88R6172 BEE-F
By: Clardy H.B. No. 1930
A BILL TO BE ENTITLED
AN ACT
relating to the administration of anesthesia by a certified
registered nurse anesthetist on the order of a dentist.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 258.001, Occupations Code, is amended to
read as follows:
Sec. 258.001. IMPERMISSIBLE DELEGATIONS. A dentist may not
delegate:
(1) an act to an individual who, by board order, is
prohibited from performing the act;
(2) any of the following acts to a person not licensed
as a dentist or dental hygienist:
(A) the removal of calculus, deposits, or
accretions from the natural and restored surfaces of exposed human
teeth and restorations in the human mouth;
(B) root planing or the smoothing and polishing
of roughened root surfaces or exposed human teeth; or
(C) any other act the delegation of which is
prohibited by board rule;
(3) any of the following acts to a person not licensed
as a dentist:
(A) comprehensive examination or diagnosis and
treatment planning;
(B) a surgical or cutting procedure on hard or
soft tissue;
(C) the prescription of a drug, medication, or
work authorization;
(D) the taking of an impression for a final
restoration, appliance, or prosthesis;
(E) the making of an intraoral occlusal
adjustment;
(F) direct pulp capping, pulpotomy, or any other
endodontic procedure;
(G) the final placement and intraoral adjustment
of a fixed or removable appliance; or
(H) the placement of any final restoration; or
(4) the authority to an individual to administer a
local anesthetic agent, inhalation sedative agent, parenteral
sedative agent, or general anesthetic agent, including as a
teledentistry dental service as that term is defined by Section
111.001, if the individual is not licensed as:
(A) a dentist with a permit issued by the board
for the procedure being performed, if a permit is required;
(B) a certified registered nurse anesthetist
licensed by the Texas Board of Nursing[, only if the delegating
dentist holds a permit issued by the board for the procedure being
performed, if a permit is required]; or
(C) a physician anesthesiologist licensed by the
Texas Medical Board.
SECTION 2. Subchapter D, Chapter 258, Occupations Code, is
amended by adding Section 258.158 to read as follows:
Sec. 258.158. ADMINISTRATION OF ANESTHESIA BY NURSE
ANESTHETIST. (a) The board and the Texas Board of Nursing shall
jointly adopt rules governing the administration of anesthesia by a
certified registered nurse anesthetist on the order of a dentist.
The rules must:
(1) for each category under Section 258.155(a),
establish standards and requirements for the administration of
anesthesia by a certified registered nurse anesthetist on the order
of a dentist who does not hold a permit in that category; and
(2) authorize a dentist to order, and a certified
registered nurse anesthetist to administer, anesthesia in
accordance with the standards and requirements described by
Subdivision (1).
(b) Rules adopted under Subsection (a) do not apply to the
administration of anesthesia:
(1) in a licensed hospital or licensed ambulatory
surgical center; or
(2) by a certified registered nurse anesthetist acting
under the delegated authority of a dentist who holds a permit to
administer the anesthesia.
SECTION 3. Not later than January 1, 2024, the State Board
of Dental Examiners and the Texas Board of Nursing shall jointly
adopt rules under Section 258.158, Occupations Code, as added by
this Act.
SECTION 4. This Act takes effect September 1, 2023.