1-1 By: Madla S.B. No. 1347
1-2 (In the Senate - Filed March 13, 1997; March 18, 1997, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 18, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 11, Nays 0; April 18, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Madla
1-7 Amend S.B. No. 1347 by adding a new SECTION 1 (Introduced version
1-8 page , line ) as follows and renumbering the existing sections
1-9 accordingly:
1-10 SECTION 1. Section 15, Chapter 475, Acts of the 52nd
1-11 Legislature, 1951 (Article 4551e, Vernon's Texas Civil Statutes),
1-12 is amended to read as follows:
1-13 Sec. 15. Exceptions. The provisions of this Act shall not
1-14 apply to: (1) dentists duly licensed and authorized to practice
1-15 dentistry within this state and who are actively engaged in such
1-16 practice except as provided in Section 3 of this Act;
1-17 (2) physicians and surgeons legally authorized to practice medicine
1-18 as defined by the law of this state; or (3) employees of a dentist
1-19 who make dental x-rays or who polish the coronal surfaces of
1-20 exposed human teeth in the dental office and under the supervision
1-21 of such dentist or dentists legally engaged in the practice of
1-22 dentistry in this state.
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to certain permitted duties of dental assistants.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Article 4551e-1, Revised Statutes, is amended by
1-28 amending Subsection (b) and adding Subsection (h) to read as
1-29 follows:
1-30 (b) A person licensed to practice dentistry may delegate to
1-31 any qualified and properly trained dental assistant acting under
1-32 the dentist's supervision any dental act that a reasonable and
1-33 prudent dentist would find is within the scope of sound dental
1-34 judgment to delegate if, in the opinion of the delegating dentist,
1-35 the act can be properly and safely performed by the person to whom
1-36 the dental act is delegated and the act is performed in its
1-37 customary manner, not in violation of this Act or any other
1-38 statute, and the person to whom the dental act is delegated does
1-39 not hold himself out to the public as being authorized to practice
1-40 dentistry. However, a dentist may not:
1-41 (1) delegate an act to an individual who, by order of
1-42 the Board, is prohibited from performing the act;
1-43 (2) delegate the performance of any of the following
1-44 acts to a person not licensed as a dentist or dental hygienist:
1-45 (A) the removal of calculus, deposits, or
1-46 accretions from the natural and restored surfaces of exposed human
1-47 teeth and restorations in the human mouth;
1-48 (B) root planing or the smoothing and polishing
1-49 of roughened root surfaces [or exposed human teeth]; or
1-50 (C) any other act the delegation of which is
1-51 prohibited by the rules of the Board; or
1-52 (3) delegate the performance of any of the following
1-53 acts to a person not licensed as a dentist:
1-54 (A) comprehensive examination or diagnosis and
1-55 treatment planning;
1-56 (B) a surgical or cutting procedure on hard or
1-57 soft tissue;
1-58 (C) the prescription of a drug, medication, or
1-59 work authorization;
1-60 (D) the taking of an impression for a final
1-61 restoration, appliance, or prosthesis;
1-62 (E) the making of an intraoral occlusal
1-63 adjustment;
1-64 (F) the performance of direct pulp capping,
2-1 pulpotomy, or any other endodontic procedure;
2-2 (G) the final placement and intraoral adjustment
2-3 of a fixed or removable appliance;
2-4 (H) the placement of any final restoration; or
2-5 (I) the administration of a local anesthetic,
2-6 parenteral or inhalational sedative agent, or general anesthetic
2-7 agent.
2-8 (h) A person licensed to practice dentistry may delegate to
2-9 a dental assistant with two years' experience who has completed
2-10 training and certification prescribed by the Board the act of
2-11 application of pit and fissure sealants under the supervision,
2-12 direction, and responsibility of the delegating dentist.
2-13 SECTION 2. This Act takes effect September 1, 1997.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.
2-19 * * * * *