By: Uresti S.B. No. 692

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a dental assistant to perform coronal polishing and apply a pit and fissure sealant.

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

SECTION 1. Subsection (b), Section 258.002, Occupations Code, is amended to read as follows:

(b) A licensed dentist may delegate, under Subsection (a), the performance of a coronal polishing and application of a pit and fissure sealant to a dental assistant certified under Section 265.004 [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, Occupations Code, is amended to read as follows:

Sec. 265.003. PERMITTED DUTIES. (a) A dental assistant who is not professionally licensed may:

(1) be employed by and work in the office of a licensed and practicing dentist; and

(2) perform one or more delegated dental acts under the direct supervision, direction, and responsibility of the dentist, including the performance of a coronal polishing and application of a pit and fissure sealant.

(b) A dental assistant may perform a coronal polishing and apply a pit and fissure sealant under Subsection (a) only if[:

[(1)] the assistant is certified to perform a coronal polishing and 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. The heading to Section 265.004, Occupations Code, is amended to read as follows:

Sec. 265.004. CORONAL POLISHING AND PIT AND FISSURE SEALANT CERTIFICATE.

SECTION 4. Subsections (a) and (b), Section 265.004, Occupations Code, are amended to read as follows:

(a) The board shall issue a coronal polishing and pit and fissure sealant certificate to a dental assistant who qualifies under this section.

(b) To qualify for a certificate, an applicant must:

(1) have at least two years' experience as a dental assistant; and

(2) have successfully completed a minimum of 12 [16] hours of clinical and didactic education in coronal polishing and pit and fissure sealants taken through an accredited dental hygiene program or a dental assisting program accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the board.

SECTION 5. 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, 2007.