Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 114.
EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS
22 TAC §§114.20 - 114.23
The Texas State Board of Dental Examiners (Board) adopts
new §§114.20 - 114.23, regarding radiologic credentialing for dental
assistants, to be added to 22 TAC Chapter 114. Specifically, these sections
cover radiologic credentialing of dental assistants, requirements for dental
assistant registration courses and examinations, dental assistant course objectives
and dental assistant examination integrity. Section 114.20 is adopted with
changes to the proposed text as published in the February 17, 2006, issue
of the
Texas Register
(31 TexReg 958). Sections
114.21 - 114.23 are adopted without changes, and these sections will not be
republished. These sections enact certain requirements imposed by Senate Bill
610, §9, 79th Legislature, which requires that dental assistants who
perform radiologic procedures be certified by the Board. The language adopted
is consistent with the revised statutory language, similar Board rules regarding
registration, and the recommendations of the Dental Assistant Advisory Committee,
which consisted of dentists, dental assistants, dental hygienists, and educators.
New §114.20 addresses the general requirements and process for the
certification of dental assistants who perform radiologic procedures.
New §114.21 addresses the minimum requirements for entities wishing
to offer a course or examination to fulfill the requirements for dental assistant
registration.
New §114.22 addresses the minimum requirements for dental assistant
course objectives.
New §114.23 addresses the minimum requirements for maintaining dental
assistant examination integrity.
The SBDE received comments regarding the new rules from the Texas Dental
Association (TDA) and the Texas Dental Hygiene Association (TDHA). A summary
of the comments and the Board's responses are set out below.
The TDA commented that §114.20(d)(3) may need additional language
to clarify the meaning of the rule. Staff clarified §114.20(d)(3) by
adding additional language to ensure consistency with Senate Bill 610 and
to clarify dental assistant registration renewal requirements. The Board adopted §114.20
with this additional language.
The TDHA commented that §114.20(h) should be changed to replace the
word "may" with the word "shall" in the second sentence to ensure that dental
assistants are required to display their annual registrations in each office
where they practice in the same manner as dentists and dental hygienists.
Staff changed §114.20(h) by replacing the word "may" with the word "shall"
in the second sentence as suggested. The Board adopted §114.20 with this
change.
The TDHA also commented that under §114.20(d)(2)(C)(ii) there should
be similar limits on the number of self-study CE course hours accepted for
dental assistants as there is for dentists and dental hygienists, that the
words "and the Dental Assistant Advisory Committee" should be struck from §114.21(c)(1)
and (2), (d)(1) and §114.22, and that the SBDE should amend the course
objectives mentioned in the proposed rule under §114.22(1) and (2) to
include a practicum in order to establish a minimum standard of both clinical
and didactic competency among dental hygienists. Staff appreciates these comments
from the TDHA; however, no changes were made to the rules in response to these
comments. Staff believes that the CE course hour requirements, the inclusion
of the phrase "and the Dental Assistant Advisory Committee" and the course
objectives as laid out in the rules, are consistent with the intent of Senate
Bill 610.
The new sections are adopted under Texas Government Code §2001.021
et seq., and Texas 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 610, §9, 79th Legislature, which requires
the Board to establish rules for the certification of dental assistants who
position or expose radiographs.
The new sections affect Title 3, Subtitle D of the Occupations Code and
Title 22, Texas Administrative Code, Chapters 101 - 125.
§114.20.Radiologic Credential.
(a)
Beginning September 1, 2006, a dental assistant may not
position or expose dental x-rays unless the dental assistant holds a certificate
of registration issued by the State Board of Dental Examiners under either
this section or §114.2 of this chapter, except that:
(1)
any dental assistant certified under former §115.10
(now recodified as §114.10 of this chapter) prior to September 1, 2004,
and who has not been registered under §114.2 of this chapter prior to
September 1, 2006, shall not be required to register under this §114.20
until September 1, 2007, and shall continue to be governed by §114.10
until September 1, 2007; and,
(2)
any dental assistant certified under §114.2 of this
chapter prior to September 1, 2006 shall not be required to reapply under §114.20,
but shall be considered duly registered pursuant to the requirements of this
section.
