Part V.
State Board of Dental Examiners
Chapter 109.
Conduct
Prohibitions
22 TAC §109.103
The State Board of Dental Examiners adopts amendments to
§109.103 concerning professional responsibility with changes to the proposed
text as published in the December 5, 1997, issue of the
Texas Register
(22 TexReg 11924). The change is to correct an error
in the published proposal. The word "without" following the first comma is
changed to the term "only after".
The amended rule provides that dentists may prescribe medications to patients
of other dentists who have entered into an after hours call agreement with
the prescribing dentist without violating other board rules that address prescriptions
made by dentists.
The amended rule is intended to make it clear that dentists may prescribe
medications in the described circumstances without violating rules which provide
that a dentist may not prescribe medications for a person who is not the dentist's
dental patient.
No comments were received regarding adoption of the amended rule.
The amended rule is adopted under Texas Government Code §2001.021
et. seq; Texas Civil Statutes, Article 4543§2 and 4551d which provide
the State Board of Dental Examiners with the authority to adopt and promulgate
rules consistent with the Dental Practice Act.
§109.103. Professional Responsibility.
In order to safeguard the dental health and welfare of the public
and the dentist-patient relationship and fix professional responsibility for
dental services, no dentist or any other licensee or certificate holder of
the Board shall:
(1)-(6)
(No change.)
(7)
provide prescriptions for any medications to patients
of other dentists, who are part of an after hours call agreement with the
license holder, only after taking steps to determine that the individual is
in fact a patient of the other dentist. Such steps shall include but are not
limited to determination of patient's basic medical history, including name,
when last seen by patient's doctor, service performed and prescriptions written,
if any.
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 January
22, 1998.
TRD-9800926
Douglas A. Beran, Ph.D.
Executive Director
State Board of Dental Examiners
Effective date: February 10, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 463-6400
22 TAC §109.204
The State Board of Dental Examiners adopts amendments to
§109.204, concerning definition of false and misleading advertising with
changes to the proposed text as published in the December 5, 1997, issue of
the
Texas Register
(22 TexReg 11925). The
change, detailed in subsection (11) was made in response to public comment.
The amended rule provides that failure of a practitioner to list his/her
dental degrees or to disclose that services are to be provided by a dentist
in advertising is false and misleading.
The amended rule is intended to prevent dentists from advertising services
available such as certain cosmetic procedures, without disclosing that services
will be provided by dentists.
One comment was received regarding adoption of the amended rule. The commenter
observed that the language of the proposed rule would be impossible for group
dental practices to meet in that any one of a number of dentists could provide
advertised services, and that knowing which degree to list, there are different
dental degrees, would be impossible. The point is well taken. As proposed
the rule requires that degrees of providing dentists be listed and it allows
the copy to include statements that services are to be provided by a general
dentist or by a specialist, if the providing dentist is a specialist. If the
second provision is allowed as an alternative to listing degrees, large
group practices can advertise the availability of services and include a statement
that services will be provided by a general dentist. The second sentence in
subsection (11) was amended to "as an alternative to listing degrees,..."
rather than "in addition to listing degrees,...".
The amended rule is adopted under Texas Government Code §2001.021
et. seq; Texas Civil Statutes, Article 4543§2 and 4551d which provide
the State Board of Dental Examiners with the authority to adopt and promulgate
rules consistent with the Dental Practice Act.
§109.204. Definition of False and Misleading Advertising.
Although any dentist may advertise, no dentist shall advertise or
solicit patients in any form of communication in a manner that is false or
misleading in any material respect. A communication is false or misleading
if it:
(1)-(10)
(No change.)
(11)
Fails to include in advertising copy either the
earned degree or degrees of the dentist who will provide dental services.
As an alternative to listing degrees, the copy may indicate that services
are to be provided by a general dentist, or a specialist, which must be listed,
in any specialty recognized by the American Dental Association, if the providing
dentist is a specialist as listed.
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 January
22, 1998.
TRD-9800925
Douglas A. Beran, Ph.D.
