By:  Madla                                   S.B. No. 1347

         97S0786/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to certain permitted duties of dental assistants.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Article 4551e-1, Revised Statutes, is amended by

 1-4     amending Subsection (b) and adding Subsection (h) to read as

 1-5     follows:

 1-6           (b)  A person licensed to practice dentistry may delegate to

 1-7     any qualified and properly trained dental assistant acting under

 1-8     the dentist's supervision any dental act that a reasonable and

 1-9     prudent dentist would find is within the scope of sound dental

1-10     judgment to delegate if, in the opinion of the delegating dentist,

1-11     the act can be properly and safely performed by the person to whom

1-12     the dental act is delegated and the act is performed in its

1-13     customary manner, not in violation of this Act or any other

1-14     statute, and the person to whom the dental act is delegated does

1-15     not hold himself out to the public as being authorized to practice

1-16     dentistry.  However, a dentist may not:

1-17                 (1)  delegate an act to an individual who, by order of

1-18     the Board, is prohibited from performing the act;

1-19                 (2)  delegate the performance of any of the following

1-20     acts to a person not licensed as a dentist or dental hygienist:

1-21                       (A)  the removal of calculus, deposits, or

1-22     accretions from the natural and restored surfaces of exposed human

1-23     teeth and restorations in the human mouth;

 2-1                       (B)  root planing or the smoothing and polishing

 2-2     of roughened root surfaces [or exposed human teeth]; or

 2-3                       (C)  any other act the delegation of which is

 2-4     prohibited by the rules of the Board; or

 2-5                 (3)  delegate the performance of any of the following

 2-6     acts to a person not licensed as a dentist:

 2-7                       (A)  comprehensive examination or diagnosis and

 2-8     treatment planning;

 2-9                       (B)  a surgical or cutting procedure on hard or

2-10     soft tissue;

2-11                       (C)  the prescription of a drug, medication, or

2-12     work authorization;

2-13                       (D)  the taking of an impression for a final

2-14     restoration, appliance, or prosthesis;

2-15                       (E)  the making of an intraoral occlusal

2-16     adjustment;

2-17                       (F)  the performance of direct pulp capping,

2-18     pulpotomy, or any other endodontic procedure;

2-19                       (G)  the final placement and intraoral adjustment

2-20     of a fixed or removable appliance;

2-21                       (H)  the placement of any final restoration; or

2-22                       (I)  the administration of a local anesthetic,

2-23     parenteral or inhalational sedative agent, or general anesthetic

2-24     agent.

2-25           (h)  A person licensed to practice dentistry may delegate to

 3-1     a dental assistant with two years' experience who has completed

 3-2     training and certification prescribed by the Board the act of

 3-3     application of pit and fissure sealants under the supervision,

 3-4     direction, and responsibility of the delegating dentist.

 3-5           SECTION 2.  This Act takes effect September 1, 1997.

 3-6           SECTION 3.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended.