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A BILL TO BE ENTITLED
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AN ACT
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relating to the practice of dentistry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.003, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) For purposes of this subtitle, a person practices |
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dentistry if the person: |
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(1) represents to the public that the person is a |
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dentist or dental surgeon or uses or permits to be used for the |
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person or another person the title of "Doctor," "Dr.," "Doctor of |
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Dental Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," |
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or another description, including the use of the terms "denturist" |
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or "denturism," that, directly or indirectly, represents that the |
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person is able to: |
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(A) diagnose, treat, or remove stains or |
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concretions from human teeth; or |
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(B) provide surgical and adjunctive treatment |
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for a disease, pain, injury, deficiency, deformity, or physical |
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condition of the human teeth, oral cavity, alveolar process, gums, |
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jaws, or directly related and adjacent masticatory structures; |
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(2) performs or offers to perform by any means the: |
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(A) cleaning of human teeth; |
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(B) removal of stains, concretions, or deposits |
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from teeth in the human mouth; or |
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(C) diagnosis, treatment, operation, or |
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prescription for a disease, pain, injury, deficiency, deformity, or |
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physical condition of the human teeth, oral cavity, alveolar |
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process, gums, or jaws; |
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(3) prescribes, makes, or causes to be made or offers |
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to prescribe, make, or cause to be made by any means an impression |
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of any portion of the human mouth, teeth, gums, or jaws: |
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(A) to diagnose, prescribe, or treat, or aid in |
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the diagnosis, prescription, or treatment, of a physical condition |
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of the human mouth, teeth, gums, or jaws; or |
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(B) to construct or aid in the construction of a |
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dental appliance, denture, dental bridge, false teeth, dental plate |
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of false teeth, or another substitute for human teeth; |
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(4) owns, maintains, or operates an office or place of |
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business in which the person employs or engages under any type of |
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contract another person to practice dentistry; |
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(5) fits, adjusts, repairs, or substitutes or offers |
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to fit, adjust, repair, or substitute in the human mouth or directly |
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related and adjacent masticatory structures a dental appliance, |
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structure, prosthesis, or denture; |
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(6) aids in the fitting, adjusting, repairing, or |
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substituting or causes to be fitted, adjusted, repaired, or |
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substituted in the human mouth or directly related and adjacent |
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masticatory structures a dental appliance, structure, prosthesis, |
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or denture; |
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(7) without a written prescription or work order |
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signed by a dentist legally practicing dentistry in this state or in |
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the jurisdiction in which the dentist maintains the dentist's |
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office: |
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(A) makes, processes, reproduces, repairs, or |
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relines a full or partial denture, fixed or removable dental bridge |
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or appliance, dental plate of false teeth, artificial dental |
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restoration, or a substitute or corrective device or appliance for |
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the human teeth, gums, jaws, mouth, alveolar process, or any part |
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for another; or |
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(B) offers, undertakes, aids, abets, or causes |
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another person to engage in an activity described by Paragraph (A); |
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(8) directly or indirectly offers, undertakes, or |
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causes another to perform for any person an act, service, or part of |
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an act or service in the practice of dentistry, including: |
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(A) inducing, administering, prescribing, or |
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dispensing anesthesia or an anesthetic drug, medicine, or an agent |
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in any way related to the practice of dentistry; |
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(B) permitting or allowing another to use the |
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person's license or certificate to practice dentistry in this |
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state; or |
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(C) aiding or abetting the practice of dentistry |
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by a person not licensed by the board to practice dentistry; |
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(9) controls, influences, attempts to control or |
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influence, or otherwise interferes with the exercise of a dentist's |
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independent professional judgment regarding the diagnosis or |
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treatment of a dental disease, disorder, or physical condition; |
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[or] |
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(10) represents that the person is a denturist or uses |
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another title that is intended to convey to the public that the |
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services offered by the person are included within the practice of |
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dentistry; or |
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(11) provides or performs, or offers to provide or |
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perform, a teeth whitening treatment or a product or service |
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related to a teeth whitening treatment. |
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(d) In this section, "teeth whitening treatment" means a |
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chemical or other material, tool, product, service, or procedure |
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intended to whiten human teeth. The term does not include a product |
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sold over the counter to an ultimate consumer. |
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SECTION 2. This Act takes effect September 1, 2013. |