PART 5. STATE BOARD OF DENTAL EXAMINERS
CHAPTER 102. FEES
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §102.1, concerning Fees.
The proposed amendment fixes a clerical error made by staff to the total fee amounts for the dentist renewal fee, dentist renewal late - 1 to 90 days fee, and dentist renewal late - 91 to 364 days fee. An extra $15 charge was mistakenly imposed, and therefore the proposed amendment updates the fees to remove the extra charge.
In addition, the proposed amendment includes late fees for the dentist and dental hygienist temporary license by credentials renewal application. The late fees are imposed in accordance with 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 ½ 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.
FISCAL NOTE: Casey Nichols, Executive Director, has determined that for the first five-year period the proposed rule is in effect, the proposed rule does not have foreseeable implications relating to cost or revenues of the state or local governments.
PUBLIC BENEFIT-COST NOTE: Casey Nichols has also determined that for the first five-year period the proposed rule is in effect, the public benefit anticipated as a result of this rule will be the protection of public safety and welfare.
LOCAL EMPLOYMENT IMPACT STATEMENT: Casey Nichols has also determined that the proposed rule does not affect local economies and employment.
SMALL AND MICRO-BUSINESS, RURAL COMMUNITY IMPACT STATEMENT: Casey Nichols has determined that no economic impact statement and regulatory flexibility analysis for small businesses, micro-businesses, and rural communities is necessary for this proposed rule.
GOVERNMENT GROWTH IMPACT STATEMENT: The Board has determined that for the first five-year period the proposed rule is in effect, the following government growth effects apply: (1) the proposed rule does not create or eliminate a government program; (2) implementation of the proposed rule does not require the creation or elimination of employee positions; (3) the implementation of the proposed rule does not require an increase or decrease in future appropriations; (4) the proposed rule does require an increase in fees paid to the agency; (5) the proposed rule does not create a new regulation; (6) the proposed rule does not expand an existing regulation; (7) the proposed rule does not increase or decrease the number of individuals subject to it; and (8) the proposed rule does not positively or adversely affect the state's economy.
COST TO REGULATED PERSONS: The Board finds that the provisions of Texas Government Code Section 2001.0045(b) do not apply to the proposed rule because it implements statutory requirements, and is necessary to protect the health, safety, and welfare of the people of Texas, as provided in Section 2001.0045(c)(6) and (9).
Comments on the proposed rule may be submitted to Casey Nichols, Executive Director, 1801 Congress Avenue, Suite 8.600, Austin, Texas 78701, by fax to (512) 649-2482, or by email to official_rules_comments@tsbde.texas.gov for 30 days following the date that the proposed rule is published in the Texas Register. To be considered for purposes of this rulemaking, comments must be: (1) postmarked or shipped by the last day of the comment period; or (2) faxed or e-mailed by midnight on the last day of the comment period.
This rule is proposed 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.
No statutes are affected by this proposed rule.
§102.1.Fees.
(a) Effective November 28, 2024 [May
23, 2024], the Board has established the following reasonable
and necessary fees for the administration of its function. Upon initial
licensure or registration, and at each renewal, the fees provided
in subsections (b) - (d) of this section shall be due and payable
to the Board.
Figure 22 TAC §102.1(a) (.pdf)
[Figure 22 TAC §102.1(a)]
(b) - (f) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 20, 2024.
TRD-202404550
Lauren Studdard
General Counsel
State Board of Dental Examiners
Earliest possible date of adoption: November 3, 2024
For further information, please call: (512) 305-8910
CHAPTER 191. DISTRICT REVIEW COMMITTEES
The Texas Medical Board (Board) proposes the repeal of current Chapter 191, concerning District Review Committees, §§191.1 - 191.5.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board's rule review, repeal of Chapter 191 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Scott Freshour, General Counsel for the Texas Medical Board, has determined that, for each year of the first five years the proposed repeals are in effect, the public benefit anticipated as a result of enforcing these proposed sections will be to remove redundant language from rules, simplify the rules, and make the rules easier to understand.
Mr. Freshour has also determined that for the first five-year period these proposed repeals are in effect, there will be no fiscal impact or effect on government growth as a result of enforcing the proposed sections.
Mr. Freshour has also determined that for the first five-year period these proposed repeals are in effect there will be no probable economic cost to individuals required to comply with these proposed sections.
Pursuant to Texas Government Code §2006.002, the agency provides the following economic impact statement for these proposed repeals and determined that for each year of the first five years these proposed repeals there will be no effect on small businesses, micro businesses, or rural communities. The agency has considered alternative methods of achieving the purpose of these proposed repeals and found none.
