Texas 2017 - 85th Regular

Texas House Bill HB1201 Compare Versions

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11 85R6458 EES-D
22 By: Thompson of Harris H.B. No. 1201
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the regulation of the practice of dental hygiene.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 258.001, Occupations Code, is amended to
1010 read as follows:
1111 Sec. 258.001. [IMPERMISSIBLE] DELEGATIONS. (a) A dentist
1212 may not delegate:
1313 (1) an act to an individual who, by board order, is
1414 prohibited from performing the act;
1515 (2) any of the following acts to a person not licensed
1616 as a dentist or dental hygienist:
1717 (A) the removal of calculus, deposits, or
1818 accretions from the natural and restored surfaces of exposed human
1919 teeth and restorations in the human mouth;
2020 (B) root planing or the smoothing and polishing
2121 of roughened root surfaces or exposed human teeth; or
2222 (C) any other act the delegation of which is
2323 prohibited by board rule; or
2424 (3) any of the following acts to a person not licensed
2525 as a dentist:
2626 (A) comprehensive examination or diagnosis and
2727 treatment planning;
2828 (B) a surgical or cutting procedure on hard or
2929 soft tissue;
3030 (C) the prescription of a drug, medication, or
3131 work authorization;
3232 (D) the taking of an impression for a final
3333 restoration, appliance, or prosthesis;
3434 (E) the making of an intraoral occlusal
3535 adjustment;
3636 (F) direct pulp capping, pulpotomy, or any other
3737 endodontic procedure;
3838 (G) the final placement and intraoral adjustment
3939 of a fixed or removable appliance; or
4040 (H) the placement of any final restoration.
4141 (b) A dentist may delegate[; or
4242 [(4)] the authority to an individual to administer a
4343 local anesthetic agent, inhalation sedative agent, parenteral
4444 sedative agent, or general anesthetic agent if the individual is
4545 [not] licensed as:
4646 (1) [(A)] a dentist, with a permit issued by the board
4747 for the procedure being performed[,] if a permit is required;
4848 (2) [(B)] a certified registered nurse anesthetist
4949 licensed by the Texas Board of Nursing, only if the delegating
5050 dentist holds a permit issued by the board for the procedure being
5151 performed[,] if a permit is required; [or]
5252 (3) [(C)] a physician anesthesiologist licensed by
5353 the Texas Medical Board; or
5454 (4) a dental hygienist, only if:
5555 (A) the procedure is the administration of a
5656 local anesthetic agent under Section 262.002(a)(6);
5757 (B) the dental hygienist has passed a
5858 certification examination approved by the board; and
5959 (C) the dental hygienist:
6060 (i) has completed a course approved by the
6161 board to train dental hygienists to administer local anesthetic
6262 agents; or
6363 (ii) has been licensed in good standing
6464 within the past year to administer local anesthetic agents:
6565 (a) by a branch of the United States
6666 armed forces; or
6767 (b) by another state.
6868 SECTION 2. Section 262.002(a), Occupations Code, is amended
6969 to read as follows:
7070 (a) A person practices dental hygiene if the person:
7171 (1) removes accumulated matter, tartar, deposits,
7272 accretions, or stains, other than mottled enamel stains, from the
7373 natural and restored surface of exposed human teeth and
7474 restorations in the human mouth;
7575 (2) smoothes roughened root surfaces;
7676 (3) polishes exposed human teeth, restorations in the
7777 human mouth, or roughened root surfaces;
7878 (4) topically applies drugs to the surface tissues of
7979 the human mouth or the exposed surface of human teeth;
8080 (5) makes dental x-rays; [and]
8181 (6) administers intraoral block or infiltration
8282 anesthesia under the authorization and direct supervision of a
8383 dentist; and
8484 (7) performs any other service, task, or procedure
8585 prescribed by board rule.
8686 SECTION 3. (a) The State Board of Dental Examiners, not
8787 later than January 1, 2018, shall:
8888 (1) prescribe by rule the requirements for a course to
8989 train dental hygienists to administer local anesthetic agents; and
9090 (2) develop a procedure for the approval of courses
9191 described by Subdivision (1) of this subsection.
9292 (b) A rule adopted under Subsection (a) of this section must
9393 require that a course be offered in a classroom setting at an
9494 educational institution accredited by the Commission on Dental
9595 Accreditation of the American Dental Association.
9696 SECTION 4. This Act takes effect September 1, 2017.