AGENCY STRATEGIC PLAN FISCAL YEARS 2017 2021

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TEXAS STATE BOARD OF DENTAL EXAMINERSAGENCY STRATEGIC PLANFISCAL YEARS 2017 – 2021

AGENCY STRATEGIC PLANFISCAL YEARS 2017 – 2021TEXAS STATE BOARD OF DENTAL EXAMINERSBoard MemberDates of 620132014Steven J. AustinKirby Bunel, Jr.Emily W. ChristyRenée S. Cornett, RDHD. Bradley DeanDiane M. Garza, PHDBryan N. Henderson, IIChristie M. LeedyTimothy J. O’Hare, JDLois M. Palermo, RDHJorge E. QuirchM. David TillmanRichard D. Villa, JDLewis M. White, JDJason A. Zimmerman̶ 2019̶ 2019̶ 2017̶ 2021̶ 2017̶ 2017̶ 2021̶ 2017̶ 2019̶ 2019̶ 2021̶ 2021̶ 2021̶ 2019̶ 2017HometownAmarillo, TexasTexarkana, TexasSan Antonio, TexasAustin, TexasFrisco, TexasBrownsville, TexasDallas, TexasAbilene, TexasSouthlake, TexasLeague City, TexasMissouri City, TexasAledo, TexasAustin, TexasKaty, TexasKeller, TexasDATE OF SUBMISSION:June 30, 2016Kelly Parker, Executive DirectorSteven J. Austin, DDS, Presiding Officer

TABLE OF CONTENTSI.Strategic PlanIntroduction, Agency Mission1Assessment of Issues and Trends2GOAL 1: Licensing – Anesthesia Permits2Specific Action Items Necessary in Achieving Goal3Describe how your Goal or Action Item Supports each Statewide Objective3GOAL 2: Enforcement – Enhancing Enforcement Efforts3Specific Action Items Necessary in Achieving Goal4Describe how your Goal or Action Item Supports each Statewide Objective4GOAL 3: Increasing Overall Agency Efficiency4Specific Action Items Necessary in Achieving Goal5Describe how your Goal or Action Item Supports each Statewide Objective5GOAL 4: Increasing the support of our board members, in their roles, by providingadded help and guidanceSpecific Action Items Necessary in Achieving Goal6Describe how your Goal or Action Item Supports each Statewide Objective6Texas State Board of Dental Examiners Redundancies and ImpedimentsII.57Supplemental ElementsSchedule A: Budget Structure9Schedule B: Performance Measure Definitions10Schedule C: Historically Underutilized Business Plan18Schedule D. Statewide Capital Planning19Schedule E. Health and Human Services Strategic Planning20Schedule F. Agency Workforce Plan and the Texas Workforce SystemStrategic Plan21Schedule G. Report on Customer Service25Schedule H. Assessment of Advisory Committees40

Texas State Board of Dental ExaminersI.Strategic PlanIntroductionThe regulation of dentistry continues to evolve in response to the enactment of key legislationand factors influencing the dental industry. The Texas State Board of Dental Examiners will actwith the highest standard of ethics, accountability, efficiency, transparency andresponsiveness. We will preserve the public trust by regulating the practice of dentistry with asense of purpose and responsibility and in a fair and impartial manner. We will commit toexcellence and professionalism in responding to the needs of the public and the regulatedprofession that we serve.Note: TSBDE is currently undergoing Sunset Review and anticipate a “Sunset bill” in the 85thRegular Texas Legislative Session in 2017. It is significant to note that some strategicinitiatives identified in this plan may be changed, amended or terminated based on legislativedirection and guidance throughout the legislative sunset process. The TSBDE also looksforward to legislative recommendations that will increase operational and program efficiencies.Agency MissionThe Mission of the Texas State Board of Dental Examiners is to protect the public health andsafety and promote high quality and safe dental care by providing licensing, enforcement, peerassistance, and related information services to licensees and their patients. The TexasOccupations Code, Title 3, Subtitle D, Chapters 251 et. seq., (Dental Practice Act) defines thepractice of dentistry and charges the Board with the responsibility for regulation of suchpractice. General rulemaking authority is granted to the Board under Section 254.001 of theDental Practice Act, and authority to address specific subjects is granted throughout the DentalPractice Act. Further, the Texas Health and Safety Code, Title 6, Chapter 467, PeerAssistance Program, authorizes the Board to contract with and make peer assistance servicesavailable to licensees. The Board is supported in its mission by agency staff.The agency’s operational goals efficiently and effectively support the agency’s mission toprotect the public and enhance public safety. The agency carries out this mission by doing thefollowing:Page 1