(b)
To be eligible for a certificate of registration as a dental
assistant under this section, an applicant must present on or accompanying
an application form approved by the State Board of Dental Examiners proof
satisfactory to the Board that the applicant has:
(1)
Paid all application, examination and licensing fees required
by law and Board rules and regulations;
(2)
Successfully completed a current course in basic life support;
and,
(3)
Either:
(A)
taken and passed a course and examination as required by §114.21
of this chapter; or,
(B)
if the applicant is currently certified as a dental assistant
by the Dental Assisting National Board, completed a course and passed an examination
covering jurisprudence, as defined in §114.21 of this chapter.
(c)
The State Board of Dental Examiners has established a staggered
dental assistant registration system comprised of initial registration periods
followed by annual registrations (i.e., renewals). The initial, staggered
registration periods will range from 6 months to 17 months. Each dental assistant
for whom an initial certificate of registration is issued will be assigned
a computer-generated check digit. The length of the initial registration period
will be according to the assigned check digit as follows:
(1)
a dental assistant assigned to check digit 1 will be registered
for 6 months;
(2)
a dental assistant assigned to check digit 2 will be registered
for 7 months;
(3)
a dental assistant assigned to check digit 3 will be registered
for 8 months;
(4)
a dental assistant assigned to check digit 4 will be registered
for 9 months;
(5)
a dental assistant assigned to check digit 5 will be registered
for 11 months;
(6)
a dental assistant assigned to check digit 6 will be registered
for 12 months;
(7)
a dental assistant assigned to check digit 7 will be registered
for 13 months;
(8)
a dental assistant assigned to check digit 8 will be registered
for 14 months;
(9)
a dental assistant assigned to check digit 9 will be registered
for 15 months; and
(10)
a dental assistant assigned to check digit 10 will be
registered for 17 months.
(11)
Initial dental assistant registration fees will be prorated
according to the number of months in the initial registration period.
(d)
Subsequent to the initial registration period, a registered
dental assistant's annual renewal will occur on the first day of the month
that follows the last month of the dental assistant initial registration period.
(1)
Approximately 60 days prior to the expiration date of the
initial dental assistant registration period, renewal notices will be mailed
to all registered dental assistants who have that expiration date.
(2)
A dental assistant registered under this section who wishes
to renew his or her registration must:
(A)
Pay a renewal fee set by Board rule;
(B)
Submit proof that the applicant has successfully completed
a current course in basic life support; and,
(C)
Provide proof of completion of at least six (6) hours of
continuing education in the previous registration year.
(i)
The continuing education curriculum must cover dental assistant
duties.
(ii)
The continuing education requirement may be met through
self-study, interactive computer courses, or lecture courses as offered or
endorsed by continuing education providers listed in §104.2 of this title.
(3)
A registration that has been expired for more than one
year will be canceled and may not be renewed. An applicant whose registration
has been canceled must submit a new application under the terms of subsection
(b) of this section. An applicant who submits an application for a certificate
of registration is not required to retake the course and examination required
by subsection (b)(3)(A) of this section if the course and examination was
successfully completed within two years prior to the date of application.
(e)
Applications for registration or for renewal of registration
must be submitted to the office of the State Board of Dental Examiners.
(f)
An application for registration is filed with the State
Board of Dental Examiners when it is actually received, date stamped, and
logged in by the State Board of Dental Examiners along with all required documentation
and feels. An incomplete application and fee will be returned to the applicant
within three working days with an explanation of additional documentation
or information needed.
(g)
Dental assistants registered under this section must maintain
a current mailing address on record with the SBDE.
(h)
A dental assistant shall display a current registration
certification in each office where the dental assistant provides services
for which registration is required by this chapter. When a dental assistant
provides such services at more than one location, a duplicate registration
certificate issued by the Board shall be displayed. Photocopies are not acceptable.
The duplicate may be obtained from the State Board of Dental Examiners for
a fee set by the Board.
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 May 9, 2006.
TRD-200602575
Jim Zukowski, Ed.D.
Executive Director
State Board of Dental Examiners
Effective date: May 29, 2006
Proposal publication date: February 17, 2006
For further information, please call: (512) 475-0972
Chapter 157.
RULES RELATING TO PRACTICE AND PROCEDURE
Subchapter A. GENERAL PROVISIONS
Part 8.
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD