80R2102 JMM-F

By: Crownover H.B. No. 903

A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain dental hygienists to administer a local anesthetic agent under supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 258.001, Occupations Code, is amended to read as follows:

Sec. 258.001. [IMPERMISSIBLE] DELEGATIONS. (a) A dentist may not delegate:

(1) an act to an individual who, by board order, is prohibited from performing the act;

(2) any of the following acts to a person not licensed as a dentist or dental hygienist:

(A) the removal of calculus, deposits, or accretions from the natural and restored surfaces of exposed human teeth and restorations in the human mouth;

(B) root planing or the smoothing and polishing of roughened root surfaces or exposed human teeth; or

(C) any other act the delegation of which is prohibited by board rule; or

(3) any of the following acts to a person not licensed as a dentist:

(A) comprehensive examination or diagnosis and treatment planning;

(B) a surgical or cutting procedure on hard or soft tissue;

(C) the prescription of a drug, medication, or work authorization;

(D) the taking of an impression for a final restoration, appliance, or prosthesis;

(E) the making of an intraoral occlusal adjustment;

(F) direct pulp capping, pulpotomy, or any other endodontic procedure;

(G) the final placement and intraoral adjustment of a fixed or removable appliance; or

(H) the placement of any final restoration.

(b) A dentist may delegate[; or

[(4)] the authority to an individual to administer a local anesthetic agent, inhalation sedative agent, parenteral sedative agent, or general anesthetic agent if the individual is [not] licensed as:

(1) [(A)] a dentist, with a permit issued by the board for the procedure being performed[,] if a permit is required;

(2) [(B)] a certified registered nurse anesthetist licensed by the Board of Nurse Examiners, only if the delegating dentist holds a permit issued by the board for the procedure being performed[,] if a permit is required; [or]

(3) [(C)] a physician anesthesiologist licensed by the Texas Medical [State] Board; or

(4) a dental hygienist, only if the procedure is the administration of a local anesthetic agent under Section 262.002(a)(6) [of Medical Examiners].

SECTION 2. Section 262.002(a), Occupations Code, is amended to read as follows:

(a) A person practices dental hygiene if the person:

(1) removes accumulated matter, tartar, deposits, accretions, or stains, other than mottled enamel stains, from the natural and restored surface of exposed human teeth and restorations in the human mouth;

(2) smoothes roughened root surfaces;

(3) polishes exposed human teeth, restorations in the human mouth, or roughened root surfaces;

(4) topically applies drugs to the surface tissues of the human mouth or the exposed surface of human teeth;

(5) makes dental x-rays; [and]

(6) administers a local anesthetic agent under supervision as required by this subtitle after completion of a board-approved course; and

(7) performs any other service, task, or procedure prescribed by board rule.

SECTION 3. The State Board of Dental Examiners, not later than January 1, 2008, shall:

(1) prescribe by rule the requirements for a course to train dental hygienists to administer local anesthetic agents; and

(2) develop a procedure for the approval of courses described by Subdivision (1).

SECTION 4. This Act takes effect September 1, 2007.