1.Licensing. The Board protects the public health and safety by promoting high qualityeducational requirements for licensure, and requiring annual renewal of licensure with annualcontinuing education for all dentists, dental hygienists and dental assistants. The LicensingDivision issues licenses to dentists and dental hygienists. Certificates are issued to dentalassistants who meet particular educational requirements for radiology, coronal polishing, pitand fissure, and sealants. The Licensing Division also issues anesthesia permits to qualifieddentists.2.Enforcement. The Board protects the public health and safety by enforcing the Act andensuring safe dental care by, investigating allegations of potential violations of the Act,prosecuting licensees who are found to have violated the Act, and enforcing compliance withthe requirements of disciplinary actions and laws affecting the practice of dentistry in Texas.3.Peer Assistance. The Board protects the public health and safety by working with theProfessional Recovery Network to identify, monitor, and assist with locating appropriatetreatment for those dental professionals whose practice is impaired or suspected of beingimpaired by chemical dependency, mental illness or diminished mental capacity so that theymay return to practice safe dentistry.4.Providing Information. The Board protects the public health and safety by increasingpublic education by serving as the source of information to the public, the profession, andgovernmental entities, as well as adhering to all mandated reporting requirements under stateand federal law. Public information is a powerful vehicle for improving dental safety awareness.Assessment of Issues and TrendsA thorough analysis was conducted of the board’s past Strategic Plan and considered whenassessing strategic goals. An internal assessment revealed the need for the following strategicgoals for this plan: anesthesia permits, enhancing enforcement efforts, increasing overallagency efficiency, and increasing the support of our board members in their roles, byenhancing board training and guidance.GOAL 1: Licensing – Anesthesia PermitsThe primary operational goal of this Board is to establish and maintain high quality educationalrequirements, for licensure in the dental field, require annual renewal of licensure with annualcontinuing education requirements. The Licensing Division issues certificates to dentalassistants who meet particular educational requirements for radiology, coronal polishing, pitand fissure, and sealants. The Licensing Division also issues anesthesia permits to qualifieddentists.Dental office anesthesia poses a risk of negative patient outcomes, especially in emergencysituations. Dental anesthesia is very safe but there is always a chance of an adverse outcomePage 2

because different individuals react differently to anesthesia. Therefore, dentists need to bequalified to handle emergency situations in the best interest of public protection. The TSBDEis accountable to the tax and fee payers of Texas, to guarantee that dentists, who holdanesthesia privileges are educated, competent and undergo a comprehensive screeningprocess to obtain an anesthesia permit.Specific Action Items Necessary in Achieving Goal:1.2.3.4.5.6.7.Review, revise and enhance requirements of anesthesia applicants.Review or audit both initial and renewal courses focused on dental anesthesia.Rule review of anesthesia permit requirements.Rule review of annual anesthesia continuing education requirements.Implement required written emergency preparedness plans.Strengthen the agency’s ability to track adverse outcomes related to dental anesthesia.Continue to monitor trends in the dental anesthesia field with continued efforts of theAnesthesia Committee and other important stakeholders.Describe how your Goal or Action Item Supports each Statewide Objective:TSBDE is accountable to the regulated dental community and citizens of Texas by providingeffective and efficient proactive licensing and permitting processes. We value innovation andcontinuous improvement to optimize processes and procedures and minimize waste. Weactively monitor proactive measures to eliminate redundancy. TSBDE believes that engagingstakeholders will provide exemplary assistance and information for anesthesia decisions andor actions led by the board in the future. Due to the nature of this essential function, theseactions will be ongoing through August 2021.GOAL 2: Enforcement – Enhancing Enforcement EffortsAnother, yet equally important operational goal of this agency is establishing and maintainingstandards for the practice of dentistry as contemplated under the Act, as well as theenforcement of those standards together with various other laws governing the practice ofdentistry in Texas.The Investigations Division is charged with investigating all jurisdictional complaints filed withthe agency, assisting the Legal Division in the prosecution of the complaints through informalor formal disciplinary means as provided by applicable statutes, pursuing compliance withdisciplinary actions and conditions as set forth for each disciplinary case, and interacting withthe public, professional societies, dental schools, state regulatory and/or federal agencies.In the 83rd Legislative Session, The Dental Practice Division was created to review standard ofcare cases. The framework for the program was in place as of December 2013. The initialgroup of DRP members completed training and began reviewing cases as of February 2014.Page 3

