PART 5. STATE BOARD OF DENTAL EXAMINERS
CHAPTER 104. CONTINUING EDUCATION
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §104.1, concerning Continuing Education Requirements, without changes to the proposed text as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4001). The rule will not be republished. The adopted amendment allows course instructors who offer continuing education through a provider listed in §104.2 of this title to receive 2 hours of continuing education credit for every 1 hour of instruction provided. This credit applies per course, per renewal period.
The Texas Academy of General Dentistry (TAGD) provided a written comment in support of adoption of the rule as proposed. As an approved CE course provider, TAGD believes it is reasonable to allow course instructors to receive 2 hours of CE credit for every hour of course instruction in recognition of the work that is put into developing and presenting continuing education classes. TAGD hopes that it will serve as an incentive for more dentists to share their expertise and serve as instructors. No changes to the proposed rule were made as a result of the comment.
This 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.
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 August 9, 2024.
TRD-202403673
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: August 29, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 305-8910
SUBCHAPTER A. PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS
The State Board of Dental Examiners (Board) adopts this repeal of 22 TAC §107.3, concerning the effects of student loan payment default on licensure. The repeal is adopted without changes to the proposed version in the June 7, 2024, issue of the Texas Register (49 TexReg 4003) and the rule will not be republished. The adopted repeal implements Senate Bill 37 of the 86th Texas Legislature, Regular Session (2019). The bill prohibits a licensing agency from taking disciplinary action against a person who has defaulted on a student loan, or denying a license to that person based on a default of a student loan.
The Texas Academy of General Dentistry (TAGD) provided a written comment in support of this rule repeal. No changes to the proposed rule were made as a result of the comment.
This 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.
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 August 9, 2024.
TRD-202403678
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: August 29, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §107.17, concerning service in non-rulemaking proceedings. The amendment is adopted without changes to the proposed text as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4003) and will not be republished. The adopted amendment updates the cited SOAH rule from 1 TAC §155.103 to 1 TAC §155.105.
No comments were received regarding adoption of this rule.
This 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.
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 August 9, 2024.
TRD-202403674
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: August 29, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §107.105, concerning collection of information and records. The amendment is adopted without changes to the proposed text as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4004) and will not be republished. Because the Board no longer issues citations, the adopted amendment removes the citation language from the rule. Instead, the Board issues administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
No comments were received regarding adoption of this rule.
This 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.
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 August 9, 2024.
TRD-202403675
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: August 29, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §107.106, concerning confidentiality of investigations. The amendment is adopted without changes to the proposed text as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4005) and will not be republished. Because the Board no longer issues citations, the adopted amendment removes the citation language from the rule. Instead, the Board issues administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
No comments were received regarding adoption of this rule.
This 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.
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 August 9, 2024.
TRD-202403676
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: August 29, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §107.300, concerning responsibilities of compliance division. The amendment is adopted without changes to the proposed text as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4006) and will not be republished. Because the Board no longer issues citations, the adopted amendment removes the citation language from the rule. Instead, the Board issues administrative penalties pursuant to §264.001 of the Dental Practice Act, and board rule 22 TAC §107.201.
No comments were received regarding adoption of this rule.
This 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.
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 August 9, 2024.
TRD-202403677
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: August 29, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 305-8910
CHAPTER 577. GENERAL ADMINISTRATIVE DUTIES
SUBCHAPTER B. STAFF
The Texas Commission of Licensing and Regulation (Commission), on behalf of the Texas Board of Veterinary Medical Examiners (TBVME), adopts amendments to an existing rule at 22 Texas Administrative Code (TAC), Chapter 577, Subchapter B, §577.15, regarding the General Administrative Duties, without changes to the proposed text as published in the June 21, 2024, issue of the Texas Register (49 TexReg 4572). This rule will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 22 TAC, Chapter 577, implement Texas Occupations, Chapter 801, Veterinarians.
The adopted rule amends §577.15, Fee Schedule. The adopted rule is required to comply with the General Appropriations Act, House Bill (HB) 1, 88th Legislature, Regular Session (2023) at Article VIII, Section 1, which requires certain agencies, including the TBVME, to bring in enough revenue to cover the appropriations given to the TBVME. Therefore, the TBVME is required to increase its revenue through assessed fees to cover the additional appropriations.
The increased appropriation amount of this biennium is expected to decrease next biennium since the amount of funding the TBVME needs will decrease once a new licensing system has been procured. At that time the TBVME will propose rules to decrease the fee amounts so revenue projections for this adopted rule are only for the first two years following adoption.
SECTION-BY-SECTION SUMMARY
The adopted rule amends §577.15, Fee Schedule. The adopted rule updates the license application fees, renewal fees, and other fees in amounts that are reasonable and necessary to cover the costs of administering Occupations Code, Chapter 801.
PUBLIC COMMENTS
The proposed rule was published in the June 21, 2024, issue of the Texas Register (49 TexReg 4572). The public comment period closed on July 22, 2024. The Department received comments from 112 interested parties on the proposed rule. The public comments received are summarized below.
Comment: 110 commenters, including the Texas Veterinary Medical Association, were opposed to the fee changes in the proposed rule.
Department Response: The Department disagrees with the comments because fees must be set in amounts that are reasonable and necessary to cover the costs of administering Occupations Code, Chapter 801. The Department did not make any changes to the proposed rule as a result of the comment.
Comment: Two commenters were in favor of the proposed rule.
Department Response: The Department appreciates the comments in support of the proposed rule. The Department did not make any changes to the proposed rule as a result of the comment.
ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION
The State Board of Veterinary Medical Examiners (Board) met on January 23, 2024, to discuss the proposed rule. The Board recommended the proposed rule be published in the Texas Register. At its meeting on July 23, 2024, the Commission adopted the proposed rule as recommended by the Advisory Board.
STATUTORY AUTHORITY
The adopted rule is adopted under Texas Occupations Code, Chapters 51 and 801, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rule are those set forth in the Texas Occupations Code, Chapters 51 and 801. No other statutes, articles, or codes are affected by the adopted rule.
The legislation that enacted the statutory authority under which the adopted rule is proposed is the General Appropriations Act, House Bill 1, 88th Regular Session (2023) at Article VIII, Section 1.
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 August 9, 2024.
TRD-202403668
Doug Jennings
General Counsel
Texas Board of Veterinary Medical Examiners
Effective date: September 1, 2024
Proposal publication date: June 21, 2024
For further information, please call: (512) 475-4879