Part 5. STATE BOARD OF DENTAL EXAMINERS
Chapter 103. DENTAL HYGIENE LICENSURE
The Texas State Board of Dental Examiners (Board) adopts the amendment of §103.7, regarding the reinstatement of a retired Texas dental hygiene license. The amendment is adopted without changes to the proposed text as published in the December 21, 2007, issue of the Texas Register (32 TexReg 9508) and will not be republished.
The amendment is adopted to update the requirement that a retired hygienist who has not actively practiced for at least two years complete twenty-four, rather than twelve, hours of continuing education in the year preceding the application of the Texas license holder for reinstatement. This is already the standard for retired dentists.
No comments were received.
The section is adopted under Texas Government Code, §2001.021 et seq., and Texas Occupations Code, §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.
The adopted section affects Title 3, Subtitle D of the Occupations Code and Title 22, Texas Administrative Code, Chapter 101 - 125.
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 February 4, 2008.
TRD-200800678
Sherri Sanders Meek
Executive Director
State Board of Dental Examiners
Effective date: February 24, 2008
Proposal publication date: December 21, 2007
For further information, please call: (512) 475-0972
Subchapter A. PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS
The Texas State Board of Dental Examiners (Board) adopts the amendment of §107.63. The adopted amendment eliminates the basis for complainant appeals. The amendment is adopted without changes to the proposed text as published in the December 21, 2007, issue of the Texas Register (32 TexReg 9509) and will not be republished.
The amendment is adopted to delete an appeals procedure that allowed third parties to request a review of cases closed pursuant to staff action.
No comments were received.
The section is adopted under Texas Government Code, §2001.021 et seq., and Texas Occupations Code, §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.
The adopted section affects Title 3, Subtitle D of the Occupations Code and Title 22, Texas Administrative Code, Chapter 101 - 125.
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 February 4, 2008.
TRD-200800675
Sherri Sanders Meek
Executive Director
State Board of Dental Examiners
Effective date: February 24, 2008
Proposal publication date: December 21, 2007
For further information, please call: (512) 475-0972
The Texas State Board of Dental Examiners (Board) adopts the amendment of §107.103. The adopted amendment eliminates the basis for complainant appeals. The amendment is adopted without changes to the proposed text as published in the December 21, 2007, issue of the Texas Register (32 TexReg 9509) and will not be republished.
The amendment is adopted to delete an appeals procedure that allowed third parties to request a review of cases closed pursuant to staff action.
No comments were received.
The section is adopted under Texas Government Code, §2001.021 et seq., and Texas Occupations Code, §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.
The adopted section affects Title 3, Subtitle D of the Occupations Code and Title 22, Texas Administrative Code, Chapter 101 - 125.
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 February 4, 2008.
TRD-200800677
Sherri Sanders Meek
Executive Director
State Board of Dental Examiners
Effective date: February 24, 2008
Proposal publication date: December 21, 2007
For further information, please call: (512) 475-0972
Chapter 871. ATHLETIC TRAINERS
Subchapter A. GENERAL GUIDELINES AND REQUIREMENTS
22 TAC §§871.1, 871.3, 871.6, 871.11, 871.12, 871.14
The Advisory Board of Athletic Trainers (board) adopts amendments to §§871.1, 871.3, 871.6, 871.11, 871.12, and 871.14, concerning the licensure and regulation of athletic trainers. The amendment to §871.14 is adopted with changes to the proposed text as published in the August 24, 2007, issue of the Texas Register (32 TexReg 5293). Sections 871.1, 871.3, 871.6, 871.11, and 871.12 are adopted without changes and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
In accordance with Occupations Code, Chapter 451, the rules are being amended to establish a complaints committee; incorporate the committee into the complaint process and establish procedures for complaint resolution. Additionally, the amendments delete the Administrative Services Committee; remove references to licenses issued for one year; clarify late renewal without penalty for military personnel who are on active duty; reduce the number of allowable continuing education credits for serving as a skills examiner; and accurately reflect the continuing education audit process.
