Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARDS Part V. Texas State Board of Dental Examiners Chapter 109. Conduct Infection Control 22 TAC sec.109.222 The Texas State Board of Dental Examiners adopts on an emergency basis an amendment to sec.109.222(i), concerning infection control. The Board finds that there is an imminent peril to the public health safety or welfare due to the threat of infection, especially of hepatitis A, B and C, tuberculosis and HIV, being passed from infected dental laboratory workers to dental health care workers and dental patients through the dental prostheses manufactured, repaired, or handled in unsanitary conditions or by infectious laboratory workers. Currently, dental laboratories are subject to regulations have largely minimized this threat to the public. The imminent effect of the North American Free Trade Agreement (NAFTA) will result in commerce with many dental laboratories not subject to OSHA regulation and not in compliance with such regulation. Further, Mexico has a much higher rate of infection for Hepatitis A, B, and C and tuberculosis than does the State of Texas. Transmission of dental prostheses in an manner not in compliance with OSHA regulations which have been manufactured, repaired, or handled under conditions not in compliance with OSHA guidelines represents a significant risk of infection to dental health care workers and their patients. Under the terms of NAFTA, failure to enact regulation by January 1, 1994, may preclude new regulations on this subject. The Board was unaware of and did not anticipate such a regulatory deadline applicable to State licensing and regulatory agencies, nor is the Board aware of any reason it should have aware of such an aspect of the NAFTA. The Board was made aware of this deadline at its meeting on November 20, 1993. In order to reduce this threat and to ensure the existence of regulatory measures to reduce this threat it was necessary for the Board to adopt an emergency rule. The amendment is adopted on an emergency basis under the Texas Government Code, sec.2001.034; Texas Civil Statutes, Article 4551d(c), and Article 4551f, which the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties; and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. sec.109.222. Required Sterilization and Disinfection. (a)-(h) (No change.) (i) When it is necessary to return items (including, but not limited to, impressions, bites, working casts, prosthetic appliances or devices) to a dental office from a dental laboratory which item has been fabricated or repaired, those items that have been potentially contaminated shall be rendered non- biohazardous. Before return to the dentist by the dental laboratory or technician, the item must be rendered non-biohazardous according to established OSHA guidelines. Issued in Austin, Texas, on November 23, 1993. TRD-9332594 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Effective date: November 23, 1993 Expiration date: March 23, 1994 For further information, please call: (512) 463-6400