TITLE 22.EXAMINING BOARDS

Part 5. STATE BOARD OF DENTAL EXAMINERS

Chapter 101. DENTAL LICENSURE

22 TAC §101.7

The State Board of Dental Examiners adopts amendments to §101.7, Licensure by Credentials--Dentists without changes to the text published in the February 15, 2002, issue of the Texas Register (27 TexReg 1090). Section 101.7 requires additional background verification of applicants wishing to be licensed through credentialing.

The amended §101.7(9), is adopted to require an applicant to make application with the Professional Background Information Services (PBIS), request a Level II verification, pay to PBIS the required fees, and request that verification be sent to the SBDE. This requirement is in addition to the current requirements under §101.7(9) that an applicant successfully pass background checks for criminal or fraudulent activities through information obtained from the National Practitioner Data Bank, the Healthcare Integrity and Protection Data Bank, and/or the AADE Clearinghouse for Disciplinary Action.

The amended rule is intended to allow only those applicants meeting requirements set forth in statute to practice dentistry in the State of Texas. The State Board of Dental Examiners in the past has relied on information provided by applicants for licensure by credentials to determine whether the requirements of statute are met. Background checks performed by PBIS rely on direct contact with education and licensing institutions for relevant information concerning educational and professional history of an applicant. Use of this service for credentials applicants provides a more thorough check then the agency can perform. Even though the State of Texas has provided a method to allow other state's licensees to become licensed in Texas without being burdened with the necessity of passing a new examination, the statute excludes those who have any disciplinary action from licensure by this method. Since self-reported data is subject to manipulation, the SBDE seeks to remove the opportunity to do so by requiring that credentials applicants use PBIS.

No comments were received regarding adoption of the proposal.

The amended rule is adopted under Texas Government Code §2001.021 et seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides the State Board of Dental Examiners with the authority to adopt and enforce rules necessary for it to perform its duties, and to ensure compliance with laws relating to the practice of dentistry, and §256.101 which provides for the issuance of a license to certain out-of-state applicants.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 25, 2002.

TRD-200201853

Jeffry R. Hill

Executive Director

State Board of Dental Examiners

Effective date: April 14, 2002

Proposal publication date: February 15, 2002

For further information, please call: (512) 463-6400


Chapter 103. DENTAL HYGIENE LICENSURE

22 TAC §103.2

The State Board of Dental Examiners adopts amendments to §103.2, Licensure by Credentials, Dental Hygienists without changes to the text published in the February 15, 2002, issue of the Texas Register (27 TexReg 1092). Section 103.2 requires additional background verification of applicants wishing to be licensed through credentialing.

The amended §103.2, is adopted to require an applicant to make application with the Professional Background Information Services (PBIS), request a Level II verification, pay to PBIS the required fees, and request that verification be sent to the SBDE. This requirement is in addition to the current requirement under §103.2(9).

The amended rule is intended to allow only those applicants meeting requirements set forth in statute to practice dental hygiene in the State of Texas. The State Board of Dental Examiners in the past has relied on information provided by applicants for licensure by credentials to determine whether the requirements of statute are met. Background checks performed by PBIS rely on direct contact with education and licensing institutions for relevant information concerning educational and professional history of an applicant. Use of this service for credentials applicants provides a more thorough check then the agency can perform. Even though the State of Texas has provided a method to allow other state's licensees to become licensed in Texas without being burdened with the necessity of passing a new examination, the statute excludes those who have any disciplinary action from licensure by this method. Since self-reported data is subject to manipulation, the SBDE seeks to remove the opportunity to do so by requiring that credentials applicants use PBIS.

No comments were received regarding adoption of the proposal.

The amended rule is adopted under Texas Government Code §2001.021 et seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides the State Board of Dental Examiners with the authority to adopt and enforce rules necessary for it to perform its duties, and to ensure compliance with laws relating to the practice of dentistry, and §256.101 which provides for the issuance of a license to certain out-of-state applicants.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 25, 2002.

TRD-200201854

Jefry R. Hill

Executive Director

State Board of Dental Examiners

Effective date: April 14, 2002

Proposal publication date: February 15, 2002

For further information, please call: (512) 463-6400


Chapter 108. PROFESSIONAL CONDUCT

Subchapter A. PROFESSIONAL RESPONSIBILITY

22 TAC §108.5

The State Board of Dental Examiners adopts amendments to §108.5, Patient Abandonment, without changes to the text published in the February 15, 2002, issue of the Texas Register (27 TexReg 1093).

Section 108.5 is amended and titled, "Patient Abandonment." Section 108.5 deals with patient abandonment and prohibits patient abandonment by a dentist. The rule is amended to address only issues associated with abandonment without unintentionally including termination of the doctor-patient relationship. All situations involving termination of the relationship do not necessarily include abandonment issues though the rule, as currently written, can be read to that effect. It is amended to make it clear that the provisions for notice, etc., apply to termination procedures that must be followed when abandonment is an issue so that the dental health of the patient would not be adversely affected. The American Dental Association's ethics guidelines on abandonment provide that patients undergoing treatment should be given a reasonable opportunity to obtain the services of another dentist before the noticing dentist discontinues treatment and that emergencies be treated during that period.

The rule as amended is intended to require those licensed and practicing in Texas to meet the spirit of those guidelines. The amended rule requires a dentist provide the patient adequate notice and the opportunity to obtain the services of another dentist prior to discontinuing treatment that has been undertaken by the dentist. The amended rule also requires that a dentist exercise the level of care necessary to prevent jeopardizing the patient's oral health during this process.

No comments were received regarding adoption of the proposal.

The amended rule is adopted under Texas Government Code §2001.021 et seq.; Texas Civil Statutes, the Occupations Code §254.001 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 25, 2002.

TRD-200201855

Jeffry R. Hill

Executive Director

State Board of Dental Examiners

Effective date: April 14, 2002

Proposal publication date: February 15, 2002

For further information, please call: (512) 463-6400