TITLE 22. EXAMINING BOARDS

PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 110. SEDATION AND ANESTHESIA

22 TAC §110.8

The State Board of Dental Examiners (Board) adopts repeal of rule §110.8, concerning Provisional Anesthesia and Portability Permits, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5630). The rule is being repealed to comply with SB 313's elimination of portability permits.

The Board received supportive comments from the Texas Academy of General Dentistry.

This rule is being repealed under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws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 February 26, 2018.

TRD-201800823

Tyler Vance

Interim Executive Director

State Board of Dental Examiners

Effective date: March 18, 2018

Proposal publication date: October 13, 2017

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


CHAPTER 111. STATE BOARD OF DENTAL EXAMINERS

22 TAC §111.3

The State Board of Dental Examiners (Board) adopts an amendment to rule §111.3, concerning Prescription Monitoring by the Dentist, with a modification to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5633). The rule requires that dentists look at a patient's PMP report prior to prescribing or dispensing certain drugs. This rule is being adopted to comply with HB 2561. The rule has been modified from the proposed version to clarify that the law and the rule does not go into effect until September 1, 2019. This modification is being adopted without re-proposal because it does not expand the scope of affected parties and provides clarification, rather than additional requirements.

The Board received supportive comments from the Texas Dental Association and the Texas Academy of General Dentistry.

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.

§111.3Prescription Monitoring by the Dentist.

(a) Prior to prescribing or dispensing opioids, benzodiazepines, barbiturates, or carisoprodol, a dentist shall access the patient's prescription drug history report through the Texas State Board of Pharmacy's Prescription Monitoring Program (PMP) Clearinghouse. Failure to do so is grounds for disciplinary action.

(b) The act described above in subsection (a) of this section may be performed by an employee or other agent of the dentist acting at the direction of the dentist so long as that employee or agent acts in compliance with HIPAA and the employee or agent only accesses information related to a particular patient of the dentist. The dentist is responsible for any unauthorized access by an employee or other agent.

(c) Exceptions: the act described above in subsection (a) of this section is not necessary if the patient has been diagnosed with cancer or is receiving hospice care and that status is clearly noted in the patient's record.

(d) It is not violation if the dentist makes a good faith attempt to comply with subsection (a) of this section but is unable to because circumstances outside the dentist's control and those circumstances are clearly noted in the patient's record.

(e) This rule is effective on September 1, 2019, in accordance with H.B. 2561 of the 85th Texas Legislature.

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 February 26, 2018.

TRD-201800821

Tyler Vance

Interim Executive Director

State Board of Dental Examiners

Effective date: March 18, 2018

Proposal publication date: October 13, 2017

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


22 TAC §111.4

The State Board of Dental Examiners (Board) adopts new rule §111.4, concerning Prescription Monitoring by the Board, with changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5633). The rule requires that the Board randomly search dentists' PMP report to look for prescription abuse. This rule is being adopted to comply with H.B. 2561. The rule has been modified from the proposed version to clarify that the law and the rule does not go into effect until September 1, 2019. This modification is being adopted without re-proposal because it does not expand the scope of affected parties and provides clarification, rather than additional requirements.

The Board received supportive comments from the Texas Dental Association and the Texas Academy of General Dentistry.

This 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.

§111.4Prescription Monitoring by the Board.

(a) The Board shall promulgate specific guidelines for dentists for the responsible prescribing of opioids, benzodiazepines, barbiturates, or carisoprodol.

(b) The Board shall periodically access a dentist's prescription information through the Prescription Monitoring Program to determine whether they are engaging in potentially harmful prescribing patterns or practices. This determination will be based on:

(1) the number of times a dentist prescribes opioids, benzodiazepines, barbiturates, or carisoprodol; and

(2) patterns of prescribing combinations of those drugs and other dangerous combinations identified by the Texas State Board of Pharmacy.

(c) The Board shall notify a dentist if the agency discovers that the dentist may be engaging in potentially harmful prescribing patterns or practices.

(d) The Board may open a complaint against a dentist if the agency finds evidence during a periodic check that the dentist is engaging in conduct that violates any laws or rules related to the practice of dentistry.

(e) This rule is effective on September 1, 2019, in accordance with H.B. 2561 of the 85th Texas Legislature.

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 February 26, 2018.

TRD-201800822

Tyler Vance

Interim Executive Director

State Board of Dental Examiners

Effective date: March 18, 2018

Proposal publication date: October 13, 2017

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


CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS

22 TAC §114.1

The State Board of Dental Examiners (Board) adopts an amendment to rule §114.1, concerning Permitted Duties, with changes to correct grammatical errors to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5634). The rule establishes that dentists are responsible for verifying that an RDA has sufficient additional training prior to delegating them the tasks of pit and fissure sealing or coronal polishing.

The Board received supportive comments from the Texas Academy of General Dentistry and the Texas Dental Hygienists Association.

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.

§114.1.Permitted Duties.

(a) A dentist may delegate to a dental assistant the authority to perform only acts or procedures that are reversible. An act or procedure that is reversible is capable of being reversed or corrected.

(b) A dentist may not delegate or otherwise authorize a dental assistant to perform any task for which a certificate or additional training is required under this section, unless the dental assistant holds the required certificate or has obtained the additional training.

(c) A dental assistant may perform tasks under a dentist's general or direct supervision. For the purposes of this section:

(1) "General supervision" means that the dentist employs or is in charge of the dental assistant and is responsible for supervising the services to be performed by the dental assistant. The dentist may or may not be present on the premises when the dental assistant performs the procedures.

(2) "Direct supervision" means that the dentist employs or is in charge of the dental assistant and is physically present in the office when the task is performed. Physical presence does not require that the supervising dentist be in the treatment room when the dental assistant performs the service as long as the dentist is in the dental office.

(d) The dentist shall remain responsible for any delegated act.

(e) The clinical tasks that a dental assistant can perform under general supervision are limited to:

(1) the making of dental x-rays in compliance with the Occupations Code, §265.005; and

(2) the provision of interim treatment of a minor emergency dental condition to an existing patient of the treating dentist in accordance with the Occupations Code, §265.003(a-1). For purposes of this paragraph only, "existing patient" means a patient that the supervising dentist has examined in the twelve (12) months prior to the interim treatment. A treating dentist who delegates the provision of interim treatment of a minor emergency condition to a dental assistant shall schedule a follow-up appointment with the patient within 30 days. It is not a violation if the dentist makes a good faith attempt to schedule a follow-up appointment with the patient within 30 days but is unable to because of circumstances outside the dentist's control and those circumstances are clearly noted in the patient's record.

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 February 26, 2018.

TRD-201800818

Tyler Vance

Interim Executive Director

State Board of Dental Examiners

Effective date: March 18, 2018

Proposal publication date: October 13, 2017

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


22 TAC §114.3

The State Board of Dental Examiners (Board) adopts amendments to rule §114.3, concerning Pit and Fissure Sealant, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5635). The rule eliminates certificates for pit and fissure sealants but maintains all the same training requirements to perform the task.

The Board received supportive comments from the Texas Dental Association, the Texas Academy of General Dentistry, and the Texas Dental Hygienists Association.

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 February 26, 2018.

TRD-201800819

Tyler Vance

Interim Executive Director

State Board of Dental Examiners

Effective date: March 18, 2018

Proposal publication date: October 13, 2017

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


22 TAC §114.5

The State Board of Dental Examiners (Board) adopts an amendment to rule §114.5, concerning Pit and Fissure Sealant, without changes to the proposed text as published in the October 13, 2017 issue of the Texas Register (42 TexReg 5636). The rule eliminates certificates for coronal polishing but maintains all the same training requirements to perform the task.

The Board received supportive comments from the Texas Dental Association, the Texas Academy of General Dentistry, and the Texas Dental Hygienists Association.

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 February 26, 2018.

TRD-201800820

Tyler Vance

Interim Executive Director

State Board of Dental Examiners

Effective date: March 18, 2018

Proposal publication date: October 13, 2017

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


PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS

CHAPTER 131. ORGANIZATION AND ADMINISTRATION

The Texas Board of Professional Engineers (Board) adopts amendments to §131.15, concerning Committees; §131.43,concerning Public Participation; new §131.87, concerning Negotiated Rule Making Procedures; and new §131.113, concerning Mediation and Alternative Dispute Resolution, without changes to the proposed text as published in the December 15, 2017, issue of the Texas Register (42 TexReg 7077) and will not be republished.

The adopted change to §131.15 removes an unrequired restriction on the way Committees of the Board are established.

The adopted change to §131.43 clarifies that public comment at open meetings may be restricted to prevent ex parte communication prohibited under Texas Government Code §2001.061.

The adopted additions of §131.87 and §131.113 put statutory requirements regarding alternative dispute resolution into Board Rules as mandated by Texas Occupations Code §1001.215.

The Board received no comments for or against the proposed rule changes. No changes were made to the rules as proposed.

SUBCHAPTER A. ORGANIZATION OF THE BOARD

22 TAC §131.15

The amendment is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800777

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


SUBCHAPTER C. MEETINGS

22 TAC §131.43

The amendment is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800778

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


SUBCHAPTER F. ADMINISTRATION

22 TAC §131.87

The new rule is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800779

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


SUBCHAPTER H. ALTERNATIVE DISPUTE RESOLUTION

22 TAC §131.113

The new rule is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800780

Lancy Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


CHAPTER 133. LICENSING

SUBCHAPTER B. PROFESSIONAL ENGINEER LICENSES

22 TAC §133.13

The Texas Board of Professional Engineers (Board) adopts amendments to §133.13, concerning Branches of Engineering; §133.21, concerning Application for Standard License; §133.23, concerning Applications from Former Standard License Holders; §133.25, concerning Applications from Engineering Educators; §133.27, concerning Application for Temporary License for Engineers Currently Licensed Outside the United States; §133.43, concerning Experience Evaluation; §133.83, concerning Executive Director Review, Evaluation and Processing of Applications; §133.93, concerning Personal Interviews of Applicants; §133.97, concerning Issuance of License; and §133.99, concerning Processing of Applications with a Criminal Conviction, without changes to the proposed text as published in the December 15, 2017, issue of the Texas Register (42 TexReg 7080) and will not be republished.

