79R5827 JMM-F

By:  Laubenberg                                                   H.B. No. 1432


A BILL TO BE ENTITLED
AN ACT
relating to the regulation of dental assistants who make dental x-rays. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 265.005, Occupations Code, is amended to read as follows: Sec. 265.005. X-RAY PERMIT [CERTIFICATE]. (a) A dental assistant may not make dental x-rays unless the dental assistant holds a permit [certificate of registration] issued by the board under this section. A dentist may not permit a dental assistant to make dental x-rays unless the dental assistant and the dentist are in compliance with this section. (b) To qualify for a permit [certificate of registration], a dental assistant must pay a fee in an amount sufficient to cover the cost of issuing the permit [determined by the board] and must: (1) pass an examination administered by the board covering[: [(A)] the procedure for making dental x-rays; [(B) jurisprudence; and [(C) infection control;] or (2) [pass an examination administered by the board covering the subject described by Subdivision (1)(B) and] be certified as a dental assistant by the Dental Assisting National Board if the board determines that the requirements for certification by that board are sufficient to protect the public. (c) [The board shall set the registration fee for a dental assistant who qualifies under Subsection (b)(1) in an amount greater than the amount of the registration fee for a dental assistant who qualifies under Subsection (b)(2). [(d) The portion of the examination described by Subsection (b)(1)(B) must be tailored to a dental assistant's responsibilities and role in a dental office. [(e) The board shall develop the examination or contract with another person the board determines has the expertise and resources to develop the examination.] The board shall [may] create an advisory committee consisting of dentists [dental industry professionals and educators] to advise the board in developing the examination required by Subsection (b). Any study guide or reference materials adopted or provided by the board for use in preparing for the examination must be approved by the advisory committee. The study guide or materials must be relevant to the examination, be targeted to the educational level of the typical person taking the examination, and be available on the Internet. All of the examination questions must be taken from the study guide and reference materials. (d) [(f)] The examination shall be administered by the board or by a testing service under an agreement with the board. The examination must be available on the Internet. (e) The objective of the examination must be to provide evidence to the board that the dental assistant has acceptable knowledge of a dental assistant's permitted duties regarding the making of dental x-rays. The examination must be offered in English and Spanish. The examination must be designed so that at least 90 percent of the dental assistants taking the examination may be expected to successfully complete the examination with a score of at least 80 percent. (f) [(g) A certificate of registration issued under this section must be renewed annually. [(h)] The board by rule shall approve [develop a] mandatory continuing education courses [program] for permit holders [of certificates of registration]. The board may not require a person to complete more than six [12] hours of continuing education annually. Continuing education may be through self-study or interactive computer courses. The courses approved by the board must include courses on procedures for infection control, making dental x-rays, and the laws governing the duties of dental assistants. A permit holder must complete courses on infection control and the laws governing the duties of dental assistants not later than the first anniversary of the date of receiving a permit. After that date, the permit holder may complete other continuing education courses that include subjects within the scope of a dental assistant's permitted duties. (g) A dentist employing a dental assistant shall maintain on file in the dentist's office a statement that: (1) the dental assistant has been trained in infection control and the laws governing the duties of dental assistants; and (2) the dental assistant is in compliance with the continuing education requirements of this section. (h) The statement required by Subsection (g) must be completed not later than the first anniversary of the date a permit holder begins employment with a dentist and annually after that date as long as the dental assistant remains in the employment of the dentist. (i) Except as otherwise provided by this subsection, a dental assistant holding a permit under this section is not required to renew the permit. A dental assistant who does not practice as a dental assistant for at least two years must apply for and receive a new permit under this section to be authorized to make dental x-rays. [The curriculum must cover standards of care, procedures for infectious disease control, and the requirements of this subtitle. A person may not renew a certificate of registration unless the person complies with the continuing education requirements.] SECTION 2. (a) A dentist who employs a dental assistant on the effective date of this Act and who is required to complete and maintain a statement under Sections 265.005(g) and (h), Occupations Code, as added by this Act, must complete the required statement not later than September 1, 2006. (b) A dental assistant who, on the effective date of this Act, holds a certificate of registration issued under Section 265.005, Occupations Code, as that section existed immediately before the effective date of this Act, may continue to make dental x-rays under the certificate until the State Board of Dental Examiners issues the dental assistant a permit as authorized by this Act. The dental assistant is not required to retake an examination required by Section 265.005, Occupations Code, as amended by this Act. (c) The State Board of Dental Examiners shall appoint the advisory committee required under Section 265.005, Occupations Code, as amended by this Act, not later than January 1, 2006. Any advisory committee established under Section 265.005, Occupations Code, as that section existed immediately before the effective date of this Act, is abolished on the effective date of this Act. SECTION 3. This Act takes effect September 1, 2005.