Texas 2023 - 88th Regular

Texas House Bill HB3824 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3824
2	2
3	3
4	4	AN ACT
5	5	relating to the administration of a local anesthetic agent by a
6	6	dental hygienist.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 258.001, Occupations Code, is amended to
9	9	read as follows:
10	10	Sec. 258.001. IMPERMISSIBLE DELEGATIONS. A dentist may not
11	11	delegate:
12	12	(1) an act to an individual who, by board order, is
13	13	prohibited from performing the act;
14	14	(2) any of the following acts to a person not licensed
15	15	as a dentist or dental hygienist:
16	16	(A) the removal of calculus, deposits, or
17	17	accretions from the natural and restored surfaces of exposed human
18	18	teeth and restorations in the human mouth;
19	19	(B) root planing or the smoothing and polishing
20	20	of roughened root surfaces or exposed human teeth; or
21	21	(C) any other act the delegation of which is
22	22	prohibited by board rule;
23	23	(3) any of the following acts to a person not licensed
24	24	as a dentist:
25	25	(A) comprehensive examination or diagnosis and
26	26	treatment planning;
27	27	(B) a surgical or cutting procedure on hard or
28	28	soft tissue;
29	29	(C) the prescription of a drug, medication, or
30	30	work authorization;
31	31	(D) the taking of an impression for a final
32	32	restoration, appliance, or prosthesis;
33	33	(E) the making of an intraoral occlusal
34	34	adjustment;
35	35	(F) direct pulp capping, pulpotomy, or any other
36	36	endodontic procedure;
37	37	(G) the final placement and intraoral adjustment
38	38	of a fixed or removable appliance; or
39	39	(H) the placement of any final restoration; [or]
40	40	(4) the authority to an individual to administer a
41	41	local anesthetic agent, inhalation sedative agent, parenteral
42	42	sedative agent, or general anesthetic agent, including as a
43	43	teledentistry dental service as that term is defined by Section
44	44	111.001, if the individual is not licensed as:
45	45	(A) a dentist with a permit issued by the board
46	46	for the procedure being performed, if a permit is required;
47	47	(B) a certified registered nurse anesthetist
48	48	licensed by the Texas Board of Nursing, only if the delegating
49	49	dentist holds a permit issued by the board for the procedure being
50	50	performed, if a permit is required; or
51	51	(C) a physician anesthesiologist licensed by the
52	52	Texas Medical Board; or
53	53	(5) the authority to a dental hygienist to administer
54	54	a local anesthetic agent unless:
55	55	(A) the dental hygienist:
56	56	(i) administers the local anesthetic agent
57	57	by infiltration for purposes of a procedure the dental hygienist is
58	58	authorized to perform;
59	59	(ii) has passed a board-approved
60	60	certification examination relating to the administration of a local
61	61	anesthetic agent;
62	62	(iii) either:
63	63	(a) has completed a board-approved
64	64	course of study designed to train dental hygienists to administer a
65	65	local anesthetic agent by infiltration; or
66	66	(b) during the preceding year, was
67	67	authorized to administer a local anesthetic agent by:
68	68	(1) a branch of the United States
69	69	armed forces; or
70	70	(2) another state with clinical
71	71	and didactic education requirements substantially equivalent to
72	72	the requirements of a course approved by the board under
73	73	Sub-subparagraph (a); and
74	74	(iv) complies with any applicable rules
75	75	adopted by the board establishing minimum standards for the
76	76	administration of a local anesthetic agent;
77	77	(B) the delegating dentist is physically present
78	78	in the facility where the procedure is occurring and is
79	79	continuously aware of the patient's physical status and well-being;
80	80	and
81	81	(C) the patient to whom the local anesthetic
82	82	agent is administered is:
83	83	(i) at least 18 years of age; and
84	84	(ii) not sedated, or is sedated using only
85	85	nitrous oxide-oxygen inhalation.
86	86	SECTION 2. Section 262.002(a), Occupations Code, is amended
87	87	to read as follows:
88	88	(a) A person practices dental hygiene if the person:
89	89	(1) removes accumulated matter, tartar, deposits,
90	90	accretions, or stains, other than mottled enamel stains, from the
91	91	natural and restored surface of exposed human teeth and
92	92	restorations in the human mouth;
93	93	(2) smoothes roughened root surfaces;
94	94	(3) polishes exposed human teeth, restorations in the
95	95	human mouth, or roughened root surfaces;
96	96	(4) topically applies drugs to the surface tissues of
97	97	the human mouth or the exposed surface of human teeth;
98	98	(5) makes dental x-rays; [and]
99	99	(6) administers a local anesthetic agent under the
100	100	authorization and supervision of a dentist in compliance with
101	101	Section 258.001(5); and
102	102	(7) performs any other service, task, or procedure
103	103	prescribed by board rule.
104	104	SECTION 3. (a) Not later than January 1, 2024, the State
105	105	Board of Dental Examiners shall:
106	106	(1) prescribe by rule the requirements for a course to
107	107	train dental hygienists to administer a local anesthetic agent
108	108	consistent with Section 258.001, Occupations Code, as amended by
109	109	this Act;
110	110	(2) develop a procedure for the approval of courses
111	111	described by Subdivision (1) of this subsection; and
112	112	(3) adopt rules to administer Sections 258.001 and
113	113	262.002, Occupations Code, as amended by this Act, including rules
114	114	to establish the minimum standards for the administration of a
115	115	local anesthetic agent by a dental hygienist consistent with those
116	116	sections.
117	117	(b) A rule adopted under Subsection (a)(1) of this section
118	118	must require that a course be offered in a classroom setting at an
119	119	educational institution accredited by the Commission on Dental
120	120	Accreditation of the American Dental Association.
121	121	SECTION 4. This Act takes effect September 1, 2023.
122	122	______________________________ ______________________________
123	123	President of the Senate Speaker of the House
124	124	I certify that H.B. No. 3824 was passed by the House on May
125	125	12, 2023, by the following vote: Yeas 133, Nays 7, 2 present, not
126	126	voting.
127	127	______________________________
128	128	Chief Clerk of the House
129	129	I certify that H.B. No. 3824 was passed by the Senate on May
130	130	24, 2023, by the following vote: Yeas 31, Nays 0.
131	131	______________________________
132	132	Secretary of the Senate
133	133	APPROVED: _____________________
134	134	Date
135	135	_____________________
136	136	Governor