Info about state or federal regulatory proceedings

Editor’s Corner January 2015

DSOs and the State Board

Love them or hate them, DSOs (dental support or dental service organizations) are part of our profession, and recent action by the TSBDE looks like they will remain so for the time being.  In September of 2014, the TSBDE proposed new rules (108.70 and 108.74) that would have strictly limited a dentist’s ability to work for/with a DSO.

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City Council

An email was sent to each of the Austin City Council Candidates before the December run-off elections asking for their position on the continuation of community water fluoridation.  Although several responses were received, only one of those respondents was elected to the Council.

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Update on Dental Treatment of Sleep Disorders

Sent on behalf of the Texas Dental Association’s Department of Legislative & Regulatory Affairs
Re: 22 Texas Administrative Code (TAC) §108.12 Dental Treatment of Sleep Disorders
On November 25, 2014, the Texas Medical Association (TMA) filed suit in Travis County District Court against the Texas State Board of Dental Examiners. The suit is a substantive challenge, by declaratory judgment, to the validity of 22 TAC §108.12 Dental Treatment of Sleep Disorders arguing that the rule interferes and impairs the legal rights and privileges of TMA members.

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A Report from the 2014 ADA House of Delegates

The 2014 American Dental Association Annual Session was held in San Antonio on October 9th– 14th and the House of Delegates met during the session. Several resolutions were passed, some defeated; the following is a short summary of the actions.

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Editor’s Corner November 2014

The EPA and Amalgam Separators

The Environmental Protection Agency has recently proposed a rule that, if passed, will require dental offices to install amalgam separators. Mercury contamination into the environment is seen by the EPA as an ongoing problem. According to the Agency, dentists are the main source of mercury discharges into publicly owned water treatment works (POTW).

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Updates on Combination Hydrocodone Drugs

The Drug Enforcement Agency (DEA) issued a final rule on Friday, August 22, 2014, rescheduling hydrocodone combination products (HCPs) from Schedule III to Schedule II of the Controlled Substance Act. The new rule takes effect October 6, 2014 — 45 days from publication. HCPs are pharmaceutical drugs containing hydrocodone in certain combinations with other drugs. Common names include: Vicodin ®, Lortab ®, Hycodan ®, and several generics.

For more information, Please visit :

TSBDE proposed rule 108.15

TSBDE proposed rule 108.15, pertaining to notification of patients for discontinuance of practice, has been updated and published in the July 4th edition of the Texas Register.  Written comments to the Board are encouraged and accepted until August 3rd. The next TSBDE board meeting will take place on August 8th if you are interested in verbal comment.

Visit and go to page 5034 to see the latest version of the proposed rule.

HR 4395-Action for Dental Health Act 2014

If Passed, HR 4395, the Action for Dental Health Act, will provide up to $20 million annually in grant money to fund access to care programs in the United States. Use the Bill Tracker feature below to follow the progress of the bill.

TSBDE extends deadline for HB3201 – ALL Texas licensed dentists


Don’t forget to fill out the Dental License Renewal Questionnaire as required by the Texas State Board of Dental Examiners (HB 3201) by AUGUST 31, 2014.  Please Click Here for more information.


New Levy on Medical Devices effective 1/1/13

Sally C. Pipes wrote in Forbes on May 16, 2011 that a 2.3% levy on medical devices is expected to generate $20 Billion over the next decade. The tax goes into effect January 1, 2013. The tax is part of the Patient Protection & Affordable Care Act (PPACA) that was signed into law by President Obama on March 23, 2010.

Richard Foster is the chief actuary for Medicare and Medicaid. He reported that the tax will increase national Read more