Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 101.
DENTAL LICENSURE
22 TAC §101.7
The State Board of Dental Examiners (SBDE) adopts amendments
to §101.7, Licensure by Credentials--Dentists, without changes to the
proposed text as published in the December 3, 1999 issue of the
Texas Register
(24 TexReg 10711).
The amended rule provides the State Board of Dental Examiners with additional
information, via the Healthcare Integrity and Protection Databank (HIPDB),
concerning licensees in other states who seek licensure by credentials in
Texas.
As part of the licensure by credentials process, applicants submit to the
SBDE a background check for criminal or fraudulent activities. This information
is obtained from the National Practitioner Data Bank (NPDB), the federal repository
for final adverse actions reported by licensing boards on actions taken against
dental practitioners, via a self query. The applicant submits the NPDB report
to the SBDE pursuant to §101.7 (8).
The Health Insurance Portability and Accountability Act of 1996 created
the Healthcare Integrity and Protection Databank (HIPDB), a national health
care fraud and abuse data collection program for the reporting and disclosure
of certain final adverse actions taken against health care providers. All
state and federal agencies are required by law to report adverse actions to
HIPDB beginning October 1, 1999.
As outlined in paragraph (8) of this rule, applicants will now be required
to provide information to the SBDE from the Healthcare Integrity and Protection
Data Bank (HIPDB), as well as the NPDB. This additional information will be
reviewed by the SBDE's Credential Review Committee as part of the licensing
process to insure that only qualified applicants are granted licensure by
credentials in Texas.
No comments were received regarding adoption of the rule.
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 promulgate
rules consistent with the Dental Practice Act, and §256.101 which provides
the Board with the authority to issue a reciprocal license.
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 18, 2000.
TRD-200000328
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Effective date: February 7, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 463-6400
Subchapter T. AGREEMENTS WITH NON-DENTIST
22 TAC §109.500
The State Board of Dental Examiners adopts new Subchapter
T, Agreements with Non-Dentists, §109.500, concerning Improper Influence
on Professional Judgment, without changes to the text proposed in the December
3, 1999 issue of the
Texas Register
(24 TexReg
10712).
The new §109.500 makes it clear that a dentist may not enter into
a contract that will have the effect of controlling, influencing, or attempting
to control or influence the exercise of his or her professional judgment.
Dental Management service organizations are providing a range of business
services to dental practices and help the practices realize benefits in terms
of reduced costs and increased number of patients. In Texas, and in other
states a concern with such agreements is that they may lead to control or
influence over professional decisions. The rule in subsection (b) establishes
a presumption that when a dentist enters into a contract that allows any person
other than a dentist to exert control or influence over professional judgment
concerning any one or more of fifteen activities listed, has violated the
Dental Practice Act at §251.003.
Subsection (c) establishes a presumption that listed provisions in a contract
do not violate the Dental Practice Act.
A version of this rule was published in the June 25, 1999 issue of the
After discussions by staff with a representative of all the commenters
at hearing, language was proposed for the Board's consideration. At its November
1999 meeting, the Board approved for publication the rule under consideration.
No comments were received regarding adoption of this rule.
The new 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 promulgate
rules consistent with the Dental Practice Act, and with §251.003 (9)
as amended by Senate Bill 964, §17, 76th Legislative Session, 1999, which
addresses the scope of rules affecting the section.
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 18, 2000.
TRD-200000327
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Effective date: February 7, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 463-6400
Chapter 341.
LICENSE RENEWAL
Chapter 109.
CONDUCT
Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS