By Madla S.B. No. 114
77R631 MXM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to delegation of certain acts by dentists.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 258.001, Occupations Code, is amended to
1-5 read as follows:
1-6 Sec. 258.001. IMPERMISSIBLE DELEGATIONS. A dentist may not
1-7 delegate:
1-8 (1) an act to an individual who, by board order, is
1-9 prohibited from performing the act;
1-10 (2) any of the following acts to a person not licensed
1-11 as a dentist or dental hygienist:
1-12 (A) the removal of calculus, deposits, or
1-13 accretions from the natural and restored surfaces of exposed human
1-14 teeth and restorations in the human mouth;
1-15 (B) root planing or the smoothing and polishing
1-16 of roughened root surfaces [or exposed human teeth]; or
1-17 (C) any other act the delegation of which is
1-18 prohibited by board rule;
1-19 (3) any of the following acts to a person not licensed
1-20 as a dentist:
1-21 (A) comprehensive examination or diagnosis and
1-22 treatment planning;
1-23 (B) a surgical or cutting procedure on hard or
1-24 soft tissue;
2-1 (C) the prescription of a drug, medication, or
2-2 work authorization;
2-3 (D) the taking of an impression for a final
2-4 restoration, appliance, or prosthesis;
2-5 (E) the making of an intraoral occlusal
2-6 adjustment;
2-7 (F) direct pulp capping, pulpotomy, or any other
2-8 endodontic procedure;
2-9 (G) the final placement and intraoral adjustment
2-10 of a fixed or removable appliance; or
2-11 (H) the placement of any final restoration; or
2-12 (4) the authority to an individual to administer a
2-13 local anesthetic agent, inhalation sedative agent, parenteral
2-14 sedative agent, or general anesthetic agent if the individual is
2-15 not licensed as:
2-16 (A) a dentist with a permit issued by the board
2-17 for the procedure being performed, if a permit is required;
2-18 (B) a certified registered nurse anesthetist
2-19 licensed by the Board of Nurse Examiners, only if the delegating
2-20 dentist holds a permit issued by the board for the procedure being
2-21 performed, if a permit is required; or
2-22 (C) a physician anesthesiologist licensed by the
2-23 Texas State Board of Medical Examiners.
2-24 SECTION 2. Section 258.002, Occupations Code, is amended by
2-25 amending Subsection (b) and adding Subsection (c) to read as
2-26 follows:
2-27 (b) A licensed dentist may delegate, under Subsection (a),
3-1 the application of a pit and fissure sealant.
3-2 (c) The board by rule shall establish guidelines regarding
3-3 the types of dental acts that may be properly or safely delegated
3-4 by a dentist, including a determination of which delegated dental
3-5 acts, if any, require competency testing before a person may
3-6 perform the act.
3-7 SECTION 3. Section 265.003, Occupations Code, is amended to
3-8 read as follows:
3-9 Sec. 265.003. PERMITTED DUTIES. (a) A dental assistant who
3-10 is not professionally licensed may:
3-11 (1) be employed by and work in the office of a
3-12 licensed and practicing dentist; and
3-13 (2) perform one or more delegated dental acts under
3-14 the direct supervision, direction, and responsibility of the
3-15 dentist, including the application of a pit and fissure sealant.
3-16 (b) A dental assistant may apply a pit and fissure sealant
3-17 under Subsection (a) only if the assistant:
3-18 (1) has at least two years' experience as an
3-19 assistant;
3-20 (2) has completed any training required by the board
3-21 for application of a sealant under this section; and
3-22 (3) is certified by the board to perform the act.
3-23 SECTION 4. This Act takes effect September 1, 2001.