HBA-NMO H.B. 3533 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3533
By: Coleman
Public Health
4/13/1999
Introduced

BACKGROUND AND PURPOSE 

Current law does not authorize a dental hygienist to administer a local
anesthetic or nitrous oxide. While the administration of a local anesthetic
and nitrous oxide are serious procedures, requiring significant education
and training, the law authorizes nurses with general education and training
requirements similar to those of dental hygienists to perform similar
anesthetic activities. 

The law also does not specifically authorize a dental hygienist to apply
pit and fissure sealants or place a sub-gingival material containing
medicaments.  Dental hygienists, as approved by the Texas State Board of
Dental Examiners (board), perform both procedures frequently. 

H.B. 3533 includes in the definition of  "dental hygiene" the topical
application of pit and fissure sealants, including the sub-gingival
placement of materials containing medicaments; and the administration of a
local anesthetic or nitrous oxide.  This bill also authorizes the board,
with the advice of the dental hygiene advisory committee, by rule, to
establish additional education or training requirements for such
procedures; and a dentist to delegate to a dental hygienist the authority
to administer a local anesthetic agent or nitrous oxide if the dental
hygienist is authorized by the board to perform that procedure. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that additional
rulemaking authority is expressly delegated to the Texas State Board of
Dental Examiners in SECTION 1 (Section 3A, Article 4451e, V.T.C.S.) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 4451e, V.T.C.S., by amending Section 1 and
adding Section 3A, as follows: 

Sec. 1.  Includes in the definition of "dental hygiene" the making of a
topical application of pit and fissure sealants, including the sub-gingival
placement of materials containing medicaments; and the administration of a
local anesthetic or nitrous oxide.  Makes conforming and nonsubstantive
changes. 

Sec. 3A.  Authorizes the Texas State Board of Dental Examiners (board),
with the advice of the dental hygiene advisory committee, by rule, to
establish additional education or training requirements for the topical
application of pit and fissure sealants, the sub-gingival placement of
materials containing medicaments, or the administration of a local
anesthetic or nitrous oxide.  

SECTION 2.  Amends Article 4551e-1, V.T.C.S., by adding Subsection (h), as
follows: 

(h) Authorizes a dentist to delegate to a dental hygienist the authority to
administer a local anesthetic agent or nitrous oxide if the dental
hygienist is authorized by the board to perform that procedure. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.