Pursuant to Texas Government Code §2001.024(a)(4), Mr. Freshour certifies that this proposal has been reviewed and the agency has determined that for each year of the first five years these proposed repeals are in effect:
(1) there is no additional estimated cost to the state or to local governments expected as a result of enforcing or administering these proposed repeals;
(2) there are no estimated reductions in costs to the state or to local governments as a result of enforcing or administering these proposed repeals;
(3) there is no estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering these proposed repeals; and
(4) there are no foreseeable implications relating to cost or revenues of the state or local governments with regard to enforcing or administering these proposed repeals.
Pursuant to Texas Government Code §2001.024(a)(6) and §2001.022, the agency has determined that for each year of the first five years these proposed repeals will be in effect, there will be no effect on local economy and local employment.
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for these proposed repeals. For each year of the first five years these proposed repeals will be in effect, Mr. Freshour has determined the following:
(1) These proposed repeals do not create or eliminate a government program.
(2) Implementation of these proposed repeals does not require the creation of new employee positions or the elimination of existing employee positions.
(3) Implementation of these proposed repeals does not require an increase or decrease in future legislative appropriations to the agency.
(4) These proposed sections do not require an increase or decrease in fees paid to the agency.
(5) These proposed repeals do not create new regulations.
(6) These proposed repeals do repeal existing regulations as described above.
(7) These proposed repeals do not increase the number of individuals subject to the sections' applicability.
(8) These proposed repeals do not positively or adversely affect this state's economy.
Comments on the repeal may be submitted using this link: https://forms.office.com/g/DibuGXnyfE. A public hearing will be held at a later date. Comments on the proposal will be accepted for 30 days following publication.
The repeal of the rules is proposed under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce this subtitle. The repeal of the rules is also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
No other statutes, articles or codes are affected by this proposal.
§191.1Purpose.
§191.2Districts.
§191.3Committee Meetings.
§191.4Activities and Scope of Authority.
§191.5Per Diem and Expenses.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 17, 2024.
TRD-202404478
Scott Freshour
General Counsel
Texas Medical Board
Earliest possible date of adoption: November 3, 2024
For further information, please call: (512) 305-7030
22 TAC §§196.1, 196.2, 196.4, 196.5
The Texas Medical Board (Board) proposes the repeal of current Chapter 196, concerning Voluntary Relinquishment or Surrender of a Medical License, §§196.1, 196.2, 196.4, and 196.5.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board's rule review, repeal of Chapter 196 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Scott Freshour, General Counsel for the Texas Medical Board, has determined that, for each year of the first five years the proposed repeals are in effect, the public benefit anticipated as a result of enforcing these proposed sections will be to remove redundant language from rules, simplify the rules, and make the rules easier to understand.
Mr. Freshour has also determined that for the first five-year period these proposed repeals are in effect, there will be no fiscal impact or effect on government growth as a result of enforcing the proposed sections.
Mr. Freshour has also determined that for the first five-year period these proposed repeals are in effect there will be no probable economic cost to individuals required to comply with these proposed sections.
Pursuant to Texas Government Code §2006.002, the agency provides the following economic impact statement for these proposed repeals and determined that for each year of the first five years these proposed repeals there will be no effect on small businesses, micro businesses, or rural communities. The agency has considered alternative methods of achieving the purpose of these proposed repeals and found none.
Pursuant to Texas Government Code §2001.024(a)(4), Mr. Freshour certifies that this proposal has been reviewed and the agency has determined that for each year of the first five years these proposed repeals are in effect:
(1) there is no additional estimated cost to the state or to local governments expected as a result of enforcing or administering these proposed repeals;
(2) there are no estimated reductions in costs to the state or to local governments as a result of enforcing or administering these proposed repeals;
(3) there is no estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering these proposed repeals; and
(4) there are no foreseeable implications relating to cost or revenues of the state or local governments with regard to enforcing or administering these proposed repeals.
Pursuant to Texas Government Code §2001.024(a)(6) and §2001.022, the agency has determined that for each year of the first five years these proposed repeals will be in effect, there will be no effect on local economy and local employment.
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for these proposed repeals. For each year of the first five years these proposed repeals will be in effect, Mr. Freshour has determined the following:
(1) These proposed repeals do not create or eliminate a government program.
(2) Implementation of these proposed repeals does not require the creation of new employee positions or the elimination of existing employee positions.
(3) Implementation of these proposed repeals does not require an increase or decrease in future legislative appropriations to the agency.
