TITLE 22. EXAMINING BOARDS

PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 100. GENERAL PROVISIONS

22 TAC §100.3

The State Board of Dental Examiners (Board) adopts an amendment to rule §100.3, concerning the Board's Organization and Structure, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5625). The rule establishes the membership of the Board in accordance with the changes implemented by SB313.

No comments were received regarding adoption of the amendment.

This amendment is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 18, 2018.

TRD-201800184

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: February 7, 2018

Proposal publication date: October 13, 2017

For further information, please call: (512) 475-0977


22 TAC §100.9

The State Board of Dental Examiners (Board) adopts an amendment to rule §100.9, concerning the Board's Advisory Committees and Workgroups, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5626). The rule establishes the Board's Anesthesia Advisory Committee in accordance with the changes implemented by SB313.

No comments were received regarding adoption of the amendment.

This amendment is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 18, 2018.

TRD-201800185

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: February 7, 2018

Proposal publication date: October 13, 2017

For further information, please call: (512) 475-0977


22 TAC §100.12

The State Board of Dental Examiners (Board) adopts an amendment to rule §100.12, concerning the Board's Advisory Committee on Dental Anesthesia, without changes to the proposed text as published in the October 13, 2017 issue of the Texas Register (42 TexReg 5600). The rule establishes the membership of the Advisory Committee in accordance with SB313, specifically the requirement that Advisory Committee member terms be staggered.

No comments were received regarding adoption of the amendment.

This amendment is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 18, 2018.

TRD-201800186

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: February 7, 2018

Proposal publication date: November 3, 2017

For further information, please call: (512) 475-0977


CHAPTER 104. CONTINUING EDUCATION

22 TAC §104.1

The State Board of Dental Examiners (Board) adopts an amendment to rule §104.1, concerning continuing education requirements, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5627). The rule allows CRDTS examiners to use time spent calibrating exam grading towards their CE requirement. Previously, the rule only allowed the same of WREB examiners.

No comments were received regarding adoption of the amendment.

This amendment is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 18, 2018.

TRD-201800187

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: February 7, 2018

Proposal publication date: October 13, 2017

For further information, please call: (512) 475-0977


CHAPTER 107. DENTAL BOARD PROCEDURES

SUBCHAPTER B. COMPLAINTS AND INVESTIGATIONS

22 TAC §107.104

The State Board of Dental Examiners (Board) adopts an amendment to rule §107.104, concerning the Board's Investigation of a Complaint, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5628). The rule clarifies the language staff uses in referring to certain complaints and investigations.

No comments were received regarding adoption of the amendment.

This amendment is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 18, 2018.

TRD-201800189

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: February 7, 2018

Proposal publication date: October 13, 2017

For further information, please call: (512) 475-0977


CHAPTER 110. SEDATION AND ANESTHESIA

22 TAC §110.7

The State Board of Dental Examiners (Board) adopts an amendment to rule §110.7, concerning Portability, with changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5629). The rule eliminates the need for a portability permit and requires portable dentists to attest to practicing portable anesthesia on their applications, in accordance with SB313.

The proposed rule included a requirement that a portable dentist list which offices they would be administering anesthesia services at. The Board received dozens of comments in opposition to that provision and over 25 requests for a public hearing. Rather than hold a public hearing on the matter, the Board has dropped that requirement. The Board is adopting the rule as modified, without resubmission, because the final rule does not materially alter the issues raised in the proposed rule. The proposed rule fairly apprised affected parties of the pertinent issues and allowed them to comment and participate in the rulemaking process in a meaningful and informed manner. The Board received no objections about the provisions in this adoption - all objections were related to the requirement that has been removed. The rule being adopted mirrors the requirements of Texas Dental Practice Act §258.1553, which was added by SB313.

This amendment is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

§110.7.Portability.

(a) A dentist who applies for the issuance or renewal of a sedation/anesthesia permit must include in the application a statement indicating whether the dentist provides or will provide a permitted sedation/anesthesia service in more than one location.

(b) A dentist providing sedation/anesthesia services in more than one location remains responsible for providing these services in strict compliance with all applicable laws and rules. The dentist shall ascertain that the location is supplied, equipped, staffed, and maintained in a condition to support provision of sedation/anesthesia services that meet the standard of care.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 18, 2018.

TRD-201800188

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: February 7, 2018

Proposal publication date: October 13, 2017

For further information, please call: (512) 475-0977


PART 9. TEXAS MEDICAL BOARD

CHAPTER 160. MEDICAL PHYSICISTS

22 TAC §160.10

The Texas Medical Board ("Board") adopts amendments to §160.10, concerning Temporary Licensure without changes to the proposed text as published in the November 3, 2017, issue of the Texas Register (42 TexReg 6111) and will not be republished.

