Legislative update TSBDE Sunset Commission Review

The Sunset Commission report that was released in 2016 had many dramatic changes as reported by Elyese Anderson, CDT (Past President and DLCC member) at the 2016 DLAT Membership meeting at the Annual Conference and Expo (I have embedded her presentation below). Of those changes that included a dramatic reduction in the TBDE board size was the expiring of the Hygenist and Dental Lab Advisory Groups as quoted below:

From the: Dental Board Staff Report with Commission Decisions

Issue 1

The Unusually Large Dental Board Inappropriately Focuses on Issues Unrelated

to Its Public Safety Mission.

A shift in responsibility for technical complaint reviews to a panel of contracted experts in 2013

significantly decreased the workload for dentist board members. With less to do, the board, at the behest

of dentist members, pursued significant rule changes more related to business practices than demonstrated

public safety problems and despite widespread concern by stakeholders and other interests and a lack

of broad consensus. Dentist members also continue their involvement in case resolution, ultimately

undermining those efforts. Better aligning the number of dentist board members with the amount of

technical expertise needed by the agency will help focus the board squarely on issues of public protection

and make better use of staff resources.

In addition, board processes for stakeholder input hold promise for improved involvement, eliminating

the need for two statutorily created advisory committees, the Dental Hygiene Advisory Committee and

the Dental Laboratory Certification Council. Removing advisory committees from statute will allow the

board more flexibility to convene more diverse groups of stakeholders for input on an as needed basis.

Key Recommendations

• Reduce the size of the board from 15 to nine members and adjust its composition to consist of four

dentists, two dental hygienists, and three public members.

• Allow the board’s statutory advisory groups to expire and direct the board to establish clearer processes

for stakeholder input in rule.

As you can see the recommendation is to let the TSBDE advisory groups expire this year. This will affect only the DLCC and not the mandatory requirement of Texas dental labs to register with the TBDE. The submitted registrations and renewals to the TSBDE will no longer be sent to a council of dental lab owners (DLCC) for review first. All Registrations and renewals will now be review by TSBDE staff only.

Also, Any legislation pertaining to the dental laboratory industry will no longer be submitted to the DLCC for review. Instead, they will use the Stakeholder method of getting input from the dental laboratory industry.

As quoted below from the TSBDE Sunset Advisory Response, the TSBDE acknowledges the importance of the DLCC. But takes no position on the recommendation.

RECOMMENDATION 1.2: Allow the board’s statutory advisory groups to expire and direct the

board to establish clearer processes for stakeholder input in rule.

The agency takes no position on this recommendation. While the agency acknowledges that

dental hygienists do have representation on the dental board, the Dental Hygiene Advisory

Committee (DHAC) has been underutilized. The current DHAC members are engaged and eager

to become more active. Unlike dental hygienists, dental laboratories have no representation on

the board. The Dental Laboratory Certification Council (DLCC) serves as the official

representation of dental laboratories in Texas before the board. Agency staff acknowledges that

DLCC members have essential experience and knowledge that is beneficial to the board and its

protection of the public. Agency staff also recognizes that the roles of DLCC members could be

refined in statute or rule to allow staff to facilitate routine license and renewal matters.

If the Legislature allows the statutory committees to expire, the agency will work with

stakeholder groups, including dental hygienists and dental laboratories when their expertise is

needed.

Members of the DLCC and other Dental Laboratories have sent in letters to the public comments area of the Sunset Advisory Commission Website. Brenda Tripplett and the other DLCC members (Elyese Anderson, Lee Anne Mixson-Sibila) have been monitoring the TSBDE and Sunset Commission over the past year, but have not been able to report many changes to the current situation.

DLAT is currently assisting as it can with this situation. We have reached out to Milton Pokladnik, of MCP Consultants, as a consultant we have formulated a plan of action but your input matters! If you got to this page via the Legislative Update email please make sure you choose "For" or "Against" the Sunset Advisory recommendation or you may do so below in the comments section.

Currently, the DLAT is waiting on the new Sunset Bill to be released so that we can review and see if the DLCC has officially been removed, we will update what we find.

We are also:

Collecting the consensus of the Texas Dental Laboratory Industry regarding pending legislation.
Writing talking points for when we visit legislators.
Consulting with NADL/NBC in preparation for any future legislative action.
Keeping an eye on all bills introduced regarding the Dental industry looking fo wordage that will affect us as a lab industry.

Here are some helpful links too:

Sunset Advisory Commission;

https://www.sunset.texas.gov/reviews-and-reports/agencies/state-board-dental-examiners-sbde

Texas Constitution and Statutes (The Dental Practice Act is under the Occupations Code of the Statutes):

http://www.statutes.legis.state.tx.us/?link=OC

Texas Administrative Code (TSBDE is under Title 22). All new Rules & Regulations voted on by the TSBDE reside here, BUT cannot override any statute.

http://texreg.sos.state.tx.us/public/readtac$ext.viewtac

Texas Secretary of State; You can find the Tx Administrative Code, the Texas Register, and Open Meetings here.

All TSBDE meetings must be posted here 7 days before the meeting date, and that includes their Agenda.

All New rules being considered by the TSBDE must be posted in the Texas Register and open for comment before they are voted on.

http://www.sos.texas.gov/texreg/index.shtml

Texas Legislature Online, where all info on Members of the House & Senate, Committees, and Bill Searching lives.