Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 104.
CONTINUING EDUCATION
22 TAC §104.1
The Texas State Board of Dental Examiners (Board) proposes
amendments to 22 TAC Chapter 104, §104.1, concerning continuing education
requirements for dentists and dental hygienists. The amendments are proposed
to require that dentists and dental hygienists take an additional 3 hours
of continuing education in the area of jurisprudence, to be completed every
three years. The section as amended also contains revisions to clarify and
standardize language, and to improve organization.
There are no other substantive changes to the section.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period the section
is in effect, there will be no fiscal implications for local or state government
as a result of enforcing or administering the section.
The public benefit anticipated as a result of enforcing or administering
the section will be an increased awareness on the part of licensees of the
laws and regulations governing the practice of dentistry.
The impact on large, small or micro-businesses will be negligible, limited
to the costs associated with taking the course.
The anticipated economic cost to persons as a result of enforcing or administering
the section is negligible, and is limited to the costs associated with taking
the course.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this amended section is published in the
The amendment is proposed under Texas Government Code §2001.021
et seq., Texas Civil Statutes; the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties, and §257.005 of the Occupations Code, which requires
that the Board develop a continuing education program for dentists and dental
hygienists.
The proposed amendment affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101-125.
§104.1.Requirement.
As a prerequisite to the annual renewal of a dental or dental hygiene
license, proof of completion of 12 hours of acceptable continuing education
is required.
[
(1)
[
(A)
Such requests must be in writing and submitted to and approved
by the Continuing Education Committee prior to the expiration of the annual
period for which the alternative is being requested.
(B)
A licensee must provide supporting documentation detailing
the reason why the continuing education requirements set forth in [
(C)
Acceptable causes may include residence outside the United
States, unanticipated financial or medical hardships, or other extraordinary
circumstances that are documented.
(D)
Should the request be denied, the licensee must complete
the
requirements [
(2)
Aside from courses taken to
satisfy the jurisprudence requirement of §104.1(3) of this title, all
coursework must be either technical or scientific as related to clinical care.
The terms "technical" and "scientific" as applied to continuing education
shall mean that courses have significant intellectual or practical content
and are designed to directly enhance the practitioner's knowledge and skill
in providing clinical care to the individual patient.
(3)
Effective January 1, 2005,
each licensee shall complete three (3) hours of approved coursework in jurisprudence
every three (3) years, in addition to the general 12 hour requirement.
(A)
For the purposes of this section, "jurisprudence"
refers to the body of statutes and regulations pertaining to and governing
the licensee's practice, including relevant portions of the Texas Occupations
Code, and the rules enacted by the Board.
(B)
Coursework in jurisprudence may be through self-study
or interactive computer courses, either of which must be verifiable and provided
by those entities cited in §104.2 of this title.
(4)
A licensee may carry forward
continuing education hours earned prior to a renewal period which are in excess
of the 12-hour requirement and such excess hours may be applied to subsequent
years' requirements. Excess hours to be carried forward must have been earned
in a classroom setting and within the three years immediately preceding the
renewal period. A maximum of 24 total excess credit hours may be carried forward.
[
[
(5)
Hours
of coursework
in the standards of the
Occupational Safety and Health Administration (OSHA) or in cardiopulmonary
resuscitation (CPR) may not be considered in the 12-hour requirement.
(6)
No more than 4 hours in any [
[
(7)
[
(8)
Examiners for the Western Regional
Examining Board (WREB) will be allowed credit for no more than 6 hours annually,
obtained from WREB's calibration and standardization exercise. This provision
shall not apply to active board members.
(9)
Any individual or entity may
petition one of the providers listed in §104.2 of this title to offer
continuing education.
(10)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 20, 2004.
TRD-200402633
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 6, 2004
For further information, please call: (512) 475-0972
Subchapter B. SANITATION AND INFECTION CONTROL
22 TAC §108.25
The Texas State Board of Dental Examiners (Board) proposes
amendments to 22 TAC Chapter 108, §108.25, concerning dental health care
workers.
The amendment adds subsection (e), which recommends that all dental health
care workers receive a tuberculin skin test annually or on discovery of exposure,
and encourages compliance with guidelines for tuberculosis testing and control
recommended by the Centers For Disease Control and the Texas Department of
Health.
There are no other substantive changes to the section.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period the section
is in effect, there will be no fiscal implications for local or state government
as a result of enforcing or administering the section.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period the section
is in effect, the public benefit anticipated as a result of enforcing or administering
the section will be to increase awareness and participation among dental health
care workers in testing as a means for controlling the spread of tuberculosis,
which is a persistent problem in certain areas of Texas.
The impact on large, small or micro-businesses will be negligible, since
the additional language is suggestive and not mandatory. Those businesses
that choose to adopt the recommended precautions may incur marginal costs
for testing, and those employing individuals that discover they test positively
may incur costs associated with accommodating the condition of those individuals,
as may be required.
The anticipated economic cost to persons as a result of enforcing or administering
the section also depends on the level of compliance with the rule's suggestions.
Those individuals that choose to adopt the recommended precautions may incur
marginal costs for testing, and those individuals that discover they test
positively may incur costs for further testing and treatment.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this amended section is published in the
The section is proposed under Texas Government Code §2001.021
et seq., Texas Civil Statutes; the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties.
The proposed amendment affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapter 108.
§108.25.Dental Health Care Workers.
(a)
All dental health care workers shall comply with the universal
precautions, as recommended for dentistry by the Centers for Disease Control
and required by THSC, §85.202, et seq, 1991, as amended, in the care,
handling, and treatment of patients in the dental office or other setting
where dental procedures of any type may be performed.
(b)
All dental health care workers who have exudative lesions
or weeping dermatitis shall refrain from contact with equipment, devices,
and appliances that may be used for or during patient care, where such contact
holds potential for blood or body fluid contamination, and shall refrain from
all patient care and contact until condition(s) resolves unless barrier techniques
would prevent patient contact with the dental health care worker's blood or
body fluid.
(c)
A dental health care worker(s) who knows he/she is infected
with HIV or HBV and who knows he/she is HbeAg positive shall report his/her
health status to an expert review panel, pursuant to provisions of THSC, §85.204,
et seq, 1991, as amended.
(d)
A dental health care worker who is infected with HIV or
HBV and is HbeAg positive shall notify a prospective patient of the dental
health care worker's seropositive status and obtain the patient's consent
before the patient undergoes an exposure-prone procedure performed by the
notifying dental health care worker.
(e)
All dental care workers should receive
a tuberculin skin test at least annually, or if it is discovered they have
been exposed. The Board encourages compliance with the guidelines for tuberculosis
testing and control recommended by the Centers For Disease Control and the
Texas Department of Health.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 21, 2004.
TRD-200402654
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 6, 2004
For further information, please call: (512) 475-0972
22 TAC §114.11
The Texas State Board of Dental Examiners (Board) proposes
new §114.11, concerning exemption from dental assistant registration.
The new section is proposed to clarify the enactment of certain requirements
imposed by Senate Bill 263, §25, 78th Legislature, requiring that dental
assistants that make x-rays be registered to do so.
Specifically, the proposed language would exempt from the registration
requirement individuals who are only performing radiological procedures for
training or educational purposes, under proper supervision. The exemption
under the proposed section for an individual performing radiological procedures
as part of on-the-job training is limited to 180 days in duration. This allowance
is consistent with that allowed in the current dental assistant registration
rules.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period the section
is in effect, there will be no fiscal implications for local or state government
as a result of enforcing or administering the section.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period the section
is in effect, there is little to no public benefit anticipated as a result
of enforcing or administering the section.
The impact on large, small or micro-businesses will be significant. The
measure will allow a substantial time period for new or currently non-certified
dental assistants to receive on-the-job training prior to taking the examinations
required to receive a certificate of registration, improving the chances of
examination success. The extra time will also allow potential registrants
and their employers sufficient time to plan for any work time to be lost to
take the examinations, and will prevent employers from being immediately without
assistance in taking radiographs.
There is no anticipated economic cost to persons as a result of enforcing
or administering the section.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this amended section is published in the
The section is proposed under Texas Government Code §2001.021
et seq., Texas Civil Statutes; the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties, and Senate Bill 263, §25, 78th Legislature, requiring
that dental assistants that make x-rays be registered to do so.
The proposed section affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapter 101-125.
§114.11.Exemption.
(a)
A dental assistant will not be considered to be positioning,
exposing, or otherwise making dental x-rays if the dental assistant only performs
radiological procedures:
(1)
In the course of training or for other educational purposes;
and,
(2)
Is at all times under the direct supervision of the employer
dentist.
(b)
A dental assistant performing radiological procedures under
this section in the course of on-the-job training may only do so for a period
of 180 days.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 21, 2004.
TRD-200402657
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 6, 2004
For further information, please call: (512) 475-0972
Chapter 153.
RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
(1)
A licensee may carry forward
continuing education hours earned prior to a renewal period which are in excess
of the 12-hour requirement and such excess hours may be applied to subsequent
years' requirements. Excess hours to be carried forward must have been earned
in a classroom setting and within the three years immediately preceding the
renewal period. A maximum of 24 total excess credit hours may be carried forward.]
(2)
] Each licensee shall select
and participate in the continuing education courses endorsed by the providers
identified in §104.2 of this title (relating to Continuing Education
Providers). A licensee who is unable to meet education course requirements
may request that alternative courses or procedures be approved by the Continuing
Education Committee.
paragraph
(5) of
] this section cannot be met and must submit a proposal for alternative
education procedures.
as cited in paragraph (5)
] of this section.
(3)
Examiners for the Western
Regional Examining Board (WREB) will be allowed credit for no more than 6
hours annually, obtained from WREB's calibration and standardization exercise.
This provision shall not apply to active board members.]
(4)
All 12 hours must be either
technical or scientific as related to clinical care. The terms "technical"
and "scientific" as applied to continuing education shall mean that courses
have significant intellectual or practical content and are designed to directly
enhance the practitioner's knowledge and skill in providing clinical care
to the individual patient.]
12-hour
] accumulation
of coursework submitted for renewal purposes
may be in self-study. These
self-study hours must be provided by those entities cited in §104.2 of
this title (relating to Providers). Examples of self-study courses include
correspondence courses, video courses, audio courses, and reading courses.
(7)
Any individual or entity may
petition one of the providers listed in §104.2 of this title to offer
continuing education.]
(8)
] No more than 4 hours in
any
[
a 12-hour
] accumulation
of coursework submitted
for renewal purposes
may be interactive computerized courses. These
interactive computerized courses must be provided by those entities cited
in §104.2 of this title. Examples of interactive computer courses include
those that involve interactive dialogue through electronic linkage with an
instructor in which manipulation of text or data by the licensee occurs.
(9)
] Providers cited in §104.2
of this title will approve individual courses and/or instructors.
Chapter 108.
PROFESSIONAL CONDUCT
Chapter 114.
EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS
Part 8.
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD