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.

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