Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Coleman H.B. No. 3257
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the performance of certain dental procedures by dental
1-3 hygienists.
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, including the subgingival
1-19 placement of material containing medicaments; (c) the making of
1-20 Dental X-rays; [and] (d) the administering of a local anesthetic
1-21 or nitrous oxide; and (e) such other services and procedures as may
1-22 be prescribed by the Texas State Board of Dental Examiners in its
1-23 Rules and Regulations; provided, however, that such services,
1-24 tasks, or procedures defined as dental hygiene are performed in
2-1 compliance with Section 3 of this Act [Article].
2-2 The term "dental hygienist," as used in this Act shall mean
2-3 and is hereby defined as a person who practices "dental hygiene,"
2-4 who possesses the qualifications prescribed by the laws of this
2-5 State, and who possesses a valid license and current receipt by the
2-6 Texas State Board of Dental Examiners to so practice.
2-7 Sec. 3A. EDUCATION REQUIREMENTS. The Board may establish
2-8 additional education requirements for the application of pit and
2-9 fissure sealants, the placement of subgingival materials containing
2-10 medicaments, or the administration of a local anesthetic or nitrous
2-11 oxide, consistent with the procedures of Section 4A of this Act.
2-12 SECTION 2. Subsection (b), Article 4551e-1, Revised
2-13 Statutes, is amended to read as follows:
2-14 (b) A person licensed to practice dentistry may delegate to
2-15 any qualified and properly trained dental assistant acting under
2-16 the dentist's supervision any dental act that a reasonable and
2-17 prudent dentist would find is within the scope of sound dental
2-18 judgment to delegate if, in the opinion of the delegating dentist,
2-19 the act can be properly and safely performed by the person to whom
2-20 the dental act is delegated and the act is performed in its
2-21 customary manner, not in violation of this Act or any other
2-22 statute, and the person to whom the dental act is delegated does
2-23 not hold himself out to the public as being authorized to practice
2-24 dentistry. However, a dentist may not:
2-25 (1) delegate an act to an individual who, by order of
2-26 the Board, is prohibited from performing the act;
2-27 (2) delegate the performance of any of the following
2-28 acts to a person not licensed as a dentist or dental hygienist:
2-29 (A) the removal of calculus, deposits, or
2-30 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) the administration of a local anesthetic or
3-5 nitrous oxide; or
3-6 (D) any other act the delegation of which is
3-7 prohibited by the rules of the Board; or
3-8 (3) delegate the performance of any of the following
3-9 acts to a person not licensed as a dentist:
3-10 (A) comprehensive examination or diagnosis and
3-11 treatment planning;
3-12 (B) a surgical or cutting procedure on hard or
3-13 soft tissue;
3-14 (C) the prescription of a drug, medication, or
3-15 work authorization;
3-16 (D) the taking of an impression for a final
3-17 restoration, appliance, or prosthesis;
3-18 (E) the making of an intraoral occlusal
3-19 adjustment;
3-20 (F) the performance of direct pulp capping,
3-21 pulpotomy, or any other endodontic procedure;
3-22 (G) the final placement and intraoral adjustment
3-23 of a fixed or removable appliance;
3-24 (H) the placement of any final restoration; or
3-25 (I) the administration of a [local anesthetic,]
3-26 parenteral or inhalational sedative agent other than nitrous oxide,
3-27 or general anesthetic agent.
3-28 SECTION 3. This Act takes effect September 1, 1997.
3-29 SECTION 4. The importance of this legislation and the
3-30 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.