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.