1-1 By: Madla, Bernsen S.B. No. 114
1-2 (In the Senate - Filed November 16, 2000; January 11, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 20, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0, 1
1-6 present, not voting; March 20, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 114 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to delegation of certain acts by dentists.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 258.001, Occupations Code, is amended to
1-13 read as follows:
1-14 Sec. 258.001. IMPERMISSIBLE DELEGATIONS. A dentist may not
1-15 delegate:
1-16 (1) an act to an individual who, by board order, is
1-17 prohibited from performing the act;
1-18 (2) any of the following acts to a person not licensed
1-19 as a dentist or dental hygienist:
1-20 (A) the removal of calculus, deposits, or
1-21 accretions from the natural and restored surfaces of exposed human
1-22 teeth and restorations in the human mouth;
1-23 (B) root planing or the smoothing and polishing
1-24 of roughened root surfaces [or exposed human teeth]; or
1-25 (C) any other act the delegation of which is
1-26 prohibited by board rule;
1-27 (3) any of the following acts to a person not licensed
1-28 as a dentist:
1-29 (A) comprehensive examination or diagnosis and
1-30 treatment planning;
1-31 (B) a surgical or cutting procedure on hard or
1-32 soft tissue;
1-33 (C) the prescription of a drug, medication, or
1-34 work authorization;
1-35 (D) the taking of an impression for a final
1-36 restoration, appliance, or prosthesis;
1-37 (E) the making of an intraoral occlusal
1-38 adjustment;
1-39 (F) direct pulp capping, pulpotomy, or any other
1-40 endodontic procedure;
1-41 (G) the final placement and intraoral adjustment
1-42 of a fixed or removable appliance; or
1-43 (H) the placement of any final restoration; or
1-44 (4) the authority to an individual to administer a
1-45 local anesthetic agent, inhalation sedative agent, parenteral
1-46 sedative agent, or general anesthetic agent if the individual is
1-47 not licensed as:
1-48 (A) a dentist with a permit issued by the board
1-49 for the procedure being performed, if a permit is required;
1-50 (B) a certified registered nurse anesthetist
1-51 licensed by the Board of Nurse Examiners, only if the delegating
1-52 dentist holds a permit issued by the board for the procedure being
1-53 performed, if a permit is required; or
1-54 (C) a physician anesthesiologist licensed by the
1-55 Texas State Board of Medical Examiners.
1-56 SECTION 2. Section 258.002, Occupations Code, is amended by
1-57 amending Subsection (b) and adding Subsection (c) to read as
1-58 follows:
1-59 (b) A licensed dentist may delegate, under Subsection (a),
1-60 the application of a pit and fissure sealant.
1-61 (c) The board by rule shall establish guidelines regarding
1-62 the types of dental acts that may be properly or safely delegated
1-63 by a dentist, including a determination of which delegated dental
1-64 acts, if any, require competency testing before a person may
2-1 perform the act.
2-2 SECTION 3. Section 262.003, Occupations Code, is amended to
2-3 read as follows:
2-4 Sec. 262.003. EXEMPTIONS. This chapter does not apply to:
2-5 (1) a licensed dentist practicing dentistry in this
2-6 state, except as provided by Subchapter D;
2-7 (2) a physician authorized to practice medicine in
2-8 this state; [or]
2-9 (3) an employee of a licensed dentist who makes dental
2-10 x-rays in the office of and under the supervision of a dentist
2-11 practicing dentistry in this state; or
2-12 (4) an employee of a licensed dentist who polishes
2-13 exposed human teeth in the office of and under the supervision of a
2-14 dentist practicing dentistry in this state.
2-15 SECTION 4. Section 265.003, Occupations Code, is amended to
2-16 read as follows:
2-17 Sec. 265.003. PERMITTED DUTIES. (a) A dental assistant who
2-18 is not professionally licensed may:
2-19 (1) be employed by and work in the office of a
2-20 licensed and practicing dentist; and
2-21 (2) perform one or more delegated dental acts under
2-22 the direct supervision, direction, and responsibility of the
2-23 dentist, including the application of a pit and fissure sealant.
2-24 (b) A dental assistant may apply a pit and fissure sealant
2-25 under Subsection (a) only if the assistant:
2-26 (1) has at least two years' experience as an
2-27 assistant;
2-28 (2) has completed any training required by the board
2-29 for application of a sealant under this section; and
2-30 (3) is certified by the board to perform the act.
2-31 SECTION 5. This Act takes effect September 1, 2001.
2-32 * * * * *