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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the practice of dental hygiene. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 258.001, Occupations Code, is amended to |
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read as follows: |
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Sec. 258.001. [IMPERMISSIBLE] DELEGATIONS. (a) A dentist |
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may not delegate: |
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(1) an act to an individual who, by board order, is |
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prohibited from performing the act; |
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(2) any of the following acts to a person not licensed |
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as a dentist or dental hygienist: |
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(A) the removal of calculus, deposits, or |
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accretions from the natural and restored surfaces of exposed human |
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teeth and restorations in the human mouth; |
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(B) root planing or the smoothing and polishing |
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of roughened root surfaces or exposed human teeth; or |
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(C) any other act the delegation of which is |
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prohibited by board rule; or |
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(3) any of the following acts to a person not licensed |
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as a dentist: |
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(A) comprehensive examination or diagnosis and |
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treatment planning; |
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(B) a surgical or cutting procedure on hard or |
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soft tissue; |
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(C) the prescription of a drug, medication, or |
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work authorization; |
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(D) the taking of an impression for a final |
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restoration, appliance, or prosthesis; |
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(E) the making of an intraoral occlusal |
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adjustment; |
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(F) direct pulp capping, pulpotomy, or any other |
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endodontic procedure; |
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(G) the final placement and intraoral adjustment |
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of a fixed or removable appliance; or |
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(H) the placement of any final restoration. |
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(b) A dentist may delegate[; or |
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[(4) the authority] to an individual the authority to |
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administer a local anesthetic agent, inhalation sedative agent, |
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parenteral sedative agent, or general anesthetic agent if the |
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individual is [not] licensed as: |
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(1) [(A)] a dentist, with a permit issued by the board |
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for the procedure being performed[,] if a permit is required; |
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(2) [(B)] a certified registered nurse anesthetist |
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[licensed] by the Texas Board of Nursing, only if the delegating |
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dentist holds a permit issued by the board for the procedure being |
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performed[,] if a permit is required; [or] |
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(3) [(C)] a physician anesthesiologist [licensed] by |
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the Texas Medical Board; or |
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(4) a dental hygienist, only if: |
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(A) the procedure is the administration of a |
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local anesthetic agent under Section 262.002(a)(6); |
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(B) the dental hygienist has passed a |
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certification examination approved by the board; and |
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(C) the dental hygienist: |
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(i) has completed a course approved by the |
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board to train dental hygienists to administer local anesthetic |
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agents; or |
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(ii) has been licensed in good standing |
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within the preceding year to administer local anesthetic agents: |
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(a) by a branch of the United States |
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armed forces; or |
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(b) by another state. |
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SECTION 2. Section 262.002(a), Occupations Code, is amended |
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to read as follows: |
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(a) A person practices dental hygiene if the person: |
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(1) removes accumulated matter, tartar, deposits, |
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accretions, or stains, other than mottled enamel stains, from the |
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natural and restored surface of exposed human teeth and |
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restorations in the human mouth; |
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(2) smoothes roughened root surfaces; |
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(3) polishes exposed human teeth, restorations in the |
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human mouth, or roughened root surfaces; |
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(4) topically applies drugs to the surface tissues of |
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the human mouth or the exposed surface of human teeth; |
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(5) makes dental x-rays; [and] |
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(6) administers intraoral block or infiltration |
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anesthesia under the authorization and direct supervision of a |
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dentist; and |
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(7) performs any other service, task, or procedure |
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prescribed by board rule. |
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SECTION 3. (a) Not later than January 1, 2022, the State |
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Board of Dental Examiners shall: |
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(1) prescribe by rule the requirements for a course to |
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train dental hygienists to administer local anesthetic agents; and |
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(2) develop a procedure for the approval of courses |
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described by Subdivision (1) of this subsection. |
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(b) A rule adopted under Subsection (a) of this section must |
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require that a course be offered in a classroom setting at an |
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educational institution accredited by the Commission on Dental |
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Accreditation of the American Dental Association. |
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SECTION 4. This Act takes effect September 1, 2021. |