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  81R2058 MSE-F
 
  By: Villarreal H.B. No. 456
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a dental hygienist to provide services
  in certain facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 262.1515, Occupations
  Code, is amended to read as follows:
         Sec. 262.1515.  DELEGATION OF DUTIES TO DENTAL HYGIENIST
  PRACTICING IN CERTAIN [LONG-TERM CARE] FACILITIES AND PROGRAMS 
  [SCHOOL-BASED HEALTH CENTERS].
         SECTION 2.  Sections 262.1515(a), (c), and (e), Occupations
  Code, are amended to read as follows:
         (a)  A licensed dentist may delegate a service, task, or
  procedure, pursuant to this section, to a dental hygienist, without
  complying with Section 262.151(a)(2) if:
               (1)  the dental hygienist has at least two years'
  experience in the practice of dental hygiene; and
               (2)  the service, task, or procedure is performed in
  one of the following locations:
                     (A)  a nursing facility as defined in Section
  242.301, Health and Safety Code; [or]
                     (B)  a school-based health center established
  under Subchapter B, Chapter 38, Education Code;
                     (C)  a Head Start program as defined by Section
  72.001, Human Resources Code; or
                     (D)  a community health center as defined by
  Section 136.002, Human Resources Code.
         (c)  A dental hygienist may only [not] perform [a second set
  of] delegated tasks or procedures with respect to a patient for one
  year unless [until] the patient has been examined by a dentist in
  compliance with Section 262.151(a)(2).
         (e)  The [nursing] facility or program under Subsection
  (a)(2) [school-based health center] shall note each delegated
  service, task, or procedure performed by the dental hygienist under
  this section in the patient's medical records.
         SECTION 3.  Section 262.152, Occupations Code, is amended to
  read as follows:
         Sec. 262.152.  PERFORMANCE OF DELEGATED DUTIES.  Except as
  provided by Section 262.1515, 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 4.  This Act takes effect September 1, 2009.