By:  Deuell                                                       S.B. No. 726


A BILL TO BE ENTITLED

AN ACT

relating to the authority of a dental hygienist to administer 
fluoride varnish.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 262.152, Occupations Code, is amended to 
read as follows:
	Sec. 262.152.  PERFORMANCE OF DELEGATED DUTIES.  Except as 
provided by Section 262.153, a [A] dental hygienist shall practice 
dental hygiene:
		(1)  in the dental office of a supervising dentist 
licensed by the board; or
		(2)  in an alternate setting, including a nursing home, 
the patient's home, a school, a hospital, a state institution, a 
public health clinic, or another institution, under the supervision 
of a supervising dentist.
	SECTION 2.  Subchapter D, Chapter 262, Occupations Code, is 
amended by adding Section 262.153 to read as follows:
	Sec. 262.153.  LIMITED FLUORIDE VARNISH PERMIT.  (a)  The 
board by rule shall provide for issuance of a permit to a dental 
hygienist to administer fluoride varnish.
	(b)  To obtain a permit under this section, a dental 
hygienist must meet the educational qualifications and provide 
proof of competency in the administration of fluoride varnish as 
required by the board after consultation with the advisory 
committee.
	(c)  Rules adopted by the board under this section must 
include rules that regulate the administration of fluoride varnish 
by a dental hygienist who holds a permit under this section.
	(d)  A dental hygienist with a permit issued under this 
section may administer fluoride varnish without supervision by a 
dentist.
	SECTION 3.  The State Board of Dental Examiners shall adopt 
rules as required by Section 262.153, Occupations Code, as added by 
this Act, not later than November 1, 2005.
	SECTION 4.  This Act takes effect September 1, 2005.