However, because of its youth, the program is too young for a truly meaningful datacomparison and statistical analysis of the program.Specific Action Items Necessary in Achieving Goal:First and foremost, the Board’s enforcement functions are accountable to the tax and feepayers of Texas not only through the biennial legislative process, but also by virtue of theaccessible nature of upper level management (e.g. the Executive Director and GeneralCounsel). The Board also remains accountable by virtue of an individual’s right to petition bothstate and federal courts for any relief allowed under law. As a government agency, we need toprovide the public with swift, fair, and efficient enforcement of the Act. The specific actions weintend to take are as follows:1. Investigate and reach final resolution of reported violations of the Act in a swift and timelyperiod.2. Increase our efficiency as an agency to reach our goal performance measures for days tocase resolution. Increased oversight of the investigations division will create a micromechanism to have a specific focus on the full implementation and use of the toolsprovided through HB3201, including tracking of data (both violations and allegations) forbetter reporting to the board and public along with the benefit to monitor trends andultimately meet our performance measures.3. Promote compliance of licensed dental professionals under Board Orders.4. Review and revise the Disciplinary Matrix along with publishing it in the rules of the Board.Describe how your Goal or Action Item Supports each Statewide Objective:TSBDE is accountable to the regulated community and citizens of Texas by effectively andEfficiently enforcing the Act. We value modernization and intend to implement same in ourInvestigations Division. TSBDE strives for exemplary service, clarity, and ease of use in all ofour customer interactions, and each action item above is focused on maintainingaccountability, high standards and finding new ways to increase agency efficiency. Due to thenature of this core agency function, these action items will be ongoing through August 31,2021.GOAL 3: Increasing Overall Agency EfficiencyA third strategic goal of this agency is increasing overall agency efficiency. As an agency, weencourage overall agency efficiency by providing for staff needs and professionaldevelopment, to build an engaged and productive workforce. We strive to improve all agencyprocesses and procedures by employing and building upon the latest technology andcontinuous technology projects.Page 4

Specific Action Items Necessary in Achieving Goal:1. Employee Training ‐ Provide employees applicable training for professional andpersonal growth.2. Internal Communications ‐ Enhance internal communications, between divisions and staff,within the agency. Encouraging constant internal communications will increaseorganizational engagement.3. Work Place Improvements ‐ Ensure a well‐maintained, safe, and healthy physicalenvironment.4 Enhancing digital services - Expanding the use of digital services for a more efficient workenvironment and to reduce the intense level of manual work required of minimally staffeddivisions (e.g., VOIP phone system, Papervision database, and online CE audits.)5. Reducing employee turnover - Establishing a budget for merit salary increases asneeded for deserving and competent staff to ensure the agency is able to retain thoseindividuals capable of achieving agency goals. Merit salary increases will also assist theagency with replacing those staff with equally competent individuals as they retire orleave employment with the agency.6. Increasing transparency - Increasing transparency by the use of stakeholder andworkgroup meetings, increasing public information by updating our websites, ourFacebook page, and quarterly newsletters.7. Promote and increased communication with legislators and other government agencies.Describe how your Goal or Action Item Supports each Statewide Objective:TSBDE is accountable to the regulated community and citizens of Texas by providing effectiveand efficient processes through an engaged and high performing workforce. We valueinnovation and continuous improvement to augment processes and procedures and reducewaste and eliminate redundancy and actively monitor performance measures related to ourworkforce. TSBDE believes that an engaged workforce will provide exemplary service andvalue to our applicants, licensees, and the public and each item above is focused onmaintaining the highest standards. Due to the nature of this core agency function, these actionitems will be ongoing through August 31, 2021.GOAL 4: Increasing the support of our board members in their roles, by enhancingboard training and guidance.A fourth strategic goal of this agency is increasing the support of our board members, in theirroles, by providing added help and guidance. As an agency, we encourage board members touse their professional experience to guide the protection of the public. Agency staff is confidentthat with increasing Board training and education, including annual trainings, regarding theroles, duties and authority of board members will greatly impact the Board’s ability to focus onthe ultimate mission - public protection.Page 5

Specific Action Items Necessary in Achieving Goal:1.2.3.4.Propose and use rules regarding the role of the board member committees.Clarify the use and role of board members at informal settlement conferences.Conduct annual trainings for new board members.Create and maintain a board member manual outlining expectations when serving as adental board member.Describe how your Goal or Action Item Supports each Statewide Objective:TSBDE is accountable to the regulated community and citizens of Texas by effectively andefficiently enforcing the Act. The Agency relies heavily on the expertise and experience of itsdentist board members to staff essential procedural matters such as Informal SettlementConferences and Emergency Suspension Hearings along with participating in examinationsthrough the Western Regional Examining Board (WREB) in addition to regularly scheduledboard meetings. We value consistency and intend to implement same when assisting ourboard members so that they may ultimately and unbiasedly represent the dental professionalsof Texas. TSBDE strives for exemplary service, clarity, and ease of use in all of our customerinteractions, and each action item above is focused on maintaining accountability, highstandards and finding new ways to increase agency efficiency. Due to the nature of this coreagency function, these action items will be ongoing through August 31, 2021.Page 6

Texas State Board of Dental Board ExaminersRedundancies and ImpedimentsNo other agency has jurisdiction over a dentist’s license to practice dentistry in Texas. Whileother agencies may investigate similar cases and similar allegations, the authority to takeaction on the dentist’s license rests wholly with this agency. In addition, the agency worksclosely with other agencies to be sure that when this agency’s casework overlaps with anotheragency, the agencies coordinate, rather than duplicate their efforts.For instance, the investigation and prosecution of Medicaid fraud falls under the authority andresponsibility of the Health and Human Services Commission (HHSC) Office of the InspectorGeneral (OIG). However, the Board does have the authority to take action on a dentist’slicense based on the dentist’s bad conduct within the Medicaid program. While the Board’sauthority to take action exists, the Board’s ability to take action against a dental license forMedicaid fraud hinges entirely on the findings made by HHSC or by a criminal court. It is acommon misunderstanding that the Board has the independent authority to take action on anallegation of Medicaid fraud. Because of this, the Board does not independently investigateallegations of Medicaid fraud, but will pursue action against a license if a finding of Medicaidfraud results from another agency’s investigation.HHSC and the OIG can also suspend Medicaid privileges and request reimbursement forMedicaid fraud. The Board’s ability to take action against the dental license for Medicaid fraudis distinct because it implicates the licensure of the dentist, whereas HHSC actions affect thedentist’s ability to continue to be a Medicaid provider.Similarly, the DEA and DPS can take action against a dentist’s DEA/DPS permits for theprescribing of controlled substances when the holder of the permit violates prescribing laws.The Board can also take disciplinary action against the dentist’s license for similar violations.Often, the Board’s investigators work with DEA/DPS investigators on prescription abuseinvestigations. The Board’s disciplinary action in this case is distinct from that of DEA/DPSbecause it implicates the dentist’s license and additionally considers whether or not the dentistis habitually intemperate in the use of drugs (e.g. if the dentist is self-prescribing for non-dentalpurposes).In the 83rd legislative session, the legislature tasked the Board with collecting informationconcerning Dental Service Organizations (DSOs). This directive was to gather information anddid not require the agency to license or register the entities. In the 84th legislative session, thelegislature tasked the Secretary of State with registering DSOs that operate in Texas. Thesefunctions overlap to a certain degree; however, the recent legislation of SB 519, requires theBoard and the Secretary of State enter a Memorandum of Understanding in order to enablebest use of the information collected and preclude overlapping functions. The agency wouldnot oppose modification of Section 254.019 of the DPA to ensure the agency does notduplicate the work done by the Office of the Secretary of State.Page 7

II.Supplemental ElementsSchedule A: Budget StructureSc

Dr. D. Bradley Dean 2011 ̶2017 Frisco, Texas Ms. Diane M. Garza, PHD 2016 ̶2017 Brownsville, Texas Dr. Bryan N. Henderson, II 2016 ̶2021 Dallas, Texas Dr. Christie M. Leedy 2011 ̶2017 Abilene, Texas Mr. Timothy J. O’Hare, JD 2013 ̶2019 Southlake, Texas Ms. Lois M. Palermo, RDH 2013 ̶2019 League City, Texas

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