TITLE 22.EXAMINING BOARDS

Part 5. STATE BOARD OF DENTAL EXAMINERS

22 TAC §§100.1 - 100.5, 100.10, 100.20

The Texas State Board of Dental Examiners (Board) adopts new 22 TAC Chapter 100, titled "General Provisions," and containing new §§100.1 - 100.5, 100.10, and 100.20. Section 100.5 is adopted with changes to the proposed text as published in the December 10, 2004, issue of the Texas Register (29 TexReg 11451). Sections 100.1 - 100.4, 100.10, and 100.20 are adopted without changes and will not be republished.

The new sections provide rules governing basic operations of the Board, pursuant to the recommendation of the Texas Sunset Advisory Commission.

Section 100.1, "Introduction," defines the name, location, legal authority, composition, and fiscal year of the Board.

Section 100.2 delineates the purpose and functions of the Board, as mandated by the Dental Practice Act.

Section 100.3 describes the organization and structure of the Board, pursuant to the Dental Practice Act.

Section 100.4 describes the officers of the Board.

Section 100.5 provides guidelines and requirements for Board meetings.

Section 100.10 describes the powers and responsibilities of the executive director.

Section 100.20 discusses final board decisions in contested cases.

Several comments were received from stakeholders suggesting minor typographical and only two minimally substantive changes to §100.5: specifying the distribution of board meeting agendas to certain advisory committees; and mandating that board meeting minutes be filed with the Legislative Reference Library and the Texas State Library within 45 days of board approval of the minutes.

The new sections are adopted 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 new sections affect Title 3, Subtitle D of the Occupations Code and Title 22, Texas Administrative Code, Chapter 101 - 125.

§100.5.Meetings.

(a) Frequency and location. The board shall hold meetings at least twice a year at times and places the board determines.

(b) Agenda. An agenda for each meeting shall be posted in accordance with the Open Meetings Act and copies shall be sent to each member of the board, Dental Hygiene Advisory Council, and Dental Laboratory Certification Council.

(c) Quorum. A majority of the members of the board shall constitute a quorum for the transaction of all business at any regular or special meeting.

(d) Voting. The board may act only by majority vote of its members present and voting, with each member entitled to one vote, unless a conflict of interest exists.

(e) Presiding officer. In the absence of the appointed presiding officer, the secretary shall act as presiding officer. In the absence of both the appointed presiding officer and the secretary, an acting presiding officer shall be chosen by a majority of the board members present, to preside over that meeting only.

(f) Parliamentary procedure. Board and committee meetings shall be conducted pursuant to the protocols contained in Robert's Rules of Order Newly Revised.

(g) Minutes. Minutes of all board meetings shall be prepared and supplied to board members for their review at or prior to the next subsequent board meeting, and shall be filed with the Legislative Reference Library and the Texas State Library within 45 days of board approval of the minutes.

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 31, 2005.

TRD-200500423

Bobby D. Schmidt, M.Ed.

Executive Director

State Board of Dental Examiners

Effective date: February 20, 2005

Proposal publication date: December 10, 2004

For further information, please call: (512) 475-0972

Chapter 101. DENTAL LICENSURE

22 TAC §101.2

The Texas State Board of Dental Examiners (Board) adopts amendments to 22 TAC Chapter 101, §101.2, concerning Dental Licensure by Examination without changes to the proposed text as published in the December 10, 2004, issue of the Texas Register (29 TexReg 11453) and will not be republished.

The amendments establish standards for reexamination, as required by Occupations Code §256.006. The section as amended also contains revisions to clarify and standardize language, and to improve organization.

Subsection (e) has been added to establish remediation requirements for applicants for Texas dental licensure that fail three general dentistry clinical examination attempts, and another elevated level of requirements for those that fail four or more attempts. The section as amended also requires that all programs of remediation be approved in advance by the SBDE, and that reexamination be accomplished within 18 months of the approval of a program of remediation for the applicant.

There are no other substantive changes to the section.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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 amendment affects Title 3, Subtitle D of the 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 January 31, 2005.

TRD-200500424

Bobby D. Schmidt, M.Ed.