Executive Director
State Board of Dental Examiners
Effective date: February 10, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 463-6400
Chapter 275.
Continuing Education
22 TAC §275.1
The Texas Optometry Board adopts amended Rule 275.1 without
change to the proposed text published in the October 31, 1997, issue of the
Rule 275.1 is required in order to inform the licensees and providers
of continuing education that an itinerary of time in the class must be provided
to the Board for course approval whereby credit can be extended to licensees
who maintain a license to practice optometry. Texas Optometry Act, Texas Civil
Statutes, Article 4552 § 4.01B requires each licensee to obtain continuing
education for the renewal of a license.
No comments were received.
The amended section is adopted under the provisions of Texas
Civil Statutes, Article 4552, § 4.01B and § 2.14. The Texas Optometry
Board interprets § 4.01B as authorizing it to interpret the continuing
education requirements. The Board interprets § 2.14 as authorizing the
Board to adopt substantive and procedural rules for the regulation of the
profession of optometry. No other code, statute or article is affected by
this proposed amendment.
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 January
22, 1998.
TRD-9800996
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: February 11, 1998
Proposal publication date: October 31, 1997
For further information, please call: (512) 305-8500
Chapter 505.
The Board
22 TAC §505.10
The Texas State Board of Public Accountancy adopts an amendment
to §505.10, without changes to the proposed text as published in the
December 5, 1997, issue of the
Texas Register
,
(22 TexReg 11925).
The amendment allows the board to continue all of its standing committees
until January 1, 2002, when the committees will be automatically abolished
unless the board continues the committees.
The amendment will function by continuing all of the standing committees
until January 1, 2002. On or before that date the board must decide which,
if any, committees to continue or allow them to be automatically abolished.
No comments were received concerning adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
41a-1, §6, which provides the Texas State Board of Public Accountancy
with the authority to make such rules as may be necessary or advisable to
effectuate the purposes of the law, §2110.008, Texas Government Code.
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 January
23, 1998.
TRD-9801107
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: February 12, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 305-7800
22 TAC §515.11
The Texas State Board of Public Accountancy adopts new §515.11,
without changes to the proposed text as published in the December 5, 1997,
issue of the
Texas Register
, (22 TexReg 11926).
The new rule allows an exemption from the professional fee for federal
employees who are prohibited by virtue of their federal employment from engaging
in a part-time practice.
The new rule will function by requiring eligible federal employees to execute
an Affidavit in order to be eligible for the exemption. If a licensee loses
eligibility during a license year, the licensee is responsible for the professional
fee.
No comments were received concerning adoption of the new section.
The section is adopted under Texas Civil Statutes, Article 41a-1,
§6, which provides the Texas State Board of Public Accountancy with the
authority to make such rules as may be necessary or advisable to effectuate
the purposes of the law, and §9A which conferred this exemption.
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 January
23, 1998.
TRD-9801106
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: February 12, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 305-7800
22 TAC §515.12
The Texas State Board of Public Accountancy adopts new §515.12,
without changes to the proposed text as published in the December 5, 1997,
issue of the
Texas Register
, (22 TexReg 11926).
The new rule allows an exemption from the professional fee for state employees
whose state agency employer has authorized payment of the professional fee
and who do not engage in the client practice of accounting.
The new rule will function by requiring eligible state employees to execute
an Affidavit in order to be eligible for the exemption. If a licensee loses
eligibility during a license year, the licensee is responsible for the professional
fee.
No comments were received concerning adoption of the new section.
The new section is adopted under Texas Civil Statutes, Article
41a-1, §6, which provides the Texas State Board of Public Accountancy
with the authority to make such rules as may be necessary or advisable to
effectuate the purposes of the law, and §9A which conferred this exemption.
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 January
23, 1998.
TRD-9801109
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: February 12, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 305-7800
Advertising
Part XIV.
Texas Optometry Board
Part XXII.
Texas State Board of Public Accountancy
Chapter 515.
Licenses
Chapter 523.
Continuing Professional Education Standards