By: Villarreal, et al. H.B. No. 456
(Senate Sponsor - Van de Putte)
(In the Senate - Received from the House May 11, 2009;
May 12, 2009, read first time and referred to Committee on Health
and Human Services; May 20, 2009, reported favorably by the
following vote: Yeas 8, Nays 0; May 20, 2009, sent to printer.)
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
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; or
(C) 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 six
months unless [until] the patient has been examined by a dentist in
compliance with Section 262.151(a)(2).
(e) The [nursing] facility under Subsection (a)(2) [or
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.
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