82R13263 JAM-D
By: Hernandez Luna H.B. No. 3220
A BILL TO BE ENTITLED
AN ACT
relating to the practice of dentistry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.003, Occupations Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) For purposes of this subtitle, a person practices
dentistry if the person:
(1) represents to the public that the person is a
dentist or dental surgeon or uses or permits to be used for the
person or another person the title of "Doctor," "Dr.," "Doctor of
Dental Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.,"
or another description, including the use of the terms "denturist"
or "denturism," that, directly or indirectly, represents that the
person is able to:
(A) diagnose, treat, or remove stains or
concretions from human teeth; or
(B) provide surgical and adjunctive treatment
for a disease, pain, injury, deficiency, deformity, or physical
condition of the human teeth, oral cavity, alveolar process, gums,
jaws, or directly related and adjacent masticatory structures;
(2) performs or offers to perform by any means the:
(A) cleaning of human teeth;
(B) removal of stains, concretions, or deposits
from teeth in the human mouth; or
(C) diagnosis, treatment, operation, or
prescription for a disease, pain, injury, deficiency, deformity, or
physical condition of the human teeth, oral cavity, alveolar
process, gums, or jaws;
(3) prescribes, makes, or causes to be made or offers
to prescribe, make, or cause to be made by any means an impression
of any portion of the human mouth, teeth, gums, or jaws:
(A) to diagnose, prescribe, or treat, or aid in
the diagnosis, prescription, or treatment, of a physical condition
of the human mouth, teeth, gums, or jaws; or
(B) to construct or aid in the construction of a
dental appliance, denture, dental bridge, false teeth, dental plate
of false teeth, or another substitute for human teeth;
(4) owns, maintains, or operates an office or place of
business in which the person employs or engages under any type of
contract another person to practice dentistry;
(5) fits, adjusts, repairs, or substitutes or offers
to fit, adjust, repair, or substitute in the human mouth or directly
related and adjacent masticatory structures a dental appliance,
structure, prosthesis, or denture;
(6) aids in the fitting, adjusting, repairing, or
substituting or causes to be fitted, adjusted, repaired, or
substituted in the human mouth or directly related and adjacent
masticatory structures a dental appliance, structure, prosthesis,
or denture;
(7) without a written prescription or work order
signed by a dentist legally practicing dentistry in this state or in
the jurisdiction in which the dentist maintains the dentist's
office:
(A) makes, processes, reproduces, repairs, or
relines a full or partial denture, fixed or removable dental bridge
or appliance, dental plate of false teeth, artificial dental
restoration, or a substitute or corrective device or appliance for
the human teeth, gums, jaws, mouth, alveolar process, or any part
for another; or
(B) offers, undertakes, aids, abets, or causes
another person to engage in an activity described by Paragraph (A);
(8) directly or indirectly offers, undertakes, or
causes another to perform for any person an act, service, or part of
an act or service in the practice of dentistry, including:
(A) inducing, administering, prescribing, or
dispensing anesthesia or an anesthetic drug, medicine, or an agent
in any way related to the practice of dentistry;
(B) permitting or allowing another to use the
person's license or certificate to practice dentistry in this
state; or
(C) aiding or abetting the practice of dentistry
by a person not licensed by the board to practice dentistry;
(9) controls, influences, attempts to control or
influence, or otherwise interferes with the exercise of a dentist's
independent professional judgment regarding the diagnosis or
treatment of a dental disease, disorder, or physical condition;
[or]
(10) represents that the person is a denturist or uses
another title that is intended to convey to the public that the
services offered by the person are included within the practice of
dentistry; or
(11) provides or performs, or offers to provide or
perform, a teeth whitening treatment or a product or service
related to a teeth whitening treatment.
(d) In this subtitle, "teeth whitening treatment" means a
chemical or other material, tool, product, service, or procedure
intended to whiten human teeth. The term does not include a product
sold over the counter to an ultimate consumer.
SECTION 2. This Act takes effect September 1, 2011.