| 1 | 1 | | 81R1689 MSE-D |
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| 2 | 2 | | By: Van de Putte S.B. No. 536 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of the practice of dental hygiene. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 258.001, Occupations Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 258.001. [IMPERMISSIBLE] DELEGATIONS. (a) A |
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| 12 | 12 | | dentist may not delegate: |
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| 13 | 13 | | (1) an act to an individual who, by board order, is |
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| 14 | 14 | | prohibited from performing the act; |
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| 15 | 15 | | (2) any of the following acts to a person not licensed |
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| 16 | 16 | | as a dentist or dental hygienist: |
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| 17 | 17 | | (A) the removal of calculus, deposits, or |
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| 18 | 18 | | accretions from the natural and restored surfaces of exposed human |
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| 19 | 19 | | teeth and restorations in the human mouth; |
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| 20 | 20 | | (B) root planing or the smoothing and polishing |
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| 21 | 21 | | of roughened root surfaces or exposed human teeth; or |
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| 22 | 22 | | (C) any other act the delegation of which is |
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| 23 | 23 | | prohibited by board rule; or |
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| 24 | 24 | | (3) any of the following acts to a person not licensed |
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| 25 | 25 | | as a dentist: |
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| 26 | 26 | | (A) comprehensive examination or diagnosis and |
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| 27 | 27 | | treatment planning; |
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| 28 | 28 | | (B) a surgical or cutting procedure on hard or |
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| 29 | 29 | | soft tissue; |
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| 30 | 30 | | (C) the prescription of a drug, medication, or |
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| 31 | 31 | | work authorization; |
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| 32 | 32 | | (D) the taking of an impression for a final |
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| 33 | 33 | | restoration, appliance, or prosthesis; |
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| 34 | 34 | | (E) the making of an intraoral occlusal |
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| 35 | 35 | | adjustment; |
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| 36 | 36 | | (F) direct pulp capping, pulpotomy, or any other |
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| 37 | 37 | | endodontic procedure; |
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| 38 | 38 | | (G) the final placement and intraoral adjustment |
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| 39 | 39 | | of a fixed or removable appliance; or |
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| 40 | 40 | | (H) the placement of any final restoration. |
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| 41 | 41 | | (b) A dentist may delegate[; or |
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| 42 | 42 | | [(4)] the authority to an individual to administer a |
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| 43 | 43 | | local anesthetic agent, inhalation sedative agent, parenteral |
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| 44 | 44 | | sedative agent, or general anesthetic agent if the individual is |
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| 45 | 45 | | [not] licensed as: |
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| 46 | 46 | | (1) [(A)] a dentist, with a permit issued by the board |
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| 47 | 47 | | for the procedure being performed[,] if a permit is required; |
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| 48 | 48 | | (2) [(B)] a certified registered nurse anesthetist |
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| 49 | 49 | | licensed by the Texas Board of Nursing, only if the delegating |
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| 50 | 50 | | dentist holds a permit issued by the board for the procedure being |
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| 51 | 51 | | performed[,] if a permit is required; [or] |
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| 52 | 52 | | (3) [(C)] a physician anesthesiologist licensed by |
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| 53 | 53 | | the Texas Medical Board; or |
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| 54 | 54 | | (4) a dental hygienist, only if the procedure is the |
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| 55 | 55 | | administration of a local anesthetic agent under Section |
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| 56 | 56 | | 262.002(a)(6). |
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| 57 | 57 | | SECTION 2. Section 262.002, Occupations Code, is amended by |
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| 58 | 58 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 59 | 59 | | follows: |
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| 60 | 60 | | (a) A person practices dental hygiene if the person: |
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| 61 | 61 | | (1) removes accumulated matter, tartar, deposits, |
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| 62 | 62 | | accretions, or stains, other than mottled enamel stains, from the |
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| 63 | 63 | | natural and restored surface of exposed human teeth and |
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| 64 | 64 | | restorations in the human mouth; |
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| 65 | 65 | | (2) smoothes roughened root surfaces; |
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| 66 | 66 | | (3) polishes exposed human teeth, restorations in the |
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| 67 | 67 | | human mouth, or roughened root surfaces; |
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| 68 | 68 | | (4) topically applies drugs to the surface tissues of |
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| 69 | 69 | | the human mouth or the exposed surface of human teeth; |
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| 70 | 70 | | (5) makes dental x-rays; [and] |
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| 71 | 71 | | (6) administers intraoral, block, or infiltration |
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| 72 | 72 | | anesthesia under direct supervision as required by this subtitle |
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| 73 | 73 | | after completion of a board-approved course; and |
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| 74 | 74 | | (7) performs any other service, task, or procedure |
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| 75 | 75 | | prescribed by board rule. |
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| 76 | 76 | | (c) A dental hygienist may not establish an independent |
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| 77 | 77 | | practice to provide services authorized by this subtitle. |
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| 78 | 78 | | SECTION 3. (a) The State Board of Dental Examiners, not |
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| 79 | 79 | | later than January 1, 2010, shall: |
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| 80 | 80 | | (1) prescribe by rule the requirements for a course to |
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| 81 | 81 | | train dental hygienists to administer local anesthetic agents; and |
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| 82 | 82 | | (2) develop a procedure for the approval of courses |
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| 83 | 83 | | described by Subdivision (1). |
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| 84 | 84 | | (b) A rule adopted under Subsection (a) of this section must |
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| 85 | 85 | | require that a course is: |
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| 86 | 86 | | (1) accredited by the Commission on Dental |
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| 87 | 87 | | Accreditation of the American Dental Association; and |
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| 88 | 88 | | (2) offered in a classroom setting at an educational |
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| 89 | 89 | | institution. |
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| 90 | 90 | | SECTION 4. This Act takes effect September 1, 2009. |
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