Texas 2015 - 84th Regular

Texas House Bill HB1409 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R17459 EES-D
2	2	By: Thompson of Harris, Flynn, Otto, Bell, H.B. No. 1409
3	3	Raney
4	4	Substitute the following for H.B. No. 1409:
5	5	By: Crownover C.S.H.B. No. 1409
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the regulation of the practice of dental hygiene.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 258.001, Occupations Code, is amended to
13	13	read as follows:
14	14	Sec. 258.001. [IMPERMISSIBLE] DELEGATIONS. (a) A dentist
15	15	may not delegate:
16	16	(1) an act to an individual who, by board order, is
17	17	prohibited from performing the act;
18	18	(2) any of the following acts to a person not licensed
19	19	as a dentist or dental hygienist:
20	20	(A) the removal of calculus, deposits, or
21	21	accretions from the natural and restored surfaces of exposed human
22	22	teeth and restorations in the human mouth;
23	23	(B) root planing or the smoothing and polishing
24	24	of roughened root surfaces or exposed human teeth; or
25	25	(C) any other act the delegation of which is
26	26	prohibited by board rule; or
27	27	(3) any of the following acts to a person not licensed
28	28	as a dentist:
29	29	(A) comprehensive examination or diagnosis and
30	30	treatment planning;
31	31	(B) a surgical or cutting procedure on hard or
32	32	soft tissue;
33	33	(C) the prescription of a drug, medication, or
34	34	work authorization;
35	35	(D) the taking of an impression for a final
36	36	restoration, appliance, or prosthesis;
37	37	(E) the making of an intraoral occlusal
38	38	adjustment;
39	39	(F) direct pulp capping, pulpotomy, or any other
40	40	endodontic procedure;
41	41	(G) the final placement and intraoral adjustment
42	42	of a fixed or removable appliance; or
43	43	(H) the placement of any final restoration.
44	44	(b) A dentist may delegate[; or
45	45	[(4)] the authority to an individual to administer a
46	46	local anesthetic agent, inhalation sedative agent, parenteral
47	47	sedative agent, or general anesthetic agent if the individual is
48	48	[not] licensed as:
49	49	(1) [(A)] a dentist, with a permit issued by the board
50	50	for the procedure being performed[,] if a permit is required;
51	51	(2) [(B)] a certified registered nurse anesthetist
52	52	licensed by the Texas Board of Nursing, only if the delegating
53	53	dentist holds a permit issued by the board for the procedure being
54	54	performed[,] if a permit is required; [or]
55	55	(3) [(C)] a physician anesthesiologist licensed by the
56	56	Texas Medical Board; or
57	57	(4) a dental hygienist, only if:
58	58	(A) the procedure is the administration of a
59	59	local anesthetic agent under Section 262.002(a)(6);
60	60	(B) the dental hygienist has passed a
61	61	certification examination approved by the board; and
62	62	(C) the dental hygienist:
63	63	(i) has completed a course approved by the
64	64	board to train dental hygienists to administer local anesthetic
65	65	agents; or
66	66	(ii) has been licensed in good standing
67	67	within the past year to administer local anesthetic agents:
68	68	(a) by a branch of the United States
69	69	armed forces; or
70	70	(b) by another state.
71	71	SECTION 2. Section 262.002, Occupations Code, is amended by
72	72	amending Subsection (a) and adding Subsection (c) to read as
73	73	follows:
74	74	(a) A person practices dental hygiene if the person:
75	75	(1) removes accumulated matter, tartar, deposits,
76	76	accretions, or stains, other than mottled enamel stains, from the
77	77	natural and restored surface of exposed human teeth and
78	78	restorations in the human mouth;
79	79	(2) smoothes roughened root surfaces;
80	80	(3) polishes exposed human teeth, restorations in the
81	81	human mouth, or roughened root surfaces;
82	82	(4) topically applies drugs to the surface tissues of
83	83	the human mouth or the exposed surface of human teeth;
84	84	(5) makes dental x-rays; [and]
85	85	(6) administers intraoral block or infiltration
86	86	anesthesia under the authorization and direct supervision of a
87	87	dentist; and
88	88	(7) performs any other service, task, or procedure
89	89	prescribed by board rule.
90	90	(c) A dental hygienist may not establish an independent
91	91	practice to provide services authorized by this subtitle.
92	92	SECTION 3. (a) The State Board of Dental Examiners, not
93	93	later than January 1, 2016, shall:
94	94	(1) prescribe by rule the requirements for a course to
95	95	train dental hygienists to administer local anesthetic agents; and
96	96	(2) develop a procedure for the approval of courses
97	97	described by Subdivision (1) of this subsection.
98	98	(b) A rule adopted under Subsection (a) of this section must
99	99	require that a course is:
100	100	(1) accredited by the Commission on Dental
101	101	Accreditation of the American Dental Association; and
102	102	(2) offered in a classroom setting at an educational
103	103	institution.
104	104	SECTION 4. This Act takes effect September 1, 2015.