Texas 2009 - 81st Regular

Texas House Bill HB3670 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hopson, et al. (Senate Sponsor - Shapiro) H.B. No. 3670
2	2	(In the Senate - Received from the House May 12, 2009;
3	3	May 13, 2009, read first time and referred to Committee on
4	4	Administration; May 20, 2009, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; May 20, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the regulation of the practice of dental assistants,
11	11	including the delegation of certain dental acts.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 258.002(a), Occupations Code, is amended
14	14	to read as follows:
15	15	(a) A licensed dentist may delegate to a qualified and
16	16	trained dental assistant acting under the dentist's general or
17	17	direct supervision any dental act that a reasonable and prudent
18	18	dentist would find is within the scope of sound dental judgment to
19	19	delegate if:
20	20	(1) in the opinion of the delegating dentist, the act:
21	21	(A) can be properly and safely performed by the
22	22	person to whom the dental act is delegated; and
23	23	(B) is performed in a customary manner and is not
24	24	in violation of this subtitle or any other statute; [and]
25	25	(2) the person to whom the dental act is delegated does
26	26	not represent to the public that the person is authorized to
27	27	practice dentistry; and
28	28	(3) the person to whom the dental act is delegated
29	29	holds the appropriate certificate, if a certificate is required to
30	30	perform the act.
31	31	SECTION 2. Chapter 265, Occupations Code, is amended by
32	32	adding Section 265.0001 to read as follows:
33	33	Sec. 265.0001. DEFINITIONS. In this chapter:
34	34	(1) "Coronal polishing" means the removal of plaque
35	35	and extrinsic stain from exposed natural and restored tooth
36	36	surfaces using an appropriate rotary instrument with rubber cup or
37	37	brush and polishing agent, including the use of a toothbrush.
38	38	(2) "Interim treatment of a minor emergency dental
39	39	condition" means treatment of a condition that:
40	40	(A) arises unexpectedly;
41	41	(B) causes pain or discomfort to the patient;
42	42	(C) is considered reversible;
43	43	(D) does not require cutting hard or soft tissue;
44	44	and
45	45	(E) in the opinion of the treating dentist, may
46	46	be performed by a properly trained dental assistant.
47	47	SECTION 3. Section 265.002, Occupations Code, is amended to
48	48	read as follows:
49	49	Sec. 265.002. SUPERVISION, DIRECTION, AND RESPONSIBILITY.
50	50	(a) In this subtitle, a dental assistant is under the direct
51	51	supervision, direction, and responsibility of a dentist if the
52	52	dentist:
53	53	(1) employs the dental assistant or is in charge of the
54	54	dental assistant; and
55	55	(2) is physically present in the dental office when
56	56	the dental assistant performs a delegated dental act.
57	57	(b) For purposes of Subsection (a)(2), physical presence
58	58	does not require that the supervising dentist be in the treatment
59	59	room when the dental assistant performs the service as long as the
60	60	dentist is in the dental office.
61	61	(c) In this subtitle, a dental assistant is under the
62	62	general supervision, direction, and responsibility of a dentist if
63	63	the dentist:
64	64	(1) employs the dental assistant or is in charge of the
65	65	dental assistant; and
66	66	(2) is responsible for supervising the services to be
67	67	performed by the dental assistant.
68	68	SECTION 4. Section 265.003, Occupations Code, is amended to
69	69	read as follows:
70	70	Sec. 265.003. PERMITTED DUTIES. (a) A dental assistant who
71	71	is not professionally licensed may[:
72	72	[(1)] be employed by and work in the office of a
73	73	licensed and practicing dentist[;] and
74	74	[(2)] perform one or more delegated dental acts under:
75	75	(1) the direct supervision, direction, and
76	76	responsibility of the dentist, including:
77	77	(A) the application of a pit and fissure sealant;
78	78	(B) coronal polishing, if the dental assistant
79	79	holds a certificate under Section 265.006; and
80	80	(C) the application of fluoride varnish; or
81	81	(2) the general supervision, direction, and
82	82	responsibility of the dentist, limited to:
83	83	(A) the making of dental x-rays in compliance
84	84	with Section 265.005; and
85	85	(B) the provision of interim treatment of a minor
86	86	emergency dental condition to an existing patient of the treating
87	87	dentist.
88	88	(a-1) A treating dentist who delegates the provision of
89	89	interim treatment of a minor emergency dental condition to a dental
90	90	assistant under Subsection (a)(2)(B) shall:
91	91	(1) delegate the procedure orally or in writing before
92	92	the dental assistant performs the procedure;
93	93	(2) retain responsibility for the procedure; and
94	94	(3) schedule a follow-up appointment with the patient
95	95	within a reasonable time.
96	96	(b) A dental assistant who applies [may apply] a pit and
97	97	fissure sealant under Subsection (a) may cleanse the occlusal and
98	98	smooth surfaces of the teeth immediately before and for the sole
99	99	purpose of preparing the tooth area for the placement of the pit and
100	100	fissure sealant or orthodontic bonding resin. A procedure
101	101	performed by a dental assistant under this subsection may not be
102	102	billed as a prophylaxis [only if:
103	103	[(1) the assistant is certified to apply a pit and
104	104	fissure sealant under Section 265.004; and
105	105	[(2) the dentist described by Subsection (a):
106	106	[(A) is a Medicaid provider; or
107	107	[(B) practices in an area determined to be
108	108	underserved by the Texas Department of Health].
109	109	SECTION 5. Section 265.004(b), Occupations Code, is amended
110	110	to read as follows:
111	111	(b) To qualify for a certificate, an applicant must:
112	112	(1) have at least two years' experience as a dental
113	113	assistant; and
114	114	(2) have successfully completed a minimum of eight
115	115	[16] hours of clinical and didactic education in pit and fissure
116	116	sealants taken through an accredited dental hygiene program or a
117	117	dental assisting program accredited by the Commission on Dental
118	118	Accreditation of the American Dental Association and approved by
119	119	the board.
120	120	SECTION 6. Chapter 265, Occupations Code, is amended by
121	121	adding Section 265.006 to read as follows:
122	122	Sec. 265.006. CORONAL POLISHING CERTIFICATE. (a) The
123	123	board shall issue a coronal polishing certificate to a dental
124	124	assistant who qualifies under this section.
125	125	(b) To qualify for a coronal polishing certificate, an
126	126	applicant must have at least two years' experience as a dental
127	127	assistant and:
128	128	(1) have successfully completed at least eight hours
129	129	of clinical and didactic education in coronal polishing taken
130	130	through a dental assisting program accredited by the Commission on
131	131	Dental Accreditation of the American Dental Association and
132	132	approved by the board that includes courses on:
133	133	(A) oral anatomy and tooth morphology relating to
134	134	retention of plaque and stain;
135	135	(B) indications, contraindications, and
136	136	complications of coronal polishing;
137	137	(C) principles of coronal polishing, including
138	138	armamentarium, operator and patient positioning, technique, and
139	139	polishing agents;
140	140	(D) infection control procedures;
141	141	(E) polishing coronal surfaces of teeth; and
142	142	(F) jurisprudence relating to coronal polishing;
143	143	or
144	144	(2) present proof to the board that the assistant has:
145	145	(A) graduated from a dental assisting program
146	146	accredited by the Commission on Dental Accreditation of the
147	147	American Dental Association and approved by the board that includes
148	148	specific didactic course work and clinical training in coronal
149	149	polishing; or
150	150	(B) received certification of completion of
151	151	requirements specified by the Dental Assisting National Board and
152	152	approved by the board.
153	153	SECTION 7. Chapter 265, Occupations Code, is amended by
154	154	adding Section 265.007 to read as follows:
155	155	Sec. 265.007. CONTINUING EDUCATION FOR CERTIFICATE
156	156	HOLDERS. (a) To renew a certificate issued under this chapter, a
157	157	dental assistant must complete six hours of continuing education
158	158	each year in areas covering dental assistant duties.
159	159	(b) A dental assistant holding two or more certificates
160	160	authorized by this chapter must complete 12 hours of continuing
161	161	education each year to renew all of the certificates held by the
162	162	assistant.
163	163	(c) A dental assistant may fulfill continuing education
164	164	requirements through board-approved self-study, interactive
165	165	computer courses, or lecture courses.
166	166	SECTION 8. The following sections of the Occupations Code
167	167	are repealed:
168	168	(1) Section 258.002(b);
169	169	(2) Section 265.004(d); and
170	170	(3) Sections 265.005(j) and (k).
171	171	SECTION 9. The change in law made by this Act to Section
172	172	265.004(b), Occupations Code, applies only to an application for a
173	173	pit and fissure sealant certificate under that section that is
174	174	filed on or after the effective date of this Act. An application
175	175	filed before that date is governed by the law in effect on the date
176	176	the application was filed, and the former law is continued in effect
177	177	for that purpose.
178	178	SECTION 10. The change in law made by this Act by the
179	179	enactment of Section 265.007, Occupations Code, applies to a
180	180	certificate issued under Chapter 265, Occupations Code, that
181	181	expires on or after the effective date of this Act. A holder of a
182	182	certificate issued under that chapter that expires before the
183	183	effective date of this Act may renew that certificate by complying
184	184	with the law in effect at the time the certificate was issued, and
185	185	the former law is continued in effect for that purpose.
186	186	SECTION 11. This Act takes effect September 1, 2009.
187	187	* * * * *