By Coleman                                      H.B. No. 2935

      75R8918 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the performance of certain dental procedures by dental

 1-3     hygienists and dental assistants.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 475, Acts of the 52nd Legislature,

 1-6     Regular Session, 1951 (Article 4551e, Vernon's Texas Civil

 1-7     Statutes), is amended by amending Section 1 and by adding Section

 1-8     3A to read as follows:

 1-9           Sec. 1.  DEFINITIONS.  The term "dental hygiene," and the

1-10     practice thereof as used in this Act shall mean and is hereby

1-11     defined as (a) the removal of accumulated matter, tartar, deposits,

1-12     accretions or stains, except mottled enamel stains, from the

1-13     natural and restored surfaces of exposed human teeth, and

1-14     restorations therefor in the human mouth, the smoothing of the

1-15     roughened root surfaces, and the polishing of said surfaces;  (b)

1-16     the making of topical application of drugs or pit and fissure

1-17     sealants to the surface tissues of the human mouth and to the

1-18     exposed surface of  human teeth; (c) the making of Dental X-rays;

1-19     and (d) such other services and procedures as may be prescribed by

1-20     the Texas State Board of  Dental Examiners in its Rules and

1-21     Regulations;  provided, however, that such services, tasks, or

1-22     procedures defined as dental hygiene are performed in compliance

1-23     with Section 3 of this Act [Article].

1-24           The term "dental hygienist," as used in this Act shall mean

 2-1     and is hereby defined as a person who practices "dental hygiene,"

 2-2     who possesses the qualifications prescribed by the laws of this

 2-3     State, and who possesses a valid license and current receipt by the

 2-4     Texas State Board of Dental Examiners to so practice.

 2-5           Sec. 3A.  EDUCATION REQUIREMENTS.  The Board may establish

 2-6     additional education requirements for the application of pit and

 2-7     fissure sealants that are consistent with this Act.

 2-8           SECTION 2.  Article 4551e-1, Revised Statutes, is amended by

 2-9     amending Subsection (b) and by adding Subsection (h) to read as

2-10     follows:

2-11           (b)  A person licensed to practice dentistry may delegate to

2-12     any qualified and properly trained dental assistant acting under

2-13     the dentist's supervision any dental act that a reasonable and

2-14     prudent dentist would find is within the scope of sound dental

2-15     judgment to delegate if, in the opinion of the delegating dentist,

2-16     the act can be properly and safely performed by the person to whom

2-17     the dental act is delegated and the act is performed in its

2-18     customary manner, not in violation of this Act or any other

2-19     statute, and the person to whom the dental act is delegated does

2-20     not hold himself out to the public as being authorized to practice

2-21     dentistry.  However, a dentist may not:

2-22                 (1)  delegate an act to an individual who, by order of

2-23     the Board, is prohibited from performing the act;

2-24                 (2)  delegate the performance of any of the following

2-25     acts to a person not licensed as a dentist or dental hygienist:

2-26                       (A)  the removal of calculus, deposits, or

2-27     accretions from the natural and restored surfaces of exposed human

 3-1     teeth and restorations in the human mouth;

 3-2                       (B)  root planing or the smoothing and polishing

 3-3     of roughened root surfaces [or exposed human teeth]; or

 3-4                       (C)  any other act the delegation of which is

 3-5     prohibited by the rules of the Board; or

 3-6                 (3)  delegate the performance of any of the following

 3-7     acts to a person not licensed as a dentist:

 3-8                       (A)  comprehensive examination or diagnosis and

 3-9     treatment planning;

3-10                       (B)  a surgical or cutting procedure on hard or

3-11     soft tissue;

3-12                       (C)  the prescription of a drug, medication, or

3-13     work authorization;

3-14                       (D)  the taking of an impression for a final

3-15     restoration, appliance, or prosthesis;

3-16                       (E)  the making of an intraoral occlusal

3-17     adjustment;

3-18                       (F)  the performance of direct pulp capping,

3-19     pulpotomy, or any other endodontic procedure;

3-20                       (G)  the final placement and intraoral adjustment

3-21     of a fixed or removable appliance;

3-22                       (H)  the placement of any final restoration; or

3-23                       (I)  the administration of a local anesthetic,

3-24     parenteral or inhalational sedative agent, or general anesthetic

3-25     agent.

3-26           (h)  A dentist may delegate to a dental assistant with two

3-27     years experience who has completed any education required by the

 4-1     Board under Subsection (d) of this Article the application of pit

 4-2     and fissure sealants under the supervision and direction of that

 4-3     dentist.

 4-4           SECTION 3.  This Act takes effect September 1, 1997.

 4-5           SECTION 4.  The importance of this legislation and the

 4-6     crowded condition of the calendars in both houses create an

 4-7     emergency and an imperative public necessity that the

 4-8     constitutional rule requiring bills to be read on three several

 4-9     days in each house be suspended, and this rule is hereby suspended.