| 1 | 1 | | By: Villarreal, et al. H.B. No. 456 |
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| 2 | 2 | | (Senate Sponsor - Van de Putte) |
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| 3 | 3 | | (In the Senate - Received from the House May 11, 2009; |
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| 4 | 4 | | May 12, 2009, read first time and referred to Committee on Health |
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| 5 | 5 | | and Human Services; May 20, 2009, reported favorably by the |
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| 6 | 6 | | following vote: Yeas 8, Nays 0; May 20, 2009, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the authority of a dental hygienist to provide services |
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| 12 | 12 | | in certain facilities. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. The heading to Section 262.1515, Occupations |
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| 15 | 15 | | Code, is amended to read as follows: |
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| 16 | 16 | | Sec. 262.1515. DELEGATION OF DUTIES TO DENTAL HYGIENIST |
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| 17 | 17 | | PRACTICING IN CERTAIN [LONG-TERM CARE] FACILITIES [AND |
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| 18 | 18 | | SCHOOL-BASED HEALTH CENTERS]. |
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| 19 | 19 | | SECTION 2. Sections 262.1515(a), (c), and (e), Occupations |
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| 20 | 20 | | Code, are amended to read as follows: |
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| 21 | 21 | | (a) A licensed dentist may delegate a service, task, or |
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| 22 | 22 | | procedure, pursuant to this section, to a dental hygienist, without |
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| 23 | 23 | | complying with Section 262.151(a)(2) if: |
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| 24 | 24 | | (1) the dental hygienist has at least two years' |
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| 25 | 25 | | experience in the practice of dental hygiene; and |
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| 26 | 26 | | (2) the service, task, or procedure is performed in |
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| 27 | 27 | | one of the following locations: |
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| 28 | 28 | | (A) a nursing facility as defined in Section |
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| 29 | 29 | | 242.301, Health and Safety Code; [or] |
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| 30 | 30 | | (B) a school-based health center established |
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| 31 | 31 | | under Subchapter B, Chapter 38, Education Code; or |
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| 32 | 32 | | (C) a community health center as defined by |
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| 33 | 33 | | Section 136.002, Human Resources Code. |
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| 34 | 34 | | (c) A dental hygienist may only [not] perform [a second set |
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| 35 | 35 | | of] delegated tasks or procedures with respect to a patient for six |
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| 36 | 36 | | months unless [until] the patient has been examined by a dentist in |
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| 37 | 37 | | compliance with Section 262.151(a)(2). |
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| 38 | 38 | | (e) The [nursing] facility under Subsection (a)(2) [or |
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| 39 | 39 | | school-based health center] shall note each delegated service, |
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| 40 | 40 | | task, or procedure performed by the dental hygienist under this |
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| 41 | 41 | | section in the patient's medical records. |
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| 42 | 42 | | SECTION 3. Section 262.152, Occupations Code, is amended to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | Sec. 262.152. PERFORMANCE OF DELEGATED DUTIES. Except as |
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| 45 | 45 | | provided by Section 262.1515, a [A] dental hygienist shall practice |
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| 46 | 46 | | dental hygiene: |
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| 47 | 47 | | (1) in the dental office of a supervising dentist |
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| 48 | 48 | | licensed by the board; or |
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| 49 | 49 | | (2) in an alternate setting, including a nursing home, |
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| 50 | 50 | | the patient's home, a school, a hospital, a state institution, a |
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| 51 | 51 | | public health clinic, or another institution, under the supervision |
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| 52 | 52 | | of a supervising dentist. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2009. |
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| 54 | 54 | | * * * * * |
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