By Coleman                                            H.B. No. 3533
         76R8492 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of the practice of dental hygiene.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 475, Acts of the 52nd Legislature,
 1-5     Regular Session, 1951 (Article 4551e, Vernon's Texas Civil
 1-6     Statutes), is amended by amending Section 1 and adding Section 3A
 1-7     to read as follows:
 1-8           Sec. 1.  The term "dental hygiene," and the practice thereof
 1-9     as used in this Act shall mean and is hereby defined as (a) the
1-10     removal of accumulated matter, tartar, deposits, accretions or
1-11     stains, except mottled enamel stains, from the natural and restored
1-12     surfaces of exposed human teeth, and restorations therefor in the
1-13     human mouth, the smoothing of the roughened root surfaces, and the
1-14     polishing of said surfaces; (b) the making of topical application
1-15     of drugs or pit and fissure sealants to the surface tissues of the
1-16     human mouth and to the exposed surface of human teeth, including
1-17     the sub-gingival placement of materials containing medicaments; (c)
1-18     the administration of a local anesthetic or nitrous oxide; (d) the
1-19     making of Dental X-rays; and (e) [(d)] such other services and
1-20     procedures as may be prescribed by the Texas State Board of Dental
1-21     Examiners in its Rules and Regulations; provided, however, that
1-22     such services, tasks, or procedures defined as dental hygiene are
1-23     performed in compliance with Section 3 of this Act [Article].
1-24           The term "dental hygienist," as used in this Act shall mean
 2-1     and is hereby defined as a person who practices "dental hygiene,"
 2-2     who possesses the qualifications prescribed by the laws of this
 2-3     State, and who possesses a valid license and current receipt by the
 2-4     Texas State Board of Dental Examiners to so practice.
 2-5           Sec. 3A.  With the advice of the dental hygiene advisory
 2-6     committee, the Board by rule may establish additional education or
 2-7     training requirements for:
 2-8                 (1)  the topical application of pit and fissure
 2-9     sealants;
2-10                 (2)  the sub-gingival placement of materials containing
2-11     medicaments; or
2-12                 (3)  the administration of a local anesthetic or
2-13     nitrous oxide.
2-14           SECTION 2.  Article 4551e-1, Revised Statutes, is amended by
2-15     adding Subsection (h) to read as follows:
2-16           (h)  Notwithstanding Subsection (b)(4) of this Act, a dentist
2-17     may delegate to a dental hygienist the authority to administer a
2-18     local anesthetic agent or nitrous oxide if the dental hygienist is
2-19     authorized by the Board to perform that procedure.
2-20           SECTION 3.  This Act takes effect September 1, 1999.
2-21           SECTION 4.  The importance of this legislation and the
2-22     crowded condition of the calendars in both houses create an
2-23     emergency and an imperative public necessity that the
2-24     constitutional rule requiring bills to be read on three several
2-25     days in each house be suspended, and this rule is hereby suspended.