Executive Director

State Board of Dental Examiners

Effective date: February 20, 2005

Proposal publication date: December 10, 2004

For further information, please call: (512) 475-0972

Chapter 103. DENTAL HYGIENE LICENSURE

22 TAC §103.1

The Texas State Board of Dental Examiners (Board) adopts amendments to 22 TAC Chapter 103, §103.1, concerning general qualifications for dental hygienist licensure without changes to the proposed text as published in the December 10, 2004, issue of the Texas Register (29 TexReg 11454) and will not be republished.

The amendments clarify and standardize language, and improve organization.

The amendment removes subsection (g), which previously addressed designated regional examining boards. 22 TAC Chapter 103, §103.2, which addresses licensure by examination, is being concurrently amended to relocate the language of this subsection.

There are no other substantive changes to the section.

No comments were received regarding adoption of the amendment.

The amendment affects Title 3, Subtitle D of the 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 January 31, 2005.

TRD-200500425

Bobby D. Schmidt, M.Ed.

Executive Director

State Board of Dental Examiners

Effective date: February 20, 2005

Proposal publication date: December 10, 2004

For further information, please call: (512) 475-0972

22 TAC §103.2

The Texas State Board of Dental Examiners (Board) adopts amendments to 22 TAC Chapter 103, §103.2, concerning dental hygienist licensure by examination without changes to the proposed text as published in the December 10, 2004, issue of the Texas Register (29 TexReg 11455) and will not be republished. The amendments establish standards for reexamination, as required by Occupations Code §256.006. The section as amended also contains revisions to clarify and standardize language, and to improve organization.

Subsection (b) has been added to accommodate the relocation of language concerning designated regional examining boards, that currently resides in §103.1. That language is more appropriately be located in §103.2. No changes were made to the language itself.

Subsection (c) has been added to establish remediation requirements for applicants for Texas dental hygienist licensure that fail three general dentistry clinical examination attempts, and another elevated level of requirements for those that fail four or more attempts. The section as amended also requires that all programs of remediation be approved in advance by the SBDE, and that reexamination be accomplished within 18 months of the approval of a program of remediation for the applicant.

There are no other substantive changes to the section.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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 amendment affects Title 3, Subtitle D of the 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 January 31, 2005.

TRD-200500430

Bobby D. Schmidt, M.Ed.

Executive Director

State Board of Dental Examiners

Effective date: February 20, 2005

Proposal publication date: December 10, 2004

For further information, please call: (512) 475-0972

Chapter 108. PROFESSIONAL CONDUCT

Subchapter A. PROFESSIONAL RESPONSIBILITY

22 TAC §108.6

The Texas State Board of Dental Examiners (Board) adopts 22 TAC Chapter 108, §108.6, concerning the required reporting of dental patient death or hospitalization without changes to the proposed text as published in the December 10, 2004, issue of the Texas Register (29 TexReg 11458) and will not be republished. The amendments are proposed to more clearly delineate what patient hospitalizations must be reported by a dentist. The section as amended also contains revisions to clarify and standardize language, and to improve organization.

Specifically, the section as amended defines hospitalization as "an examination at a hospital or emergency medical facility that results in an in-patient admission for the purpose(s) of treatment and/or monitoring." The proposed language also allows for reporting within 30 days of such time as the dentist becomes aware or reasonably should have become aware of a qualifying hospitalization, to address instances in which the dentist has no knowledge of a patient's hospitalization.

There are no other substantive changes to the section.

No comments were received regarding the adoption of the amendment.

The amendment affects Title 3, Subtitle D of the 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 January 31, 2005.

TRD-200500431

Bobby D. Schmidt, M.Ed.

Executive Director

State Board of Dental Examiners

Effective date: February 20, 2005

Proposal publication date: December 10, 2004

For further information, please call: (512) 475-0972

Part 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

Chapter 323. POWERS AND DUTIES OF THE BOARD

22 TAC §323.4

The Texas Board of Physical Therapy Examiners adopts the repeal of §323.4, Applications Review Committee, without changes as published in the November 26, 2004, issue of the Texas Register (29 TexReg 10867).

The rule is repealed because the Board has eliminated this committee, moving the task of reviewing applications that require special consideration to either the Education Committee or the Rules and Practice Committee, whichever is most appropriate for a specific application.

No comments were received regarding the repeal of this section.

The repeal is adopted under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

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 28, 2005.

TRD-200500417

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: February 17, 2005

Proposal publication date: November 26, 2004

For further information, please call: (512) 305-6900

Chapter 341. LICENSE RENEWAL

22 TAC §341.2, §341.3

The Texas Board of Physical Therapy Examiners adopts amendments to §341.2, Continuing Education Requirements and §341.3, Qualifying Continuing Education. Section 341.3 is adopted with changes to the proposed text as published in the November 26, 2004, issue of the Texas Register (29 TexReg 10867). Section 341.2 is adopted without changes and will not be republished.

In §341.3 changes were made to the definition of Continuing Education, and included rewording the last sentence slightly to eliminate confusion over educational levels and to add punctuation to the first sentence.

The amendments update the Board's rules covering Continuing Education and add a definition of the term. The amendments also standardize terms used and the length of time records must be retained; give clearer descriptions of the types of acceptable continuing education and what standards each type must meet to satisfy board requirements; establish several new categories of CE, and change how CE credit is calculated for certain types of self-directed study.

No comments were received regarding these sections.

The amendments are adopted under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

§341.3.Qualifying Continuing Education.

(a) Continuing education for the profession of physical therapy is a structured process of education designed or intended to support the continuous development of physical therapists and physical therapist assistants, and to maintain and enhance their professional competence. Continuing education is professional education that goes beyond their entry-level education and is applicable to the practice of physical therapy.

(b) Programs offered as continuing education (CE).

(1) One CEU is defined as ten contact hours.

(2) Program content and structure must be approved by the board-approved organization. Programs must meet the following criteria:

(A) Program content must be easily recognizable as pertinent to the physical therapy profession and in the areas of ethics, professional responsibility, clinical application, clinical management, behavioral science, science, or risk management.

(B) The content must be identified by instructional level, i.e., basic, intermediate, advanced. Program objectives must be clearly written to identify the knowledge and skills the participants should acquire and be consistent with the stated instructional level.

(D) Programs must be presented by a licensed health care provider, or by a person with appropriate credentials and/or specialized training in the field.

(E) Program providers are prohibited from self-promotion of programs, products, and/or services during the presentation of the program.

(F) The participants must evaluate the program. A summary of these evaluations must be made available to the board-approved organization upon request.

(G) Records of each licensee who participates in the program must be maintained for four years by the CE sponsor and must be made available to the board-approved organization upon request.

(3) CE programs subject to §341.3(b) include the following:

(A) Traditional on-site CE programs.

(i) Documentation for CE programs must include the name and license number of the licensee; the title, sponsor, date(s), and location of the course; the number of CEUs awarded, the signature of an authorized signer, and the program approval number.

(ii) If selected for audit, the licensee must submit the specified documentation.

(B) Home study CE programs (hard copy or web-based).

(i) Documentation must include the name and license number of the licensee; the title, sponsor, date(s), and instructional format of the course; the number of CEUs awarded, the signature of an authorized signer, and the program approval number.

(ii) If selected for audit, the licensee must submit the specified documentation.

(i) Documentation must include the name and license number of the licensee; the title, sponsor, date(s), and location of the inservice; the signature of an authorized signer, and the program approval number with the maximum CEUs granted and the CEU value of each session or group of sessions specified and justified.

(ii) Additionally, proof of attendance to any or all inservice sessions must be provided so that individual CEUs earned can be calculated by the program sponsor for submission to the board-approved organization.

(iii) If selected for audit, the licensee must submit the specified documentation.

(D) Large conferences with concurrent CE programming.

(i) Documentation must include the licensee's name and license number; title, sponsor, date(s); and location of the conference; the number of CE units awarded, the signature of an authorized signer, and the course approval number.

(ii) If selected for audit, the licensee must submit the specified documentation and proof of attendance.

(1) College or university courses easily recognizable as pertinent to the physical therapy profession and in the areas of ethics, professional responsibility, clinical application, clinical management, behavioral science, science, or risk management may be submitted by licensees for consideration of their CE requirement.

(A) Documentation required for submission includes the course syllabus for each course and an official transcript. To be considered, the course must be at the appropriate educational level for the physical therapist or physical therapist assistant.

(B) The licensee should submit the request to the board-approved organization at least 60 days prior to the license expiration date.

(2) One (1.0) CEU is credited for each satisfactorily (grade of C or higher) completed credit hour. If course contact hours are specified in the syllabus, 1.0 CEU is credited for every 10 contact hours in courses where the licensee earned a grade of C or higher.

(3) Documentation must include the approval letter from the board-approved organization. If selected for an audit, the licensee must submit the specified documentation.

(4) College or university sponsored CE programs (no grade, no official transcript) must comply with §341.3(b) of this title.

(d) Self-directed study.

(1) Publications.

(A) Publication(s) pertinent to physical therapy and in the areas of ethics, professional responsibility, clinical application, clinical management, behavioral science, science, or risk management written for the professional or lay audience published within the 24 months prior to the license expiration date may be submitted by the author(s) for consideration of their CE requirement. The author(s) are prohibited from self-promotion of programs, products, and/or services in the publication.

(B) Publication(s) must be approved and CEU value determined by the board-approved organization.

(i) A newspaper article may be worth up to 0.3 CEU.

(ii) A regional/national magazine article may be worth up to 1.0 CEU.

(iii) A case study in a peer reviewed publication, monograph, or book chapter(s) may be worth up to 2 CEUs.

(iv) A research article in a peer reviewed publication or an entire book may be worth up to 3.0 CEUs.

(D) The request and final publication(s) should be sent to the board-approved organization at least 60 days prior to the license expiration date. In the event that the publication's release will occur in the 60 days prior to the license expiration date, the author(s) may submit the request, publication in revision form, and letter from the publisher or editor which includes the expected publication release date. In the event that the publication is an entire book or book chapter(s), the author must submit the following: title page, copyright page, entire table of contents, preface or forward if present, and one book chapter authored by the licensee.

(2) Program/Course development, consultation, or teaching.

(A) First time development or presentation of, and teaching or consultation in, programs such as institutes, seminars, workshops, conferences, and college or university courses which are designed to increase professional knowledge in the field of physical therapy or other related fields may be submitted for consideration of the CE requirement. CEUs are not available for subsequent development, consultation, or teaching of the same CE program or college or university course.

(B) Program/Course development, consultation, or teaching must be approved and CEU value determined by the board-approved organization.

(D) The licensee should submit the request with explanation and evidence of the licensee's roles and responsibilities, along with the CE program approval number, to the board-approved organization at least 60 days prior to the license expiration date. In the event that the licensee is requesting approval for activities not associated with an approved CE program, the licensee must submit the request along with the program/course objectives, outline, date(s), and location(s).

(3) Documentation for self-study CE must include supporting evidence for application to the board-approved organization and the resulting approval letter. If selected for audit, the licensee must submit the specified documentation.

(e) Approval of continuing education programs, college or university courses, or self-study by the board-approved organization.

(1) Pursuant to a Memorandum of Understanding (MOU) with the board, the Texas Physical Therapy Association (TPTA) shall act as the board-approved organization and shall be authorized to evaluate and approve continuing education programs, college or university courses, or self-study for purposes of compliance with mandatory CE requirements as set by the board. This authority shall include authority to give, deny, withdraw and limit approval of programs, college or university courses, or self-study, and to charge and collect fees as set forth in the MOU and in the statute and rules governing the board and the practice of physical therapy in Texas.

(2) To be recognized as qualifying continuing education, a program, college or university course, or self-study must be evaluated and approved by the TPTA. A program may be approved before or after the licensee attends it.

(3) To apply for program approval, the licensee or program sponsor must submit a fee as approved by the board with the CE approval application and any additional documentation as specified in §341.3 to the TPTA. Interested parties may contact the TPTA in Austin, Texas, 512/477-1818, www.tpta.org. College or university courses are exempt from fees.

(4) A program may be provided more than one time and at different locations within one year from the date that it is first offered without payment of additional fees.

(5) Sponsors of approved programs may use the following statement in publicity: "This course has been approved by the Texas Board of Physical Therapy Examiners as meeting continuing education requirements for physical therapists and physical therapist assistants."

(6) Interested parties may contact the TPTA to inquire if a particular program is approved. A list of approved programs is available on the TPTA web site.

(7) Pursuant to the MOU, the TPTA shall provide quarterly reports to the board of its activities. Additionally, the TPTA shall report to the board the results of periodic quality assurance follow-up or review of a representative sample of approved continuing education programs. In the event of sponsor noncompliance, results will be reported to the board in writing for further investigation and direction.

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 28, 2005.

TRD-200500418

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: February 17, 2005

Proposal publication date: November 26, 2004

For further information, please call: (512) 305-6900