiscal implications for small or large businesses. 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
March 19, 2001.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §266.102 which authorizes
the Board to adopt rules affecting dental laboratories and §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.
§116.24.Registration Application.
The Dental Laboratory Certification Council (DLCC) shall review each
application for registration or renewal of registration to determine if the
applicant meets the requirements of
Occupations Code, Chapter 266
[
(1)
application/renewal is complete and all required information
is provided,
(2)
current and active CDT certification for designated CDT,
or, for grandfathered laboratories, proof of continuing education hours as
outlined in Rule 116.4 of this title (relating to Continuing Education) is
attached and current,
(3)
appropriate fee is attached.
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 31, 2001.
TRD-200100626
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §116.25
The State Board of Dental Examiners proposes amendments to §116.25
Responsibility and in conjunction with its review of Chapter 116 Dental Laboratories
in accordance with the General Appropriations Act of 1997, Article IX, Acts
of the 75th Legislature 1997, §167. The language of the rule is amended
to reflect changes in statutory references of the Dental Practice Act into
the Occupations Code, effective September 1, 1999.
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
enforcing the rule will be that the public will know that statutory references
are current.
There will be no fiscal implications for small or large businesses. 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
March 19, 2001.
The amended rule is proposed under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §266.102 which authorizes
the Board to adopt rules affecting dental laboratories and §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.
§116.25.Responsibility.
Both the owner and manager and each of them named in an application
to register a dental laboratory, irrespective of the person signing the application,
are responsible for the proper registration and operation of the laboratory
pursuant to the Dental Practice Act and these rules. The provisions of
Occupations Code, Chapter 266
[
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 31, 2001.
TRD-200100627
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §119.6
The State Board of Dental Examiners proposes amendments to §119.6
Pediatric Dentistry and in conjunction with its review of Chapter 119 Special
Areas of Dental Practice, in accordance with the General Appropriations Act
of 1997, Article IX, Acts of the 75th Legislature 1997, §167. The language
of the rule is amended to comply with the definition of the specialty recommended
and adopted in 1995 by the American Dental Association. The Board has determined
that the new definition is a refinement of the original definition and contains
more precise 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 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
enforcing the rule will be that the public will know that the language of
the definition of Pediatric Dentistry comports with an updated and acceptable
interpretation of this special area of dental practice.
There will be no fiscal implications for small or large businesses. 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
March 19, 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.
§119.6.Pediatric Dentistry.
Pediatric dentistry is an age-defined specialty that provides
both primary and comprehensive preventive and therapeutic oral health care
for infants and children through adolescence, including those with special
health care needs.
[
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 31, 2001.
TRD-200100628
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §119.7
The State Board of Dental Examiners proposes amendments to §119.7
Periodontology and in conjunction with its review of Chapter 119 Special Areas
of Dental Practice in accordance with the General Appropriations Act of 1997,
Article IX, Acts of the 75th Legislature 1997, §167. The language of
the rule is amended to comply with the definition of the specialty recommended
and adopted in 1995 by the American Dental Association. The Board has determined
that the new definition is a refinement of the original definition and contains
more precise 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 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
enforcing the rule will be that the public will know that the language of
the definition of Periodontics comports with an updated and acceptable interpretation
of this special area of dental practice.
There will be no fiscal implications for small or large businesses. 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
March 19, 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.
Periodontics
[
Periodontics is that
specialty
[
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 31, 2001.
TRD-200100629
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
22 TAC §125.1
The State Board of Dental Examiners proposes amendments to §125.1
Board to Rule on Requests for Exceptions to Rules, and in conjunction with
its review of Chapter 125 Applications for Special Consideration or Exception
to Board Rules in accordance with the General Appropriations Act of 1997,
Article IX, Acts of the 75th Legislature 1997, §167. Rule 125.1 was adopted
in 1976 at a time when the Board conducted adjudicative hearings under the
Administrative Procedure and Texas Register Act. Hearings are now conducted
by the State Office of Administrative Hearings (SOAH). The rule, as written,
requires notice and hearing before an exception to the rules can be considered.
Many of the former rules concerning practices and procedures before the agency
have been supplanted by provisions of the Administrative Procedure Act and
SOAH rules. The Board has determined that it is appropriate to have a vehicle
for applicants to request an exception to the rules, so long as such appearance
does not involve a discussion of the merits of a pending investigation or
contested case that is scheduled for hearing at SOAH.
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
enforcing the rule will be an avenue to request exceptions to Board rules
that is easily understood and followed.
There will be no fiscal implications for small or large businesses. 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
March 19, 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.
§125.1.Board to Rule on Requests for Exceptions to Rules.
Any person under the jurisdiction of the State Board of Dental
Examiners may request the Board to consider and approve an exception to Board
rules. The request will be considered at a regularly scheduled board meeting
following receipt of a written request for appearance. The Board will not
consider a request for exception from any party to a contested case or from
a respondent in a pending complaint investigation.
[
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 31, 2001.
TRD-200100630
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-6400
Chapter 201.
LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE
22 TAC §201.2
The Texas Funeral Service Commission proposes an amendment
to §201.2, concerning Agreements To Be in Writing.
The Texas Funeral Service Commission proposes an amendment to delete the
language "or unless it is dictated into the record during the course of a
hearing." This amendment is proposed to insure that communication between
all parties is in writing.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period this section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Robbins, Executive Director, Texas Funeral Service Commission, has
determined that for each year of the first five years the section is in effect,
there will be no effect on local government. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the proposed section.
Comments on the proposal may be submitted to O.C. "Chet" Robbins, Executive
Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite
206, Austin, Texas 78704, (512) 936-2474 or 1-888-667-4881. Comments may also
be submitted electronically to crob@tfsc.state.tx.us or faxed to (512) 479-5064.
The amendment is proposed under Section 651.152 of the Texas
Occupation Code, as amended by Section 18 of House Bill 3516, 76th Legislature
which authorizes the Commission to issue such rules and regulations as may
be necessary to effect the provisions of this Section.
No other statutes, articles, or codes are affected by the proposed amendment.
§201.2.Agreements To Be in Writing.
No stipulation or agreement between parties or their representatives
regarding any matter involved in any proceeding before the commission may
be enforced unless it is in writing and signed by the parties or their representatives
[
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 February 1, 2001.
TRD-200100681
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 936-2474
22 TAC §201.3
The Texas Funeral Service Commission proposes an amendment
to §201.3, concerning Appearances.
The Texas Funeral Service Commission proposes an amendment to change the
language to read his/her instead of his. The language added is /her. This
is a grammatical change and does not change the meaning of the rule.
O.C. "Chet" Robbins, Executive Director, Texas Funeral Service Commission,
has determined that for the first five-year period this section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Robbins, Executive Director, Texas Funeral Service Commission, has
determined that for each year of the first five years the section is in effect,
there will be no effect on local government. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the proposed section.
Comments on the proposal may be submitted to O.C. "Chet" Robbins, Executive
Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite
206, Austin, Texas 78704. (512) 936-2474 or 1-888-667-4881. Comments may also
be submitted electronically to crob@tfsc.state.tx.us or faxed to (512) 479-5064.
The amendment is proposed under Section 651.152 of the Texas
Occupation Code, as amended by Section 18 of House Bill 3516, 76th Legislature
which authorizes the Commission to issue such rules and regulations as may
be necessary to effect the provisions of this Section.
No other statutes, articles, or codes are affected by the proposed amendment.
§201.3.Appearances.
Any party may appear before the agency and be represented by an attorney
at law. Any person may appear on his
/her
own behalf, or be represented
by a bona fide full-time employee. A corporation, partnership, or association
may appear and be represented by any bona fide officer, partner, or full time
employee authorized to bind the corporation, partnership, or association to
a legal contract.
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 February 1, 2001.
TRD-200100682
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 936-2474
Chapter 231.
ADMINISTRATION
Subchapter A. DEFINITIONS
22 TAC §231.1
The Board of Vocational Nurse Examiners proposes amendment
of §231.1 relating to definitions. The definition of Endorsement is amended
for consistency with compact rules.
Mary M. Strange, Executive Director, has determined that for the first
five year period the rule is in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rule.
Mrs. Strange has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be consistency in the rules. There will be no effect on small
businesses. There is no anticipated economic costs to persons who are required
to comply with the rules as proposed.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701.
The amendment is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
§231.1.Definitions.
The following words and terms, when used throughout this manual, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Act - refers to Chapter 302 of the Texas Occupations Code
which governs Vocational Nurses.
(2)
Active License - a license is considered active only if
the licensee has utilized their nursing knowledge, skills and/or abilities
within the immediate past five years preceding renewal and met all other requirements
for current licensure.
(3)
Administrative Procedure Act - the Administrative Procedure
Act.
(4)
Agency - the Board of Vocational Nurse Examiners
(5)
Applicant - a party making application for licensure.
(6)
Application for Licensure - the process of making application
for licensure as a Licensed Vocational Nurse in accordance with the provisions
of the Act.
(7)
Board - the Board of Vocational Nurse Examiners.
(8)
Board Member - a person appointed by the Governor and confirmed
by the State Senate to serve on the Board of Vocational Nurse Examiners.
(9)
Complete Application - an application that has been received
with fees, correctly completed and has all required documents.
(10)
Current License - a license that reflects a date which
has not expired.
(11)
Delinquent Licensee - an individual holding a license
to practice vocational nursing, whose license has expired for nonpayment of
renewal fees, and whose license has not been suspended or revoked by disciplinary
action.
(12)
Direct Supervision - requires the vocational nurse holding
a temporary permit to work under the direction of a Licensed Vocational Nurse,
Registered Nurse, or licensed Physician who is physically present on the same
unit and is readily available to provide immediate consultation and assistance.
(13)
Division - one of the administrative units within the
jurisdiction of the agency.
(14)
Endorsement - process of recognition of and subsequent
granting of licensure to an applicant who meets all Texas requirements [
(15)
Hardship - a circumstance which results in failure to
meet board requirements for examination due to natural disaster, personal
illness, injury, or medical emergency of self or immediate family, death in
immediate family or other extraordinary circumstances.
(16)
Legitimate Excuse - a written statement meeting specified
hardship criteria.
(17)
License - a document issued evidencing the person has
fulfilled requirements as stated in Chapter 302, Texas Occupations Code.
(18)
Licensee - an individual whose license to practice vocational
nursing is current and in force, and has not been suspended or revoked by
disciplinary action of the board.
(19)
Licensed Vocational Nurse - a person who is licensed under
Chapter 302, Texas Occupations Code by the Board of Vocational Nurse Examiners.
(20)
Licensing - the agency process respecting the granting,
denial, renewal, revocation or suspension of a license.
(21)
National Council Licensure Examination for Practical Nurses
(NCLEX-PN) - the practical/vocational nurse licensure examination developed
by the National Council of State Boards of Nursing, Inc., and used for licensure
by those jurisdictions whose boards of nursing are National Council members.
(22)
Nursing or Nursing Services - attending or caring for
a person's illness or health for compensation.
(23)
Peer Review - the process of evaluating the qualifications
of the vocational nurse, evaluating the appropriateness and quality of vocational
nursing services rendered within the scope of vocational nursing practice,
merits of complaint against the vocational nurse and the efficacy of the complaint.
(24)
Person - any individual, partnership, corporation, association,
governmental subdivision, or public or private organization of any character
other than an agency.
(25)
Petitioner - any party making a formal written supplication
or request to the board.
(26)
Practical Nurse or Licensed Practical Nurse - the title
used in some other states for nurses with licensure requirements similar to
those for Licensed Vocational Nurses in this State.
(27)
Register - the Texas Register.
(28)
Rule - any agency statement of general applicability that
implements, interprets, or prescribes law or policy, or describes the procedure
or practice requirements of an agency. The term includes the amendment or
repeal of a prior rule but does not include statements concerning only the
internal management or organization of any agency and not affecting private
rights or procedures. The definition includes substantive regulations.
(29)
Vocational Nursing or Vocational Nursing Services - nursing
services that generally require experience and education in biological, physical
or social sciences sufficient to qualify for licensure as a Licensed Vocational
Nurse.
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 February 1, 2001.
TRD-200100661
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 305-7653
Subchapter B. OPERATION OF A VOCATIONAL NURSING PROGRAM
22 TAC §233.22, §233.23
The Board of Vocational Nurse Examiners proposes amendment
of §233.22 relating to Instructors and 233.23 relating to Designate Supervisors.
The rules are amended for consistency with the compact rules.
Mary M. Strange, Executive Director, has determined that for the first
five year period the rules are in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rules.
Mrs. Strange has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be consistency in the rules. There will be no effect on small
businesses. There is no anticipated economic costs to persons who are required
to comply with the rules as proposed.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701.
The amendment is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
§233.22.Instructors.
Instructors shall be nurses licensed to practice in the State of Texas
or in accordance with the rules of the Nurse Licensure Compact
. Instructors
shall have been actively employed in nursing for the past three years. If
the instructor has not been actively employed in nursing for the past three
years, the instructor's advanced preparation in nursing, education, and nursing
administration, and prior relevant nursing employment may be taken into consideration
by the Board staff in evaluating qualifications for the position. Instructors
shall have had three years varied nursing experiences since graduation. Instructor
qualifications forms shall be submitted to the Board office for approval prior
to hiring. Instructors shall have no other responsibilities but the program.
Instructors shall be responsible for all initial nursing procedures in the
clinical area and ascertain that the student is competent before allowing
the student to perform an actual nursing procedure independently. Instructors
shall be responsible for developing, implementing, and evaluating curriculum;
participating in development of standards for admission, progression, probation,
and dismissal of students, and participation in academic guidance and counseling.
Adjunct faculty are exempt from meeting the instructor qualifications as long
as the courses taught are not nursing theory or clinical courses. Adjunct
faculty shall not be included in the required clinical faculty/student ratio.
§233.23.Designate Supervisors.
Designate supervisors shall be nurses licensed to practice in the State
of Texas
or in accordance with the rules of the Nurse Licensure Compact
. A designate supervisor shall have been actively employed in nursing
for one year. A designate supervisor shall be responsible for providing clinical
instruction and/or supervision when faculty is unavailable in clinical sites.
The role of the designate supervisor is to augment the clinical instruction
provided by the program faculty. While acting in that capacity, the designate
supervisor shall be accountable for identified clinical objectives and will
participate in student evaluation. It is the responsibility of the faculty
to provide written clinical objectives, evaluation criteria, and a written
description of expectations to the designate supervisor. The designate supervisor
is mandatory in health care facilities whose census and number of students
cannot support the assignment of a faculty member.
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 February 1, 2001.
TRD-200100662
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 305-7653
Subchapter A. APPLICATION FOR LICENSURE
22 TAC §235.6
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Board of Vocational Nurse Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Board of Vocational Nurse Examiners proposes
the repeal of §235.6 relating to Applications for Licensure by Endorsement.
The rule is being repealed for consistency with compact rules.
Mary M. Strange, Executive Director, has determined that for the first
five year period the rules are in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rules.
Mrs. Strange has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be consistency in the rules. There will be no effect on small
businesses. There is no anticipated economic costs to persons who are required
to comply with the rules as proposed.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701.
The repeal is proposed under Chapter 302, Texas Occupations Code,
Subchapter D, Section 302.151 (b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
§235.6.Applications for Licensure by Endorsement.
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 February 1, 2001.
TRD-200100663
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 305-7653
The Board of Vocational Nurse Examiners
proposes new §235.6 relating to Applications for Licensure by Endorsement.
The rule is proposed for consistency with compact rules.
Mary M. Strange, Executive Director, has determined that for the first
five year period the rules are in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rules.
Mrs. Strange has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be consistency in the rules. There will be no effect on small
businesses. There is no anticipated economic costs to persons who are required
to comply with the rules as proposed.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701.
The new rule is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
§235.6.Applications for Licensure by Endorsement.
An applicant for licensure in Texas by endorsement shall:
(1)
have satisfactorily completed theory and clinical practice
as identified in specific provisions of Section 233.58 (d) of this title (relating
to Curriculum Requirements), as evaluated by professional staff of the Division
of Education;
(2)
be a graduate of an approved vocational/practical nursing
program or have completed an acceptable level of education as determined by
the Board in a nursing school approved by the State Board of Nurse Examiners
of Texas or in some other state, the District of Columbia, a possession of
the United States, or a foreign country.
(3)
have possessed at the time of initial licensure as a vocational
nurse the qualifications necessary to have been eligible for licensure at
that time in this state;
(4)
have completed training, education or examination requirements
specified by the Board in lieu of the requirements of subsection (2) of this
rule;
(5)
have passed or achieved a passing score acceptable to Texas
on the national examination for practical/vocational nurses;
(6)
hold an active and current vocational/practical nurse license
in another state;
(7)
be subject to Chapter 239, Subsection E. Reinstatement
Process, if applicants license has been voluntarily surrendered, suspended,
or revoked in a Compact state.
(8)
show employment in the nursing profession within the past
five years or evidence of a completed refresher course or completion of supervised
employment for a specified period and a copy of the job description;
(9)
comply with additional Board staff specified training,
education, or examination requirements if not employed as a licensed nurse
within the past five years;
(10)
file another application if original application is not
completed within six months;
(11)
not be refunded fees;
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 February 1, 2001.
TRD-200100664
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 305-7653
22 TAC §235.17
The Board of Vocational Nurse Examiners proposes amendment
of §235.17 relating to Temporary Permits. The rule is amended for consistency
with compact rules.
Mary M. Strange, Executive Director, has determined that for the first
five year period the rules are in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rules.
Mrs. Strange has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be consistency in the rules. There will be no effect on small
businesses. There is no anticipated economic costs to persons who are required
to comply with the rules as proposed.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701.
The amendment is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purposes of the law.
No other statute, article, or code will be affected by this proposal.
§235.17.Temporary Permits.
(a)
Graduates of approved vocational nursing programs in this
state, another state, or the District of Columbia.
(1)
A permit will be issued for the first scheduled examination
only;
(2)
a permit will not be issued to an applicant who has previously
failed an examination approved by the Board or by another state;
(3)
the temporary permit will expire on the applicants receipt
of a license or on receipt of notification of examination failure;
(4)
distribution of permits may be assigned to a mutually agreeable
agent to act on behalf of the Board.
(b)
Professional nursing education applicants.
(1)
A permit will be issued for the first scheduled examination
only;
(2)
temporary permits will expire on the applicants' receipt
of a license or on receipt of notification of examination failure.
(c)
Endorsement Applicants.
(1)
Temporary permits shall be issued to endorsement applicants
who meet licensure requirements;
(A)
are approved by the Division of Education;
(B)
are educated in the United States or its territories;
(C)
hold
a
[
(D)
present satisfactory sworn evidence of same.
(E)
temporary permits will expire in 90 days or on receipt
of a license, whichever comes first.
(2)
Temporary permits may be issued to individuals who do not
meet licensure requirements in order to meet additional Board staff specified
training, education, or examination requirements. Temporary permits issued
for the purpose of meeting Board staff requirements expire on the date indicated
on the temporary permits.
(d)
Restrictions on Temporary Permits
(1)
Holders of temporary permits must practice under the direct
supervision of a registered nurse, licensed vocational nurse, or a licensed
physician.
(2)
Temporary permits will not be issued to any examination
or endorsement applicant under investigation.
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 February 1, 2001.
TRD-200100665
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 305-7653
Subchapter B. ENFORCEMENT
prior to applying
];
and/or
prior to applying
].
The State Board
of Dental Examiners (SBDE) may revoke or suspend an existing license, or deny
an application for licensure because of a person's conviction of a felony
under any state or federal law, if the crime directly relates to the duties
and responsibilities of the profession for which the person seeks licensure.
]
(b)
] No person currently serving
in prison for conviction of a felony under any state or federal law is eligible
to obtain a license to practice dentistry or dental hygiene. Such conviction
of a person holding a license to practice dentistry or dental hygiene shall
be cause for initiation of disciplinary procedures against such person.
(c)
] In determining whether a criminal
conviction directly relates to the practice of dentistry or dental hygiene,
the board shall consider the factors listed in
Texas Occupation Code, §53.022
(Vernon 2000)
[
Texas Revised Civil Statutes Annotated, Article
6252-13c(4)(b) (Vernon Supp., 1997)
].
(d)
] Those crimes which the board
considers to be of such serious nature that they relate to fitness to practice
a profession, or as directly related to the practice of dentistry or dental
hygiene include, but are not limited to:
habitual
use or addiction to controlled substance abuse or substance diversion; and
]
(e)
] The board may consider a person's
present fitness for licensure in determining whether a person's conviction
of a crime is cause for denial of an application or for disciplinary procedures.
In determining a person's present fitness for licensure, the board shall consider
the factors listed in
Texas Occupations Code, §53.023 (Vernon 2000)
[
Texas Revised Civil Statutes Annotated, Article 6252-13c(4)(c)
(Vernon Supp., 1997)
].
(f)
] It shall be the responsibility
of the applicant to secure and provide to the board the recommendations regarding
all offenses from the prosecution, law enforcement, and correctional authorities
who prosecuted, arrested or had custodial responsibility for the applicant.
Failure to provide such recommendation is justification to refuse licensing
or imposition of sanction unless the applicant shows good cause for such failure.
(g)
] The applicant shall also furnish
proof in such form as may be required by the board that he or she has maintained
a record of steady employment, has supported his or her dependents, has otherwise
maintained a record of good conduct, and has paid all outstanding court costs,
supervision fees, fines, and restitution as may have been ordered in all criminal
cases in which he or she has been convicted.
Chapter 103.
DENTAL HYGIENE LICENSURE
prior to applying
]. An applicant has practiced dental hygiene for five years if he or
she has been actively engaged in practice for at least 26 weeks in each of
the past five years preceding application
, and/or
[
.
]
prior to applying
].
Chapter 104.
CONTINUING EDUCATION
(12)
] Other providers as approved
by the Board.
Chapter 111.
PROFESSIONAL CORPORATIONS
Chapter 113.
REQUIREMENTS FOR DENTAL OFFICES
Laboratories such as X-ray laboratories
must be in the dental office of a legally practicing dentist. All dental employees
are subject to the dentist's supervision and control and such "laboratories"
cannot be at a location where the dentist is not present and in control. All
patients in the dental office must be protected during the time of direct
exposure to x-rays with a lead apron and by equipment that is properly monitored
by the authorized agency.
]
Chapter 116.
DENTAL LABORATORIES
Texas Civil Statues
Article 4551f Sec. 1
] and includes, but is not limited to, all certified
dental technicians who have a current certificate issued by
a nationally
recognized board of certification for dental technology
[
National
Board For Certification For Dental Laboratory Technology
], or its successor.
Texas Civil Statutes, Article 4551f (6) (a)-(c)
],
if it is a place where a person undertakes to perform or accomplish any act
or service listed in
Occupations Code Section 266.001
[
Texas
Civil Statutes, Article 4551f (1)
]. Permitted services to be performed
under a written prescription from a licensed dentist in addition to those
described in
Occupations Code Section 266.001
[
Article 4551f(1)
], include:
on premises
] a
minimum of 30 hours per week. [
The certified dental technician may be
the designated CDT of record for only one laboratory per registration period
].
the National Board For Certification For Dental Laboratory Technology
], or its successor, or;
be comprised of
] business management, infection control, and technical
competency courses presented in seminars or clinics as accepted by a nationally
recognized organization of dentistry or dental technology. The designated
employee must complete at least one course in infection control annually.
No more than one course in business management taken annually may be applied
toward the continuing education requirement. Self study in a course approved
by a nationally recognized organization of dentistry or dental technology
may be taken for not more than four hours of the annual requirement.
by the National Board For Certification For Dental Laboratory
Technology
] or its successor. Certification as retired does not qualify
the technician.
remains current and all registration
fees for the succeeding year are paid prior to the expiration of the statutory
renewal period
];
is not
] transferred; and
work on the premise
] a minimum of 30 hours per
week.
Texas Civil Statutes Article 4551f.
]
Article 4551f(3)(a).
]
Texas Civil Statutes Article 4551f Sec.
1.
]
Texas Civil Statutes Article 4551f, §1
] only for the patient(s)
of that dentist or only for patient(s) of a professional corporation or partnership
of which that dentist is an officer, partner, or employee. An in house dental
laboratory must be located on the premises where the dentist or dental organization
practices dentistry and
may
[
the laboratory does
] not
employ more than two dental technicians.
Article 4551f
]. The DLCC shall provide the Board with a list of
applicants who are eligible for registration with the Board. Applications
will be forwarded with a recommendation to the State Board of Dental Examiners
for registration if the provisions of
Occupations Code, Chapter 266
[
Article 4551f
] and the rules in this section are met and the following
criteria are met:
Article 4551(f) §7 and §8
] providing that persons violating the Dental Practice Act are subject
to criminal penalties and subject to loss of registration or refusal by the
board to issue a registration, apply to the owner and manager of any dental
laboratory having or seeking registration in Texas.
Chapter 119.
SPECIAL AREAS OF DENTAL PRACTICE
The specialty of pediatric dentistry is the
practice and teaching of comprehensive preventive and therapeutic oral health
care of children from birth through adolescence. It shall be construed to
include care for special patients beyond the age of adolescence who demonstrate
mental, physical and/or emotional problems.
]
Periodontology
].
branch
] of dentistry
which
encompasses
[
deals with
] the
prevention
diagnosis and treatment of diseases of the supporting and surrounding tissues
of the teeth
or their substitutes and the
[
. The
] maintenance
of the health
function and esthetics
of these structures and tissues[
, achieved through periodontal treatment procedures, is also considered to
be the responsibility of the periodontist. The scope shall be limited to preclude
permanent restorative dentistry
].
Chapter 125.
APPLICATIONS FOR SPECIAL CONSIDERATION OR EXCEPTION TO BOARD RULES
The Texas State
Board of Dental Examiners in its discretion after notice and hearing may approve
exceptions to any portion of its rules and regulations upon application by
a person under its jurisdiction.
]
Part 10.
TEXAS FUNERAL SERVICE COMMISSION
or unless it is dictated into the record during the course of a hearing
].
Part 12.
BOARD OF VOCATIONAL NURSE EXAMINERS
and holds a valid license to practice vocational/practical nursing in another
state, District of Columbia, or territory of the United States
].
Chapter 233.
EDUCATION
Chapter 235.
LICENSING
active and current
] license
to practice vocational/practical nursing in another state; and
Chapter 239.
CONTESTED CASE PROCEDURE