Texas 2017 - 85th Regular

Texas Senate Bill SB430 Compare Versions

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1	1	By: Rodríguez, Burton S.B. No. 430
2	2	(In the Senate - Filed January 6, 2017; February 6, 2017,
3	3	read first time and referred to Committee on Health & Human
4	4	Services; April 10, 2017, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 7, Nays 1;
6	6	April 10, 2017, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 430 By: Watson
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the regulation of the practice of dental hygiene.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 258.001, Occupations Code, is amended to
16	16	read as follows:
17	17	Sec. 258.001. [IMPERMISSIBLE] DELEGATIONS. (a) A dentist
18	18	may not delegate:
19	19	(1) an act to an individual who, by board order, is
20	20	prohibited from performing the act;
21	21	(2) any of the following acts to a person not licensed
22	22	as a dentist or dental hygienist:
23	23	(A) the removal of calculus, deposits, or
24	24	accretions from the natural and restored surfaces of exposed human
25	25	teeth and restorations in the human mouth;
26	26	(B) root planing or the smoothing and polishing
27	27	of roughened root surfaces or exposed human teeth; or
28	28	(C) any other act the delegation of which is
29	29	prohibited by board rule; or
30	30	(3) any of the following acts to a person not licensed
31	31	as a dentist:
32	32	(A) comprehensive examination or diagnosis and
33	33	treatment planning;
34	34	(B) a surgical or cutting procedure on hard or
35	35	soft tissue;
36	36	(C) the prescription of a drug, medication, or
37	37	work authorization;
38	38	(D) the taking of an impression for a final
39	39	restoration, appliance, or prosthesis;
40	40	(E) the making of an intraoral occlusal
41	41	adjustment;
42	42	(F) direct pulp capping, pulpotomy, or any other
43	43	endodontic procedure;
44	44	(G) the final placement and intraoral adjustment
45	45	of a fixed or removable appliance; or
46	46	(H) the placement of any final restoration.
47	47	(b) A dentist may delegate[; or
48	48	[(4)] the authority to an individual to administer a
49	49	local anesthetic agent, inhalation sedative agent, parenteral
50	50	sedative agent, or general anesthetic agent if the individual is
51	51	[not] licensed as:
52	52	(1) [(A)] a dentist, with a permit issued by the board
53	53	for the procedure being performed[,] if a permit is required;
54	54	(2) [(B)] a certified registered nurse anesthetist
55	55	licensed by the Texas Board of Nursing, only if the delegating
56	56	dentist holds a permit issued by the board for the procedure being
57	57	performed[,] if a permit is required; [or]
58	58	(3) [(C)] a physician anesthesiologist licensed by
59	59	the Texas Medical Board; or
60	60	(4) a dental hygienist, only if:
61	61	(A) the procedure is the administration of a
62	62	local anesthetic agent under Section 262.002(a)(6);
63	63	(B) the dental hygienist has passed a
64	64	certification examination approved by the board; and
65	65	(C) the dental hygienist:
66	66	(i) has completed a course approved by the
67	67	board to train dental hygienists to administer local anesthetic
68	68	agents; or
69	69	(ii) has been licensed in good standing
70	70	within the past year to administer local anesthetic agents:
71	71	(a) by a branch of the United States
72	72	armed forces; or
73	73	(b) by another state.
74	74	SECTION 2. Section 262.002(a), Occupations Code, is amended
75	75	to read as follows:
76	76	(a) A person practices dental hygiene if the person:
77	77	(1) removes accumulated matter, tartar, deposits,
78	78	accretions, or stains, other than mottled enamel stains, from the
79	79	natural and restored surface of exposed human teeth and
80	80	restorations in the human mouth;
81	81	(2) smoothes roughened root surfaces;
82	82	(3) polishes exposed human teeth, restorations in the
83	83	human mouth, or roughened root surfaces;
84	84	(4) topically applies drugs to the surface tissues of
85	85	the human mouth or the exposed surface of human teeth;
86	86	(5) makes dental x-rays; [and]
87	87	(6) administers infiltration anesthesia under the
88	88	authorization and direct supervision of a dentist; and
89	89	(7) performs any other service, task, or procedure
90	90	prescribed by board rule.
91	91	SECTION 3. (a) The State Board of Dental Examiners, not
92	92	later than January 1, 2018, shall:
93	93	(1) prescribe by rule the requirements for a course to
94	94	train dental hygienists to administer local anesthetic agents; and
95	95	(2) develop a procedure for the approval of courses
96	96	described by Subdivision (1) of this subsection.
97	97	(b) A rule adopted under Subsection (a) of this section must
98	98	require that a course be offered in a classroom setting at an
99	99	educational institution accredited by the Commission on Dental
100	100	Accreditation of the American Dental Association.
101	101	SECTION 4. This Act takes effect September 1, 2017.
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