80R7778 MSE-D

By: Van de Putte S.B. No. 974

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of the practice of dental hygiene.

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, Occupations Code, is amended by amending Subsection (a) and adding Subsection (c) 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 intraoral, block, or infiltration anesthesia under direct 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.

(c) A dental hygienist may not establish an independent practice to provide services authorized by this subtitle.

SECTION 3. (a) 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).

(b) A rule adopted under Subsection (a) of this section must require that a course is:

(1) accredited by the Commission on Dental Accreditation of the American Dental Association; and

(2) offered in a classroom setting at an educational institution.

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