Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 101.
DENTAL LICENSURE
22 TAC §101.6
The Texas State Board of Dental Examiners (Board) adopts
new §101.6, relating to the issuance of emergency provisional licenses
to dentists currently licensed in Louisiana or Mississippi who have been displaced
by Hurricane Katrina and require a license to provide dental services in Texas.
The section is adopted without changes to the proposed text as published in
the November 18, 2005, issue of the
Texas Register
(30 TexReg 7673).
The Board previously adopted an emergency rule designated as §101.6,
pursuant to Texas Government Code §2001.034, and the September 1, 2005
proclamation by Governor Perry certifying that Hurricane Katrina had created
an emergency disaster and emergency conditions for people in Texas.
The Board finds that a large number of dentists currently licensed in Louisiana
or Mississippi have been forced to evacuate their homes and practices in those
states, and are now in the State of Texas, where they must possess a license
to practice their profession, either on an emergency basis to aid evacuees,
or to continue to provide for themselves and their families.
The Board currently has no applicable rule allowing for a provisional license.
The statutory authority to grant such licensure is currently limited to Occupations
Code §256.1013, which allows for a provisional license to be granted
to an applicant for licensure by credentials.
This rule allows the Board to issue an emergency provisional license to
a dentist licensed in good standing in Louisiana or Mississippi, who holds
appropriate credentials, and who submits a complete application package to
the Board.
The section specifies that it shall become effective after fulfillment
of all Texas Register requirements and upon the expiration of the emergency
rule, §101.6, entitled "Emergency Provisional Licensure For Dentists
Displaced By Hurricane Katrina," which became effective September 12, 2005.
It further specifies that the provisions of the section shall expire on August
1, 2006.
No comments were received regarding adoption of the new section.
The new section 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 new section affects Title 3, Subtitle D of the Occupations Code and
Title 22, Texas Administrative Code, Chapters 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 February 3, 2006.
TRD-200600593
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Effective date: March 11, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-0972
22 TAC §101.7
The Texas State Board of Dental Examiners (Board) adopts
new §101.7, concerning retired status for licenses. The section is adopted
without changes to the proposed text as published in the November 18, 2005,
issue of the
Texas Register
(30 TexReg 7675).
The section is adopted to enact certain requirements imposed by Senate
Bill 610, §3, 79th Legislature, as well as to define in rule form the
process for placing a license on retired status. The section also relocates
language from §108.10, which discusses the reinstatement of retired a
license.
Subsection (a) of the adopted rule discusses the application process.
Subsection (b) relocates, restructures, and makes minor corrections to
the language of §108.10.
Subsection (c) discusses a dentist's ability to practice in volunteer charity
care with a license in retired status, as provided for by Senate Bill 610.
It defines the prerequisites and limitations for providing services under
the subsection.
No comments were received regarding adoption of the new section.
The new section 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 new section affects Title 3, Subtitle D of the Occupations Code and
Title 22, Texas Administrative Code, Chapters 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 February 3, 2006.
TRD-200600595
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Effective date: February 23, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-0972
22 TAC §103.6
The Texas State Board of Dental Examiners (Board) adopts
new §103.6, relating to the issuance of emergency provisional licenses
to dental hygienists currently licensed in Louisiana or Mississippi who have
been displaced by Hurricane Katrina and require a license to provide dental
services in Texas.
The section is adopted without changes to the proposed text published in
the November 18, 2005, issue of the
Texas Register
(30 TexReg 7676).
No comments were received regarding adoption of the amendment.
The Board previously adopted an emergency rule designated as §103.6,
pursuant to Texas Government Code §2001.034, and the September 1, 2005
proclamation by Governor Perry certifying that Hurricane Katrina had created
an emergency disaster and emergency conditions for people in Texas.
The Board finds that a large number of dental hygienists currently licensed
in Louisiana or Mississippi have been forced to evacuate their homes and practices
in those states, and are now in the State of Texas, where they must possess
a license to practice their profession, either on an emergency basis to aid
evacuees, or to continue to provide for themselves and their families.
The Board currently has no applicable rule allowing for a provisional license.
The statutory authority to grant such licensure is currently limited to Occupations
Code §256.1013, which allows for a provisional license to be granted
to an applicant for licensure by credentials.
This rule allows the Board to issue an emergency provisional license to
a dental hygienists licensed in good standing in Louisiana or Mississippi,
who holds appropriate credentials, and who submits a complete application
package to the Board.
The section specifies that it shall become effective after fulfillment
of all Texas Register requirements and upon the expiration of the emergency
rule, §103.6, entitled "Emergency Provisional Licensure for Dental Hygienists
Displaced by Hurricane Katrina," which became effective September 12, 2005.
It further specifies that the provisions of the section shall expire on August
1, 2006.
The section 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 adopted section 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 February 3, 2006.
TRD-200600594
Dr. Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Effective date: February 23, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-0972
22 TAC §103.7
The Texas State Board of Dental Examiners (Board) adopts
new §103.7, concerning retired status for dental hygiene licenses. The
amendments are adopted to define in rule form the process for placing a license
on retired status. The section also relocates language from §108.10,
which discusses the reinstatement of a retired license.
The section is adopted without changes to the proposed text published in
the November 18, 2005, issue of the
Texas Register
(30 TexReg 7678).
No comments were received regarding adoption of the amendment.
Subsection (a) of the adopted rule discusses the application process.
Subsection (b) relocates, restructures, and makes minor corrections to
the language of §108.10.
The section 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 adopted section 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 February 3, 2006.
TRD-200600596
Dr. Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Effective date: February 23, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-0972
22 TAC §104.2
The Texas State Board of Dental Examiners (Board) adopts
amendments to §104.2, concerning continuing education providers. The
amendments are adopted to add three providers previously approved by the board
to the list: the Dental Laboratory Association of Texas; the Dental Assisting
National Board; and the American Dental Assistants Association and its constituent
organizations.
The section is adopted without changes to the proposed text published in
the November 18, 2005, issue of the
Texas Register
(30 TexReg 7678).
No comments were received regarding adoption of the amendment.
There are no other substantive changes to the section.
The section 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 adopted section 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 February 3, 2006.
TRD-200600598
Dr. Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Effective date: February 23, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-0972
Subchapter A. PROFESSIONAL RESPONSIBILITY
Chapter 103.
DENTAL HYGIENE LICENSURE
Chapter 104.
CONTINUING EDUCATION
Chapter 108.
PROFESSIONAL CONDUCT