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                                                                  H.B. No. 3193




AN ACT

relating to the delegation of certain acts by dentists.                       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 258.002(b), Occupations Code, is amended 
to read as follows:
	(b)  A licensed dentist may delegate, under Subsection (a), 
the application of a pit and fissure sealant to a dental assistant 
if the dentist is a Medicaid provider or the dentist practices in an 
area determined to be underserved by the Texas Department of 
Health.  Cleansing of the occlusal and smooth surfaces of the teeth 
by a dental assistant is allowed immediately prior to and for the 
sole purpose of preparing the tooth area for the placement of pit 
and fissure sealants or orthodontic bonding resin, and shall not be 
billed as a prophylaxis.
	SECTION 2.  Section 265.003(b), Occupations Code, is amended 
to read as follows:
	(b)  A dental assistant may apply a pit and fissure sealant 
under Subsection (a) only if:
		(1)  the assistant is certified to apply a pit and 
fissure sealant under Section 265.004; and
		(2)  the dentist described by Subsection (a):                          
			(A)  is a Medicaid provider; or                                
			(B)  practices in an area determined to be 
underserved by the Texas Department of Health.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 3193 was passed by the House on May 6, 
2003, by the following vote:  Yeas 143, Nays 0, 2 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 3193 was passed by the Senate on May 
28, 2003, by the following vote:  Yeas 30, Nays 1.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor