| 1 | 1 | | S.B. No. 97 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the authority of a dental hygienist to provide services |
|---|
| 6 | 6 | | in certain facilities. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. The heading to Section 262.1515, Occupations |
|---|
| 9 | 9 | | Code, is amended to read as follows: |
|---|
| 10 | 10 | | Sec. 262.1515. DELEGATION OF DUTIES TO DENTAL HYGIENIST |
|---|
| 11 | 11 | | PRACTICING IN CERTAIN [LONG-TERM CARE] FACILITIES [AND |
|---|
| 12 | 12 | | SCHOOL-BASED HEALTH CENTERS]. |
|---|
| 13 | 13 | | SECTION 2. Subsections (a), (c), and (e), Section 262.1515, |
|---|
| 14 | 14 | | Occupations Code, are amended to read as follows: |
|---|
| 15 | 15 | | (a) A licensed dentist may delegate a service, task, or |
|---|
| 16 | 16 | | procedure, pursuant to this section, to a dental hygienist, without |
|---|
| 17 | 17 | | complying with Section 262.151(a)(2) if: |
|---|
| 18 | 18 | | (1) the dental hygienist has at least two years' |
|---|
| 19 | 19 | | experience in the practice of dental hygiene; and |
|---|
| 20 | 20 | | (2) the service, task, or procedure is performed in |
|---|
| 21 | 21 | | one of the following locations: |
|---|
| 22 | 22 | | (A) a nursing facility as defined in Section |
|---|
| 23 | 23 | | 242.301, Health and Safety Code; [or] |
|---|
| 24 | 24 | | (B) a school-based health center established |
|---|
| 25 | 25 | | under Subchapter B, Chapter 38, Education Code; or |
|---|
| 26 | 26 | | (C) a community health center as defined by |
|---|
| 27 | 27 | | Section 136.002, Human Resources Code. |
|---|
| 28 | 28 | | (c) A dental hygienist may only [not] perform [a second set |
|---|
| 29 | 29 | | of] delegated tasks or procedures with respect to a patient for six |
|---|
| 30 | 30 | | months unless [until] the patient has been examined by a dentist in |
|---|
| 31 | 31 | | compliance with Section 262.151(a)(2). |
|---|
| 32 | 32 | | (e) The [nursing] facility under Subsection (a)(2) [or |
|---|
| 33 | 33 | | school-based health center] shall note each delegated service, |
|---|
| 34 | 34 | | task, or procedure performed by the dental hygienist under this |
|---|
| 35 | 35 | | section in the patient's medical records. |
|---|
| 36 | 36 | | SECTION 3. Section 262.152, Occupations Code, is amended to |
|---|
| 37 | 37 | | read as follows: |
|---|
| 38 | 38 | | Sec. 262.152. PERFORMANCE OF DELEGATED DUTIES. Except as |
|---|
| 39 | 39 | | provided by Section 262.1515, a [A] dental hygienist shall practice |
|---|
| 40 | 40 | | dental hygiene: |
|---|
| 41 | 41 | | (1) in the dental office of a supervising dentist |
|---|
| 42 | 42 | | licensed by the board; or |
|---|
| 43 | 43 | | (2) in an alternate setting, including a nursing home, |
|---|
| 44 | 44 | | the patient's home, a school, a hospital, a state institution, a |
|---|
| 45 | 45 | | public health clinic, or another institution, under the supervision |
|---|
| 46 | 46 | | of a supervising dentist. |
|---|
| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2009. |
|---|
| 48 | 48 | | ______________________________ ______________________________ |
|---|
| 49 | 49 | | President of the Senate Speaker of the House |
|---|
| 50 | 50 | | I hereby certify that S.B. No. 97 passed the Senate on |
|---|
| 51 | 51 | | May 5, 2009, by the following vote: Yeas 31, Nays 0. |
|---|
| 52 | 52 | | ______________________________ |
|---|
| 53 | 53 | | Secretary of the Senate |
|---|
| 54 | 54 | | I hereby certify that S.B. No. 97 passed the House on |
|---|
| 55 | 55 | | May 19, 2009, by the following vote: Yeas 144, Nays 1, one |
|---|
| 56 | 56 | | present not voting. |
|---|
| 57 | 57 | | ______________________________ |
|---|
| 58 | 58 | | Chief Clerk of the House |
|---|
| 59 | 59 | | Approved: |
|---|
| 60 | 60 | | ______________________________ |
|---|
| 61 | 61 | | Date |
|---|
| 62 | 62 | | ______________________________ |
|---|
| 63 | 63 | | Governor |
|---|