PART 5. STATE BOARD OF DENTAL EXAMINERS
CHAPTER 101. DENTAL LICENSURE
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §101.6, concerning dental licensing for military service members, military veterans, and military spouses. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1842), and will not be republished.
The purpose of the adoption is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023), which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Specifically, this amendment requires the board to process a military service member, military spouse, or military veteran's application for alternative licensing within 30 days from receipt of the application and to issue a license to a qualified applicant. Additionally, the amendment includes language to specify that this rule does not modify or alter rights that may be provided under federal law.
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 May 3, 2024.
TRD-202401988
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: May 23, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §101.14, concerning exemption from licensure for certain military service members and military spouses. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1843), and will not be republished.
The purpose of the adoption is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023), which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Specifically, the adopted amendment includes "military service members" in the title and makes the rule applicable to military service members in addition to military spouses. The adopted amendment also adds a requirement that the Board verify the licensure and issue an authorization to practice recognizing the licensure within 30 days of the date a military service member or military spouse submits the information required by the rule. The adopted amendment further provides that, in the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice. Additionally, the adopted amendment includes language to specify that this rule does not modify or alter rights that may be provided under federal law, and corrects clerical errors.
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 May 3, 2024.
TRD-202401989
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: May 23, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §102.1, concerning fees. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1845), and will not be republished.
The adopted amendment implements Section 257.002(c) - (c-1) of the Texas Occupations Code by requiring licensees whose license is expired for 90 days or less to pay a renewal fee that is equal to 1 1/2 times the normally required renewal fee, and whose license is expired for more than 90 days but less than one year to pay a renewal fee that is equal to two times the normally required renewal fee.
The adopted amendment requires dental hygienists to pay a fee to apply for a local infiltration anesthesia certificate in accordance with Sections 258.001 and 262.002 of the Texas Occupations Code, and 22 TAC §115.10.
The adopted amendment requires registered dental assistants to pay a fee to reactivate a retired registration, and to reinstate a cancelled registration, in accordance with 22 TAC §114.8 and §114.13.
The adopted amendment changes the Texas Online fee to implement the Fiscal Year 2024 Texas.gov Fee Schedule. The updated fees were lower resulting in an overall smaller fee.
The adopted amendment changes the National Practitioner Data Bank (NPDB) fee to implement the NPDB's increased continuous query fee from $2.00 to $2.50.
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 May 3, 2024.
TRD-202401992
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: May 23, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts amendments to 22 TAC §103.10, concerning exemption from licensure for certain military service members and military spouses. This rule is adopted with no changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1846), and will not be republished.
The purpose of the adoption is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023), which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Specifically, the adopted amendment includes "military service members" in the title and makes the rule applicable to military service members in addition to military spouses. The adopted amendment also adds a requirement that the Board verify the licensure and issue an authorization to practice recognizing the licensure within 30 days of the date a military service member or military spouse submits the information required by the rule. The adopted amendment further provides that, in the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice. Additionally, the adopted amendment includes language to specify that this rule does not modify or alter rights that may be provided under federal law, and corrects clerical errors.
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 May 3, 2024.
TRD-202401990
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: May 23, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §114.5, concerning coronal polishing requirements for dental assistants. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1847), and will not be republished.
The intent of the adopted amendment is (1) to make it easier for dental assistants who have completed their training at a CODA-accredited program to begin coronal polishing without having to wait on gaining one year of work experience, and (2) to reduce the work experience requirement from two years to one year for dental assistants who did not graduate from a CODA-accredited program. Accordingly, the adopted amendment removes the work experience requirement for a dental assistant who graduated from a CODA-accredited program, and requires one-year work experience for a dental assistant who has not graduated from a CODA-accredited program before the dental assistant can apply to a CODA-accredited program to obtain coronal polishing education.
The following is a summary of the written comments the Board received, and the Board's responses:
The Texas Dental Hygienists' Association (TDHA) provided a written comment in opposition of adoption of the rule as proposed. TDHA attests the proposed changes will allow a non-CODA dental assistant with at least one-year experience to perform coronal polishing on a live patient. This length of time is less than that of a dental hygiene student enrolled an accredited dental hygiene program, who must obtain two or more years of education prior to being able to perform coronal polishing. Additionally, one-year experience does not allow a dental assistant to acquire knowledge on such things as the principles of coronal polishing, intraoral anatomy, indications, contraindications, and complications associated with improper coronal polishing, infection control procedures, and jurisprudence related to coronal polishing. The Board disagrees with this comment because non-CODA dental assistants will need to complete an 8-hour course in accordance with subsection (c)(2) of this rule before they can perform coronal polishing on patients. No changes were made to this rule as a result of the comment.
The Texas Academy of Pediatric Dentistry (TAPD) provided a written comment in support of adoption of the rule as proposed. The TAPD supports the Board's recommendation to continue the eight-hour clinical and didactic education requirements in coronal polishing for dental assistants who obtain one year of experience. TAPD does not believe that reducing the work experience requirement of a dental assistant performing coronal polishing will harm patients, and 82% of its members agree the experience requirement for a dental assistant to perform coronal polishing should be reduced from the current two-year requirement. TAPD would like to continue working with the Board to revise this rule, including expanding the ways dental assistants can obtain coronal polishing education. Finding courses that provide coronal polishing education is difficult for Texans who do not live in areas where there is a dental school, dental hygiene school or dental assisting program. Expanding who can teach a coronal polishing education course to include dentists who have completed teaching training modules approved by the TSBDE will allow greater access to coronal polishing education. No changes were made to this rule as a result of the comment.
The Texas Academy of General Dentistry (TAGD) provided a written comment in support of adoption of the rule as proposed. No changes were made to this rule as a result of the comment.
The Texas Dental Association (TDA) provided a written comment in support of adoption of the rule as proposed. No changes were made to this rule as a result of the comment.
Cathy Nobles, RDH provided a written comment in opposition of adoption of the rule as proposed. She does not believe dental assistants with less than two years of experience would be ready to coronal polish patients. She asks: Is coronal polishing included in the curriculum in the CODA-accredited assisting classes? Or would those graduates of the one-year CODA accredited schools still have to take the coronal polishing class upon graduation? She states if they do not have polishing included in the curriculum, they would not be wasting what they learned by staying on the two-year waiting period. The Board made no changes to this rule as a result of this comment because a CODA-accredited school is required to follow the requirements set by the Board. Since this rule requires coronal polishing education, coronal polishing will be included in the CODA-accredited school's curriculum.
Prashant Harjai (Program Manager, HCC Coleman College for Health Sciences) provided a written comment, but did not indicate whether he supported or opposed adoption of the rule as proposed. Rather, he asked whether the proposed changes in this rule will also be implemented to the pit and fissure sealant requirements for dental assistants. He states implementing the same changes to the pit and fissure sealant rule may make it easier to track the eligibility and scope of practice requirements for dental assistants, unless the Board anticipates that it may negatively impact the health and safety of patients. The Board anticipates that it will review board rule 22 TAC §114.3, which pertains to dental assistants applying pit and fissure sealants, to determine whether to implement the same changes that were proposed in this rule. No changes were made to this rule 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 May 3, 2024.
TRD-202401993
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: May 23, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §114.7, concerning exemption from licensure for certain military service members and military spouses. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1848), and will not be republished.
The purpose of the adoption is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session (2023), which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Specifically, the adopted amendment includes "military service members" in the title and makes the rule applicable to military service members in addition to military spouses. The adopted amendment also adds a requirement that the Board verify the registration and issue an authorization to practice recognizing the registration within 30 days of the date a military service member or military spouse submits the information required by the rule. The adopted amendment further provides that, in the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization to practice. Additionally, the adopted amendment includes language to specify that this rule does not modify or alter rights that may be provided under federal law, and corrects clerical errors.
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 May 3, 2024.
TRD-202401991
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: May 23, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts new rule 22 TAC §115.10, concerning the administration of local infiltration anesthesia by a dental hygienist. The adopted new rule pertains to the certification and standards for the administration of a local anesthetic agent by a dental hygienist as set out in House Bill 3824 of the 88th Texas Legislature, Regular Session (2023), and codified at Sections 258.001 and 262.002 of the Texas Occupations Code. This rule is adopted with no changes to the proposed text published in the March 22, 2024, issue of the Texas Register (49 TexReg 1850), and will not be republished.
This rule was initially published in the December 15, 2023, issue of the Texas Register. As a result of stakeholder feedback, the Board voted to re-propose this rule with changes at its February 16, 2024 meeting. The re-proposal was published in the March 22, 2024, issue of the Texas Register.
The following is a summary of the written comments the Board received, and the Board's responses:
The Texas Dental Hygienists' Association (TDHA) provided a written comment in support of adoption of the rule as proposed. No changes to this rule were made as a result of the comment.
The Texas Dental Association (TDA) provided a written comment in support of adoption of the rule as proposed. No changes to this rule were made as a result of the comment.
The Texas Society of Periodontists (TSP) provided a written comment in support of adoption of the rule as initially proposed in the December 15, 2023, issue of the Texas Register with a request to lower the required amount of continuing education hours from 6 hours to 4 hours every two years. The Board lowered the amount of required continuing education hours to 2 hours every two years. Additionally, the continuing education requirement is in addition to any additional courses required for licensure.
The Texas Academy of General Dentistry (TAGD) provided a written comment in support of adoption of the rule as initially proposed in the December 15, 2023, issue of the Texas Register with a request (1) to lower the required amount of continuing education hours from 6 hours to 2 hours every two years, and (2) that the rule use the same "direct supervision" definition found in board rule 22 TAC §115.1, but to also include that a hygienist should be required to make the dentist aware of any changes in the patient's condition while undergoing a procedure. The Board agreed to lower the amount of required continuing education hours to 2 hours every two years. Additionally, the continuing education requirement is in addition to any additional courses required for licensure. The Board agreed to include a definition of "direct supervision", however the Board decided to mirror the definition found in board rule 22 TAC §110.1(7) and the language in Section 258.001(5)(B).
The Texas Society of Anesthesiologists (TSA) provided a written comment in support of adoption of the rule as initially proposed in the December 15, 2023, issue of the Texas Register with a request that the rule use the same "direct supervision" definition found in board rule 22 TAC §110.1(7). The Board agreed, and implemented the request by mirroring the definition found in 22 TAC §110.1(7) and the language in Section 258.001(5)(B).
One commenter provided a written comment, but did not indicate whether he supported or opposed adoption of the rule as proposed. Rather, he asked the following questions: (1) Will the provider be required to submit the course to the Board for review and approval? (2) Will the provider be required to submit the course to approvers specified by the Board for review and approval? or (3) Will there be other guidelines for course approval? The Board will not need to approve any courses because the rule requires a CODA-approved program and/or a substantially equivalent education with three years of practice. No changes to this 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; and Texas Occupations Code §254.004, which give the Board authority to establish reasonable and necessary fees.
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 May 3, 2024.
TRD-202401994
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: May 23, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 305-8910