TITLE 22. EXAMINING BOARDS
PART 5. STATE BOARD OF DENTAL EXAMINERS
CHAPTER 102. FEES
22 TAC §102.1The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §102.1, concerning fees without changes to the proposal as published in the December 13, 2024, issue of the Texas Register (49 TexReg 10094) and will not be republished. The adopted amendment includes a $100.00 fee for applicants who apply to become a Board approved continuing education course provider.
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, and Texas Occupations Code §254.004, which directs the Board to establish reasonable and necessary fees sufficient to cover the cost of administering the Board's duties.
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 21, 2025.
TRD-202500667
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: March 13, 2025
Proposal publication date: December 13, 2024
For further information, please call: (737) 363-2333
CHAPTER 108. PROFESSIONAL CONDUCT
SUBCHAPTER
D.
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §108.42, concerning obtaining a permit. The amendment is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9866) and will not be republished. The adopted amendment removes the requirement that a mobile dental facility or portable dental unit must have a lead apron with thyroid shield when x-rays are made. The American Academy of Oral and Maxillofacial Radiology (AAOMR) recently issued guidelines titled "Patient shielding during dentomaxillofacial radiography" where the AAOMR recommended discontinuing the use of lead aprons and thyroid shields when making x-rays. The Board held a stakeholder meeting on September 27, 2024, where a majority of stakeholders stated that Board rules should be amended to remove requiring the use of lead aprons and thyroid shields based on the AAOMR guidelines.
The Texas Academy of General Dentistry (TAGD) provided a written comment in support of adoption of the rule as proposed. TAGD states that the amendment aligns with current research and best practices by organizations, including the AAOMR. The Board agrees with the comment, and no changes to the 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 February 21, 2025.
TRD-202500668
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: March 13, 2025
Proposal publication date: December 6, 2024
For further information, please call: (737) 363-2333
CHAPTER 111. STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS
22 TAC §111.1The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §111.1, concerning additional continuing education requirements. The amendment is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9867) and will not be republished. The adopted amendment removes subsections (a) and (b)(1) because they are no longer in effect. The current continuing education requirement regarding controlled substances is found in paragraph (1) of this amended rule and in 22 TAC §104.1(2)(B). The adopted amendment also updates the name of the title for 22 TAC §104.1.
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 February 21, 2025.
TRD-202500669
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: March 13, 2025
Proposal publication date: December 6, 2024
For further information, please call: (737) 363-2333
CHAPTER 113. REQUIREMENTS FOR DENTAL OFFICES
22 TAC §113.2The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §113.2, concerning x-ray laboratories. The amendment is adopted without changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9868) and will not be republished. The adopted amendment removes the requirement that dental patients must be protected by a lead apron with thyroid collar. The American Academy of Oral and Maxillofacial Radiology (AAOMR) recently issued guidelines titled "Patient shielding during dentomaxillofacial radiography" where the AAOMR recommended discontinuing the use of lead aprons and thyroid shields when making x-rays. The Board held a stakeholder meeting on September 27, 2024, where a majority of stakeholders stated that Board rules should be amended to remove requiring the use of lead aprons and thyroid shields based on the AAOMR guidelines.
The Texas Academy of General Dentistry (TAGD) provided a written comment in support of adoption of the rule as proposed. TAGD states that the amendment aligns with current research and best practices by organizations, including the AAOMR. The Board agrees with this comment, and no changes to the 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.
Legal counsel for the Board has reviewed the adopted rule and has found it to be within the Board's authority to adopt.
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 21, 2025.
TRD-202500670
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: March 13, 2025
Proposal publication date: December 6, 2024
For further information, please call: (737) 363-2333
CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS
22 TAC §114.12The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §114.12, concerning continuing education for registered dental assistants. The amendment is adopted with changes to the proposed text as published in the December 6, 2024, issue of the Texas Register (49 TexReg 9869) and will be republished. The adopted amendment updates the rule to reflect that dental assistant registrations have a biennial renewal cycle.
At its February 21, 2025 meeting, the Board voted not to adopt the portion of the proposed amendment that would require registered dental assistants to complete two hours of continuing education in the laws and regulations of the Board. The Board agreed with stakeholders that the requirement could create barriers for registered dental assistants. Instead, the Board tasked staff to look into whether the renewal application for registered dental assistants can include an attestation that they have read the laws and regulations of the Board.
The Texas Academy of General Dentistry (TAGD) provided a written comment in opposition of adoption of the rule as proposed pertaining to the requirement that registered dental assistants must take at least two hours of continuing education in the laws and regulations of the Board. TAGD states that ultimately it is the dentist's responsibility to ensure that office operations comply with state laws and regulations. TAGD believes dental assistants' continuing education hours would be better utilized on topics that enhance their clinical skills and support their daily responsibilities. The Board believes the requirement could create barriers for registered dental assistants, and decided not to adopt the requirement.
LaNisha Eskridge, RDA, provided a written comment in opposition of adoption of the rule as proposed pertaining to the requirement that registered dental assistants must take at least two hours of continuing education in the laws and regulations of the Board. Ms. Eskridge states that the amendment would create a financial burden for registered dental assistants, who are the lowest paid members of the dental team. She states the amendment would add to the shortage of dental assistants by requiring additional regulations and may cause dental assistants to leave the field or not consider becoming a dental assistant. She also states that the amendment would not allow dental assistants to renew or retain their registration if the jurisprudence assessment is not passed. The Board agrees the requirement could create barriers for registered dental assistants, and decided not to adopt the requirement.
The Texas Dental Assistants Association (TDAA) provided a written comment in opposition of adoption of the rule as proposed pertaining to the requirement that registered dental assistants must take at least two hours of continuing education in the laws and regulations of the Board. TDAA states the amendment would essentially quadruple the CE requirement of jurisprudence for dental assistants in comparison to dentists and hygienists, who take the jurisprudence assessment every four years. The financial burden would be more for the RDA, who is the lowest paid member of the dental team. TDAA also states that the amendment could create possible job loss if a dental assistant confronts an employer on a delegated duty in question, and exacerbate the shortage of dental assistants by adding additional requirements. There is a limited availability of dental assistant CE courses in jurisprudence, and the Board should maintain control over any material aimed at educating the dental assistant in matters of Texas laws or Board rules and regulations, as it does for dentists and hygienists with the jurisprudence assessment. The Board agrees the requirement could create barriers for registered dental assistants, and decided not to adopt the requirement.
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.
§
114.12.
(a) To renew a certificate of registration issued under this chapter, a dental assistant must complete twelve (12) hours of continuing education biennially in areas covering dental assistant duties. At least six (6) of these twelve (12) hours must be clinical continuing education.
(b) A dental assistant may fulfill the continuing education requirement through board-approved self-study, interactive computer courses, or lecture courses. All continuing education must be offered by providers approved under 22 Texas Administrative Code §104.2.
(c) As a prerequisite to the renewal of a dental assistant's certificate of registration, a course in human trafficking prevention approved by the executive commissioner of the Texas Health and Human Services Commission must be completed.
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 21, 2025.
TRD-202500671
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: March 13, 2025
Proposal publication date: December 6, 2024
For further information, please call: (737) 363-2333
PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
CHAPTER 133. LICENSING FOR ENGINEERS
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments without changes to 22 Texas Administrative Code, Chapter 133, regarding Licensing for Engineers, specifically §§133.11, Types of Licenses; 133.26, Applications for Texas Licensure by License Holders in Another Jurisdiction; and 133.69, Waiver of Examinations. The amendments were originally published in the January 3, 2025, issue of the Texas Register (50 TexReg 19) and will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
Texas Occupations Code §1001.311 authorizes the Board to license an applicant that is not a resident of the State of Texas if the applicant holds a license issued by another jurisdiction and has met substantially equivalent licensure requirements to those in Texas. The Board is adopting rules to clearly set the procedure and requirements for licensure for applicants from other US states and territories, as well as international applicants licensed in a country that has a licensure agreement with Texas.
The adopted rules amend §133.11 to clarify which rules relate to standard and temporary licenses and amend §133.69 to clarify the duration of time a reciprocal applicant must be licensed in the other jurisdiction prior to requesting a waiver of the PE examination.
The adopted rules create a new section §133.26 that sets out the streamlined requirements for applicants from international and US jurisdictions (states or territories) that are currently licensed in those jurisdictions.
PUBLIC COMMENTS
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The 30-day public comment period began on January 3, 2025, and ended February 2, 2025. The Board received no comments from the public.
SUBCHAPTER
B.
STATUTORY AUTHORITY
The amendments are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and 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 practices of engineering and land surveying in this state. In addition, §1001.311 allow for the licensure of nonresidents.
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 18, 2025.
TRD-202500598
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 10, 2025
Proposal publication date: January 3, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
C.
STATUTORY AUTHORITY
The amendments are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and 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 practices of engineering and land surveying in this state. In addition, §1001.311 allow for the licensure of nonresidents.
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 18, 2025.
TRD-202500599
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 10, 2025
Proposal publication date: January 3, 2025
For further information, please call: (512) 440-7723
SUBCHAPTER
G.
STATUTORY AUTHORITY
The amendments are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and 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 practices of engineering and land surveying in this state. In addition, §1001.311 allow for the licensure of nonresidents.
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 18, 2025.
TRD-202500600
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: March 10, 2025
Proposal publication date: January 3, 2025
For further information, please call: (512) 440-7723