TITLE 22. EXAMINING BOARDS

PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 100. GENERAL PROVISIONS

22 TAC §100.12

The State Board of Dental Examiners (Board) adopts the repeal of §100.12, concerning the Advisory Committee on Dental Anesthesia without changes to the proposed text as published in the August 11, 2017, issue of the Texas Register (42 TexReg 3951). The repeal removes references to the Blue Ribbon Panel on Dental Sedation/Anesthesia Safety, which is no longer active.

Kelly Parker, Executive Director, has determined that for the first five-year period the repeal, there will not be any fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Parker has also determined that for the first five-year period the repeal is in effect, the public benefit anticipated as a result of repealing the rule will be compliance with the Dental Practice Act. Ms. Parker has determined that for the first five-year period the repeal is in effect, costs to persons or small businesses will be minimal. There is no foreseeable impact on employment in any regional area where the rules are enforced or administered.

No comments were received regarding this repeal.

The repeal 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.

No statutes are affected by this adoption.

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 September 29, 2017.

TRD-201703937

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: October 19, 2017

Proposal publication date: August 11, 2017

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


22 TAC §100.12

The State Board of Dental Examiners (Board) adopts new §100.12, concerning the Advisory Committee on Dental Anesthesia without changes to the proposed text as published in the August 11, 2017, issue of the Texas Register (42 TexReg 3951). The new rule establishes the Advisory Committee on Dental Anesthesia and specifies its duties and the appointment of its members.

Kelly Parker, Executive Director, has determined that for the first five-year period the adopted rule is in effect there will not be any fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Parker has also determined that for the first five-year period the new rule is in effect the public benefit anticipated as a result of establishing the committee will be to increase our understanding of anesthesia related incidents in dentistry and to comply with SB313. Ms. Parker has determined that for the first five-year period the adopted rule is in effect, costs to persons or small businesses will be minimal. There is no foreseeable impact on employment in any regional area where the rules are enforced or administered.

The Board received the following comments from the Texas Dental Association and the Texas Academy of General Dentistry:

Both comments requested that the term "incident" be better defined. The Board's response is that the term "incident" is already sufficiently defined as: "An incident shall be considered anesthesia-related if the dental treatment involved the administration of anesthetic or sedative agent in a dental office, including local anesthesia, and the Dental Review Panel identified a complication associated with the administration of the anesthetic or sedative agent."

Both comments requested that the appointees terms be staggered in accordance with Tex. Occ. Code §258.204(1). The Board's response is to propose an amendment to the rule providing for staggered terms.

TDA requested that the acronym "ASA" be defined. The Board's response is that a definition is unnecessary because the acronym is universally understood by all of the relevant parties involved in the Anesthesia Advisory Committee.

TAGD requested that the rule language mirror the statutory language as close as possible as it relates to the "balanced representation" requirement of the law, specifically that the Board should not have a requirement that each anesthesia permit level be represented on the Committee. The Board's response is that the legislature required "balanced representation…to ensure the committee has expertise with respect to each permit category." The legislature left it up to the Board to determine how to reach a balanced representation. The Board established balanced representation with a rule that requires all permit levels be represented at all times, rather than have to address the issue of "balanced representation" every time an appointment comes up. This simplifies the appointment process and ensures the committee has expertise with respect to each permit category.

The new rule 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.

No statutes are affected by this adoption.

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 September 29, 2017.

TRD-201703939

Kelly Parker

Executive Director

State Board of Dental Examiners

Effective date: October 19, 2017

Proposal publication date: August 11, 2017

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