The Board received extensive input from the Medical Physicist Licensure Advisory Committee, which met on September 15, 2017. The comments and input from the Medical Physicist Licensure Advisory Committee were incorporated into the proposed rules as published in the November 3, 2017, issue of the Texas Register (42 TexReg 6111). The Board did not seek stakeholder input outside of the Medical Physicist Licensure Advisory Committee.

The amendment to §160.10 amends the rule by eliminating the term "training license" and substituting the term "temporary license" to be consistent with language in the Medical Physicist Act. The amendment increases the number of additional temporary licenses which an applicant may be granted, from four to 12, with the proviso that after the seventh renewal the Board shall perform an evaluation to determine if an applicant is making progress in a medical physicist training program. The amendment also eliminates the term "renewal," because that term was inaccurate as temporary licenses are not renewed, but rather each temporary license requires a new application. The amendment further adds language authorizing the executive director, at the executive director's discretion, to approve a supervisor of temporary licensees to supervise more than two temporary licensees. Finally, the amendment adds language allowing a supervisor at a CAMPEP approved medical physics training program to supervise more than two temporary licensees without requesting executive director approval.

The Board received five written comments on the proposed changes to §160.10 from 4 individuals and the American Association of Physicists in Medicine (AAPM) and its Southwest Regional Chapter (SWAAPM), but no one appeared to testify at the public hearing held on December 8, 2017.

Comment No. 1: Commenter states that the language in §160.10(c) stating that a temporary licensee may apply for up to 12 temporary licenses was confusing in that it was not clear whether this provides for 12 or 13 total temporary licenses and whether such limitation applied to each specialty. This commenter supported increasing the number of temporary licensee that may be supervised by a supervisor from two, but stated that there should be a limit placed on the number of supervisees at CAMPEP approved programs.

Board Response: The Board clarifies that the changes, as proposed, allows for a licensee to potentially hold a total of 13 temporary licenses, since the language of subsection (d) applies to "the holder of a temporary license," who must have applied for and received at least one license. The Board disagrees with this commenter's remaining suggested changes, as the Medical Physicist Advisory committee maintains that CAMPEP approved programs do not pose an issue that requires such limitation.

Comment No. 2: This commenter argues that the proposed change allowing 13 temporary licenses would be potentially harmful to patients. This commenter also argues that an evaluation point for further temporary licenses should be placed at four years rather than six years.

Board Response: The Board disagrees with this commenter. The Board maintains that the increase in the number of temporary licenses renewals from four to 12, provides greater flexibility to medical physicists who wish to be certified in more than one medical physics specialty. Furthermore, the hard cap of four renewals does not offer adequate time for licensed medical physicists wishing to be certified in multiple areas of medical physics. The Board also disagrees with the commenter's argument that the evaluation point should be placed at four rather than six year. Accordingly, the Board declines to make further amendments to the rule as the Board maintains that and the six-year mark for evaluation is a reasonable point in time to evaluate an applicant's progress.

Comment No. 3 was from the American Association of Physicists in Medicine (AAPM) and its Southwest Regional Chapter (SWAAPM). The AAPM and SWAAPM comments that the temporary license structure, as proposed, provides too long a period for an unqualified individual to engage in the practice of medical physics without any demonstration of progress toward certification and/or Qualified Medical Physicist status. The AAPM and SWAAPM further express a concern with the ability of residents and other trainees to maintain a license during the period of his or her training program. Finally, the AAPM and SWAAPM suggest separating temporary training licenses into two specific licenses: Training Category licenses and Temporary licenses. AAPM and SWAAPM further suggest that training category licenses should be: limited to individuals enrolled in CAMPEP accredited residency program, be issued for a two to three-year duration, and require annual attestation by the licensee and program director confirming enrollment in the training program. In terms of the temporary license status AAPM and SWAAPM offer detailed recommendations including annual attestation of eligibility and progress toward certification.

Board Response: The Board disagrees with AAPM and SWAAPM comments and suggested changes. Specifically, the Board maintains that raising the number of temporary licenses to 12 is not intended to allow candidates who are not able to pass the attempt specialty examinations to have multiple attempts, but rather to allow medical physicists to be licensed in more than one medical physics specialty. The additional suggested changes to the rule are not currently authorized by the medical physicist statute. Accordingly, the Board declines to make further changes to the rule.

Comment No. 4: This commenter objects to the number of renewals for a temporary license set out in the rule as also stated by other commenters.

Board Response: See Board Response to Comment No. 2.

Comment No. 5: This commenter also joins other commenters and asserts that a medical physicist should be able to pass the examination on the first try.

Board Response: See Board Response to Comment No. 2.

The amendment is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure. The amendment is also adopted under the authority of §602.151 and §602.205 of the Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 22, 2018.

TRD-201800219

Scott Freshour

Interim Executive Director

Texas Medical Board

Effective date: February 11, 2018

Proposal publication date: November 3, 2017

For further information, please call: (512) 305-7016