SECTION-BY-SECTION SUMMARY
The amendment to §871.1 removes the reference to the Administrative Services Committee. The amendment to §871.3 removes the reference to the Administrative Services Committee and establishes the Complaints Committee as a committee of the board.
Amendments to §871.6 remove out-dated fees that are no longer valid due to two-year license issuance.
Amendments to §871.11 remove obsolete language that is no longer valid due to two-year license issuance and allow military personnel who are serving on active duty to renew late without penalty.
Amendments to §871.12 remove obsolete language that is no longer valid due to two-year license issuance. Additionally, the amendments reduce the number of allowable continuing education credits for serving as a skills examiner at the state licensure exam from six to four hours every two years; and accurately reflect continuing education audit procedures.
Amendments to §871.14 incorporate the newly created Complaints Committee into the complaint process and establish procedures for complaint resolution and informal conferences.
PUBLIC COMMENT
The board did not receive any public comments regarding the proposed rules during the comment period. However, board staff provided comments and the board has reviewed and agrees to the following changes that will clarify the rules.
Change: Concerning §871.14(d)(1) and (3), the term "complaint committee" is changed to "Complaints Committee."
Change: Concerning §871.14(f), the phrase "or licensee" is added twice to clarify that a notice may be sent to an applicant or a licensee.
Change: Concerning §871.14(h), the phrase "informal settlement conference" is changed to read "informal conference." Also, the statement, "A member of the Complaints Committee shall be present at an informal conference." was added to provide consistency with other professional licensing programs.
Change: Concerning §871.14(h)(1), (5), (6), (12), and (13), the rule is changed to modify the terms "informal settlement conference" and "informal hearing" to "informal conference." This change clarifies terminology and provides consistency in the language of the rules.
STATUTORY AUTHORITY
The amendments are adopted under Texas Occupations Code, §451.103, which authorizes the board to adopt rules necessary for the performance of its duties.
§871.14.Violations, Complaints, and Disciplinary Actions.
(a) Any person may complain to the board alleging that a person has violated the Act or this chapter.
(b) A person wishing to file a complaint against a licensee or other person shall notify the department. The initial notification of a complaint may be in writing, by telephone, or by personal visit to the program director's office. The mailing address is Advisory Board of Athletic Trainers, 1100 West 49th Street, Austin, Texas 78756-3183 and the phone number is (512) 834-6615.
(c) The department shall investigate anonymous complaints if the complainant provides sufficient information.
(d) Complaints shall be investigated in accordance with the following procedures.
(1) The program director shall conduct an initial review of the complaint to determine jurisdiction and alleged Act or rule violations. After conducting the initial review, the program director will determine if additional information is needed or if the complaint should be closed, referred to the Complaints Committee or referred for investigation.
(2) The board may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection and copying, or relevant evidence.
(3) If it is determined that the matters alleged in the complaint are non-jurisdictional, or would not constitute a violation of the Act or this chapter, the program director, after consulting with the board's attorney may dismiss the complaint and give written notice of dismissal to the licensee or person against whom the complaint has been filed, the complainant, and the Complaints Committee.
(4) The program director shall, at least quarterly until final disposition of the complaint, notify the complainant and the person against whom the complaint has been filed of the status of the complaint unless such notice would jeopardize an investigation.
(5) The Complaints Committee may recommend that the license be revoked, suspended, suspended with probation, suspended on an emergency basis, denied, or that the licensee be reprimanded, that administrative penalties be assessed, or other enforcement action authorized by law.
(6) If the Complaints Committee determines that there are insufficient grounds to support the complaint, the program director shall dismiss the complaint and give written notice of the reason for dismissal to the licensee or person against whom the complaint has been filed and the complainant.
(e) The Complaints Committee may recommend that the board deny an application or initiate disciplinary actions as described in subsection (d)(5) of this section for a violation of the Act or this chapter.
(f) The program director shall give written notice to the applicant or licensee by certified mail, return receipt requested, of the facts or conduct alleged to warrant the action, and the applicant or licensee shall be given an opportunity, as described in the notice, to show compliance with all requirements of the Act and this chapter.
(g) If disciplinary action is proposed, the program director shall give written notice by certified mail, return receipt requested, that the licensee or applicant must request, in writing, a formal hearing within 20 days of receipt of the notice, or the right to a hearing shall be waived and the action shall be taken.
(h) Informal disposition of any complaint or contested case involving a licensee or an applicant for licensure may be made through an informal conference held to determine whether an agreed order may be secured. The Complaints Committee may determine whether the public interest would be served by attempting to resolve a complaint or contested case with an agreed order in lieu of a formal hearing. A member of the Complaints Committee shall be present at an informal conference.
(1) An informal conference shall be voluntary and shall not be a prerequisite to a formal hearing. The program director shall establish the time, date and place of the informal conference, and provide written notice to the licensee or applicant. Notice shall be provided no less than 10 working days prior to the date of the informal conference by certified mail, return receipt requested to the last known address of the licensee or applicant. The licensee or applicant may waive the 10-day notice requirement.
(2) A settlement conference shall be informal and shall not follow the procedures established in this chapter for contested cases and formal hearings.
(3) The licensee or applicant, the licensee's or applicant's attorney, a complaints committee member, the executive secretary, the program director, and the board's attorney may question witnesses, make relevant statements, present statements of persons not in attendance, and present such other evidence as may be appropriate.
(4) The complainant shall not be considered a party in the settlement conference but shall be given an opportunity to be heard if the complainant attends. Any written statement submitted by the complainant shall be reviewed at the conference.
(5) At the conclusion of the informal conference, the complaints committee member, the executive secretary, the program director or the program attorney may make recommendations for informal disposition of the complaint or contested case. The recommendations may include any disciplinary action authorized by the Act. The complaints committee member, the executive secretary, the program director or the program attorney may also conclude that the board lacks jurisdiction, conclude that a violation of the Act or this chapter has not been established, order that the investigation be closed, or refer the matter for further investigation.
(6) The licensee or applicant may either accept or reject the recommendations at the informal conference. If the recommendations are accepted, an agreed order shall be prepared by the board office or the board's legal counsel and forwarded to the licensee or applicant. The order may contain agreed findings of fact and conclusions of law. The licensee or applicant shall execute the order and return the signed order to the board office within 10 working days of his or her receipt of the order. If the licensee or applicant fails to return the signed order within the stated time period, the inaction shall constitute rejection of the recommendations.
(7) If the licensee or applicant signs and accepts the proposed recommendations, the agreed order shall be submitted to the complaints committee and the board for approval. Placement of the agreed order on the committee and board agendas shall constitute only a recommendation for approval by the board.
(8) The identity of the licensee or applicant shall not be made available to the board until after the board has reviewed and accepted the agreed order unless the licensee or applicant chooses to attend the board meeting. The licensee or applicant shall be notified of the date, time, and place of the board meeting at which the proposed agreed order will be considered. Attendance by the licensee or applicant is voluntary.
(9) Upon an affirmative majority vote, the board shall enter an agreed order approving the accepted recommendations. The board may not change the terms of a proposed order but may only approve or disapprove an agreed order unless the licensee or applicant is present at the board meeting and agrees to other terms proposed by the board.
(10) If the board does not approve a proposed agreed order, the licensee or applicant shall be so informed. The matter shall be referred to the program director for other appropriate action.
(11) A proposed agreed order is not effective until the board has approved the order and it is signed by the board chair.
(12) A licensee's or applicant's opportunity for an informal conference under this section shall satisfy the requirement of the Administrative Procedure Act, Texas Government Code, §2001.054(c).
(13) If a licensee or applicant who has requested an informal conference fails to appear at the conference and fails to provide notice of their inability to attend the conference at least 24 hours in advance of the time the conference is scheduled, such action may constitute a withdrawal of the request for a formal hearing.
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 February 11, 2008.
TRD-200800805
David Weir
Chair
Advisory Board of Athletic Trainers
Effective date: March 2, 2008
Proposal publication date: August 24, 2007
For further information, please call: (512) 458-7111 x6972