The State Board of Dental Examiners adopts The repeal , Title 22, Texas Administrative Code, Part 5, Examining Board, including Subchapter A, Professional Signs, §§109.1, 109.2 and 109.6 - 109.10; Subchapter B, Telephone Directory Listings, §§109.43 and 109.44; Subchapter C, Listings of Auxiliary Personnel, §109.81; Subchapter D, Gifts and Premiums, §109.91; Subchapter E, Prohibitions, §§109.102 -109.105 and 109.107 - 109.109; Subchapter F, Suspended or Revoked Licenses, §109.111; Subchapter G, Termination of Relationship, §§109.121 and 109.122; Subchapter H, Sanitation, §§109.131 and 109.132; Subchapter I, Fair Dealing, §§109.141 - 109.145; Subchapter J, Mobile or Moveable Offices, §§109.151 - 109.155; Subchapter K, Visiting Clinicians - Courses Seminars, §109.161; Subchapter L, Anesthesia and Anesthetic Agents, §§109.171 - 109.177; Subchapter M, Retired Status, §109.181; Subchapter N, Double Degrees, §109.191; Subchapter O, Advertising, §§109.201, 109.203, 109.204; Subchapter P, Definitions, §109.211; Subchapter Q, Infection Control, §§109.220 - 109.224; Subchapter R, Providing Copies of Certain Contracts, §109.300 and Subchapter T, Agreements with Non-Dentists, §109.500 without changes to the proposed text published in the September 22, 2000 issue of the Texas Register (25 TexReg 9332). The repeal et. seq. is adopted without changes and therefore will not be republished.

Pursuant to the rule review process, the General Appropriations Act of 1997, Article IX, §167, Acts of the 75th Legislature Regular Session, 1997, the State Board of Dental Examiners determined that many of the rules found in Chapter 109, Conduct, were duplicative, obsolete and irrelevant. Many of the rules had not been visited for several years and were found to be inapplicable to agency policies and procedures and the realities of dental practice in the 21st century. Rules pertaining to particular subject matter, such as Advertising, were scattered throughout the chapter, creating confusion. The process of reorganizing, amending, repealing and readopting the rules found in Chapter 109 would have created an administrative and logistical nightmare. The Board determined that it is more efficient to propose The repeal , Conduct, in its entirety and replace it with the proposed new Chapter 108. The conceptual content of the rules governing conduct found in Chapter 109 will not cease to exist, but will be supplanted by the rules in new Chapter 108 adopted by the Board on January 26, 2001 and published in the Adopted Rules section of this issue of the Texas Register .

No comments were received regarding the proposal to repeal Chapter 109 et.seq.

Subchapter A. PROFESSIONAL SIGNS