PART 5. STATE BOARD OF DENTAL EXAMINERS
CHAPTER 100. GENERAL PROVISIONS
The Texas State Board of Dental Examiners (Board) adopts an amendment to §100.3. The amendment is adopted without changes to the proposed text as published in the September 26, 2008 issue of the Texas Register(33 TexReg 8091) and will not be republished. The amendment clarifies Board policies regarding professional conduct by Board members.
A comment was received from W. Kenneth Horwitz, D.D.S., Susana Paoloski, D.D.S., and John Chandler, D.D.S. requesting that the Board amend the rule to prohibit board members, board consultants, and Texas WREB examiners from testifying in a civil trial involving a case under board investigation. John D. Chandler, D.D.S. also submitted a separate comment suggesting that the proposed amendment replace the term "should" with "must" where it appears in the amendment. Susana Paoloski, D.D.S. also submitted a separate comment suggesting that the term "may not" be replaced with "shall not" in subsection (g) of the amendment. This comment also suggested a prohibition on expert testimony by board members for two to five years following retirement from the board and that the Board review all past cases and reopen any case involving expert testimony by a Board member. A comment was received from the Greater Houston Dental Society requesting that the rule be amended to replace "should" with "shall" and "may not" with "shall not" where they appear in the amendment, and suggested that a board member wishing to provide expert testimony in any case not involving a dental licensee gain permission from the board's executive committee in advance. A comment was received from Mark Connelly, D.D.S. requesting that the rule be amended to replace "should" with "shall" and "may not" with "shall not" where they appear in the amendment, and suggested that former board members be prohibited from providing expert testimony for two to three years following retirement from the board. This comment also suggested that the Board review all past cases and reopen any case involving expert testimony by a Board member where a conflict could have potentially existed. A comment was received from Douglas Terry, D.D.S. requesting that the rule be amended to replace "should" with "shall" and "may not" with "shall not" where they appear in the amendment, and suggested that former board members be prohibited from providing expert testimony for two to three years following retirement from the board. This comment also suggested that the Board review all past cases and reopen any case involving expert testimony by a Board member where a conflict could have potentially existed, and suggested that all prohibitions be extended to WREB examiners. A comment was received from the Texas Dental Association expressing support for the amendment, but suggested replacing the word "should" with "shall" where it appears in the amendment. A comment was received from the Texas Academy of General Dentistry expressing support for the amendment.
All comments received were carefully considered by Board Staff. The amendment was recommended for adoption without change in order to best reflect current legislative requirements.
This section is adopted under Texas Government Code §§2001.021 et seq., Texas Civil Statutes; the 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 amendment affects Title 3, Subtitle D of the Texas 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 13, 2009.
TRD-200900604
Sherri Sanders Meek
Executive Director
State Board of Dental Examiners
Effective date: March 5, 2009
Proposal publication date: September 26, 2008
For further information, please call: (512) 475-0972
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
The Texas State Board of Examiners of Psychologists adopts amendments to rule §463.9, Licensed Specialist in School Psychology without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9859).
The amendments are being adopted to assist the LSSP applicant in transitioning from an internship to the LSSP trainee status.
The adopted amendments will help to ensure protection of the public.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
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, 2009.
TRD-200900565
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 3, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 305-7706