The adopted change to §133.13 adds Welding as a recognized discipline of engineering.

The adopted changes to §§133.21, 133.23, 133.25, 133.27 and 133.93 clarify in rule that the Board, the Licensing Committee and staff may ask for additional information or documentation to ensure eligibility of an applicant and make the rules more consistent with current practice.

The adopted change to §133.43 clarifies the ability to claim experience credit for an advanced engineering degree from an accredited program if the applicant has another prior engineering degree and makes it more consistent with current practice.

The adopted change to §133.83 clarifies the expectations for applicants regarding the review and processing of an application and makes it more consistent with current practice.

The adopted change to §133.97 eliminates a reference to a fee that is no longer collected.

The adopted change to §133.99 put into rule the currently used Board-approved policy regarding how the Board and staff will handle and process applications when the applicant has a reportable criminal incident on his or her record.

The Board received several comments regarding the change to §133.13. Commenters generally objected to adding the trade of welding to the Board rules. All comments were responded to individually with an explanation that the Board is adding welding engineering to the rule and not the trade of welding. All commenters accepted the explanation with no additional opposition. No other comments were received for or against the proposed rule changes. No changes were made to the rules as proposed.

The amendment is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800781

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


SUBCHAPTER C. PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS

22 TAC §§133.21, 133.23, 133.25, 133.27

The amendments are adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800782

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


SUBCHAPTER E. EXPERIENCE

22 TAC §133.43

The amendment is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800783

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


SUBCHAPTER H. REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE

22 TAC §§133.83, 133.93, 133.97, 133.99

The amendments are adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800784

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


CHAPTER 137. COMPLIANCE AND PROFESSIONALISM

SUBCHAPTER A. INDIVIDUAL AND ENGINEER COMPLIANCE

22 TAC §§137.7, 137.15, 137.17

The Texas Board of Professional Engineers (Board) adopts amendments to §137.7, concerning License Expiration and Renewal; §137.15, concerning Replacement or New Design Certificates and §137.17, concerning Continuing Education Program, without changes to the proposed text as published in the December 15, 2017, issue of the Texas Register (42 TexReg 7083) and will not be republished.

The adopted change to §137.7 clarifies that only an International Temporary license issued by the Board is covered by this rule.

The adopted change to §137.15 removed the reference to a fee that is no longer collected by the Board.

The adopted change to §137.17 clarifies the continuing education exemption and credit that may be claimed by licensees for passing the Principles and Practice of Engineering exam.

The Board received no comments for or against the proposed rule changes. No changes were made to the rules as proposed.

The amendments are adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800785

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


SUBCHAPTER C. PROFESSIONAL CONDUCT AND ETHICS

22 TAC §137.57, §137.63

The Texas Board of Professional Engineers (Board) adopts amendments to §137.57, concerning Engineers Shall Be Objective and Truthful; and §137.63, concerning Engineers' Responsibility to the Profession, without changes to the proposed text as published in the December 15, 2017, issue of the Texas Register (42 TexReg 7084) and will not be republished.

The adopted change to §137.57 clarified the rule to reemphasize that an engineer must be objective and truthful in the practice of engineering. The changes also clarified the wording regarding expected actions when the potential for a conflict of interest exists.

The adopted change to §137.63 clarifies that engineers are expected to be honest and ethical in the practice of engineering, which is more consistent with statutory limits and current practices.

The Board received no comments for or against the proposed rule changes. No changes were made to the rules as proposed.

The amendments are adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800786

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


CHAPTER 139. ENFORCEMENT

The Texas Board of Professional Engineers (Board) adopts amendments to §139.19, concerning Final Resolution of Complaint; and §139.35, concerning Sanctions and Penalties, without changes to the proposed text as published in the December 15, 2017, issue of the Texas Register (42 TexReg 7085) and will not be republished.

The adopted change to §139.19 clarifies that alternative dispute resolution is an option to resolve Board enforcement matters in accordance with Texas Occupations Code section 1001.215(a)(2).

The adopted change to §139.35 updated rule references in the table of proposed sanctions to match the proposed rule revisions in other chapters.

The Board received no comments for or against the proposed rule changes. No changes were made to the rules as proposed.

SUBCHAPTER B. COMPLAINT PROCESS AND PROCEDURES

22 TAC §139.19

The amendment is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800787

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414


SUBCHAPTER C. ENFORCEMENT PROCEEDINGS

22 TAC §139.35

The amendment is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

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 February 23, 2018.

TRD-201800788

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: March 15, 2018

Proposal publication date: December 15, 2017

For further information, please call: (512) 442-1414