1 | 1 | | 85R6458 EES-D |
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2 | 2 | | By: Thompson of Harris H.B. No. 1201 |
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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 dentist |
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12 | 12 | | 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: |
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55 | 55 | | (A) the procedure is the administration of a |
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56 | 56 | | local anesthetic agent under Section 262.002(a)(6); |
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57 | 57 | | (B) the dental hygienist has passed a |
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58 | 58 | | certification examination approved by the board; and |
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59 | 59 | | (C) the dental hygienist: |
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60 | 60 | | (i) has completed a course approved by the |
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61 | 61 | | board to train dental hygienists to administer local anesthetic |
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62 | 62 | | agents; or |
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63 | 63 | | (ii) has been licensed in good standing |
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64 | 64 | | within the past year to administer local anesthetic agents: |
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65 | 65 | | (a) by a branch of the United States |
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66 | 66 | | armed forces; or |
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67 | 67 | | (b) by another state. |
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68 | 68 | | SECTION 2. Section 262.002(a), Occupations Code, is amended |
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69 | 69 | | to read as follows: |
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70 | 70 | | (a) A person practices dental hygiene if the person: |
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71 | 71 | | (1) removes accumulated matter, tartar, deposits, |
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72 | 72 | | accretions, or stains, other than mottled enamel stains, from the |
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73 | 73 | | natural and restored surface of exposed human teeth and |
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74 | 74 | | restorations in the human mouth; |
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75 | 75 | | (2) smoothes roughened root surfaces; |
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76 | 76 | | (3) polishes exposed human teeth, restorations in the |
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77 | 77 | | human mouth, or roughened root surfaces; |
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78 | 78 | | (4) topically applies drugs to the surface tissues of |
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79 | 79 | | the human mouth or the exposed surface of human teeth; |
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80 | 80 | | (5) makes dental x-rays; [and] |
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81 | 81 | | (6) administers intraoral block or infiltration |
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82 | 82 | | anesthesia under the authorization and direct supervision of a |
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83 | 83 | | dentist; and |
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84 | 84 | | (7) performs any other service, task, or procedure |
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85 | 85 | | prescribed by board rule. |
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86 | 86 | | SECTION 3. (a) The State Board of Dental Examiners, not |
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87 | 87 | | later than January 1, 2018, shall: |
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88 | 88 | | (1) prescribe by rule the requirements for a course to |
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89 | 89 | | train dental hygienists to administer local anesthetic agents; and |
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90 | 90 | | (2) develop a procedure for the approval of courses |
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91 | 91 | | described by Subdivision (1) of this subsection. |
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92 | 92 | | (b) A rule adopted under Subsection (a) of this section must |
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93 | 93 | | require that a course be offered in a classroom setting at an |
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94 | 94 | | educational institution accredited by the Commission on Dental |
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95 | 95 | | Accreditation of the American Dental Association. |
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96 | 96 | | SECTION 4. This Act takes effect September 1, 2017. |
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