S.B. No. 97 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. Subsections (a), (c), and (e), Section 262.1515, 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. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 97 passed the Senate on May 5, 2009, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 97 passed the House on May 19, 2009, by the following vote: Yeas 144, Nays 1, one present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor