Texas State Board of Dental Examiners (TSBDE) is subject to abolishment on Sept. 1, 2017, under
the Texas Sunset Act, unless continued by the Texas legislature. In January 2017,
Sunset Advisory Commission, after receiving
public testimony on its original report outlining changes to the TSBDE,
released a second
report revising its recommendations.
March 6, two bills were filed that would implement changes to the TSBDE as
proposed by the Commission: HB
2990, sponsored by Commission member state Rep. Cindy
Burkett (R-TX), and companion bill SB 313, sponsored by Commission member state
Sen. Schwertner, M.D., (R-TX) along with four other cosponsors. On April 3, the
Committee on Health and Human Services approved CSSB
313 by a unanimous vote. The legislation, as amended,
addresses policy issues differently from current law by proposing the
- Continuing the TSBDE for 12 years.
- Reducing the size of the TSBDE from 15 to 11
- Prohibiting a dental assistant, unless the dental
assistant is properly registered, from making a dental x-ray or monitoring the
administration of nitrous oxide.
- Authorizing the TSBDE to conduct risk-based
inspections of dentists administering anesthesia in office settings.
- Clarifying the TSBDE’s authority to regulate
parenteral—or intravenous—anesthesia, in addition to enteral—or
- Establishing permits for the administration of
nitrous oxide and four levels of sedation or anesthesia and requiring TSBDE to
establish minimum standards, education, and training for permit holders.
- Defining pediatric and high-risk patients and
requiring additional training on anesthesia administration for those patients.
- Requiring the TSBDE to ensure that dentists with an
anesthesia permit maintain written emergency management plans and establish minimum
emergency preparedness standards before administering anesthesia.
- Creating a standing advisory committee on dental
anesthesia to analyze data and trends concerning anesthesia-related incidents.
Prescription Drug Monitoring
- Requiring the TSBDE to query the Texas Prescription
Monitoring Program for potentially harmful prescribing patterns among its
- Requiring dentists to review a patient’s
prescription history before prescribing certain drugs.
Licensing and Other Issues
- Providing more detailed language on structure and
conduct of informal proceedings.
- Creating a dental review committee consisting of
nine governor-appointed members to serve at informal settlement conferences on
a rotating basis.
- Updating licensing and enforcement processes that
have not kept up with best practices.
works by setting a date on which an agency is abolished unless the Legislature
passes a bill to continue it. Sunset staff evaluates the agency and issues
recommendations for positive change. The Commission considers the
recommendations, hears public testimony and decides on a package of changes to
bring to the full Legislature.