(4) These proposed sections do not require an increase or decrease in fees paid to the agency.
(5) These proposed repeals do not create new regulations.
(6) These proposed repeals do repeal existing regulations as described above.
(7) These proposed repeals do not increase the number of individuals subject to the sections' applicability.
(8) These proposed repeals do not positively or adversely affect this state's economy.
Comments on the repeal may be submitted using this link: https://forms.office.com/g/DibuGXnyfE. A public hearing will be held at a later date. Comments on the proposal will be accepted for 30 days following publication.
The repeal of the rules is proposed under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce this subtitle. The repeal of the rules is also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
No other statutes, articles or codes are affected by this proposal.
§196.1.Relinquishment of License.
§196.2.Surrender Associated with Disciplinary Action.
§196.4.Relicensure After Relinquishment or Surrender of License.
§196.5.Competence to Resume Practice.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 17, 2024.
TRD-202404479
Scott Freshour
General Counsel
Texas Medical Board
Earliest possible date of adoption: November 3, 2024
For further information, please call: (512) 305-7030
The Texas Medical Board (Board) proposes the repeal of current Chapter 199, concerning Voluntary Relinquishment or Surrender of a Medical License, §§199.1 - 199.6.
The Board has determined that due to the extensive reorganization of Chapters 160-200 as part of the Board's rule review, repeal of Chapter 199 in its entirety is more efficient than proposing multiple amendments to make the required changes.
Scott Freshour, General Counsel for the Texas Medical Board, has determined that, for each year of the first five years the proposed repeals are in effect, the public benefit anticipated as a result of enforcing these proposed sections will be to remove redundant language from rules, simplify the rules, and make the rules easier to understand.
Mr. Freshour has also determined that for the first five-year period these proposed repeals are in effect, there will be no fiscal impact or effect on government growth as a result of enforcing the proposed sections.
Mr. Freshour has also determined that for the first five-year period these proposed repeals are in effect there will be no probable economic cost to individuals required to comply with these proposed sections.
Pursuant to Texas Government Code §2006.002, the agency provides the following economic impact statement for these proposed repeals and determined that for each year of the first five years these proposed repeals there will be no effect on small businesses, micro businesses, or rural communities. The agency has considered alternative methods of achieving the purpose of these proposed repeals and found none.
Pursuant to Texas Government Code §2001.024(a)(4), Mr. Freshour certifies that this proposal has been reviewed and the agency has determined that for each year of the first five years these proposed repeals are in effect:
(1) there is no additional estimated cost to the state or to local governments expected as a result of enforcing or administering these proposed repeals;
(2) there are no estimated reductions in costs to the state or to local governments as a result of enforcing or administering these proposed repeals;
(3) there is no estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering these proposed repeals; and
(4) there are no foreseeable implications relating to cost or revenues of the state or local governments with regard to enforcing or administering these proposed repeals.
Pursuant to Texas Government Code §2001.024(a)(6) and §2001.022, the agency has determined that for each year of the first five years these proposed repeals will be in effect, there will be no effect on local economy and local employment.
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for these proposed repeals. For each year of the first five years these proposed repeals will be in effect, Mr. Freshour has determined the following:
(1) These proposed repeals do not create or eliminate a government program.
(2) Implementation of these proposed repeals does not require the creation of new employee positions or the elimination of existing employee positions.
(3) Implementation of these proposed repeals does not require an increase or decrease in future legislative appropriations to the agency.
(4) These proposed sections do not require an increase or decrease in fees paid to the agency.
(5) These proposed repeals do not create new regulations.
(6) These proposed repeals do repeal existing regulations as described above.
(7) These proposed repeals do not increase the number of individuals subject to the sections' applicability.
(8) These proposed repeals do not positively or adversely affect this state's economy.
Comments on the Repeal may be submitted using this link: https://forms.office.com/g/DibuGXnyfE. A public hearing will be held at a later date. Comments on the proposal will be accepted for 30 days following publication
The repeal of the rules is proposed under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce this subtitle. The repeal of the rules is also proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years.
No other statutes, articles or codes are affected by this proposal.
§199.1.Public Information Committee.
§199.2.Requests to Speak.
§199.3.Requests for Information.
§199.4.Charges for Copies of Public Records.
§199.5.Notice of Ownership Interest in a Niche Hospital.
§199.6.Enhanced Contract or Performance Monitoring.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 17, 2024.
TRD-202404480
Scott Freshour
General Counsel
Texas Medical Board
Earliest possible date of adoption: November 3, 2024
For further information, please call: (512) 305-7030