Law:Title 3. Health Professions. Subtitle D. Dentistry from Chapter 265. Regulation Of Dental Assistants (Texas)

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Subtitle D. Dentistry

Contents

Chapter 265. Regulation Of Dental Assistants

Section 265.0001.  Definitions.

In this chapter:

(1)  "Coronal polishing" means the removal of plaque and extrinsic stain from exposed natural and restored tooth surfaces using an appropriate rotary instrument with rubber cup or brush and polishing agent, including the use of a toothbrush.

(2)  "Interim treatment of a minor emergency dental condition" means treatment of a condition that:

(A)  arises unexpectedly;

(B)  causes pain or discomfort to the patient;

(C)  is considered reversible;

(D)  does not require cutting hard or soft tissue; and

(E)  in the opinion of the treating dentist, may be performed by a properly trained dental assistant.

Added by Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 2, eff. September 1, 2009.



Section  265.001.  Registration.

The board may adopt and enforce rules requiring the registration of dental assistants as necessary to protect the public health and safety.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 265.002.  Supervision, Direction, And Responsibility.

(a) In this subtitle, a dental assistant is under the direct supervision, direction, and responsibility of a dentist if the dentist:

(1)  employs the dental assistant or is in charge of the dental assistant; and

(2)  is physically present in the dental office when the dental assistant performs a delegated dental act.

(b)  For purposes of Subsection (a)(2), physical presence does not require that the supervising dentist be in the treatment room when the dental assistant performs the service as long as the dentist is in the dental office.

(c)  In this subtitle, a dental assistant is under the general supervision, direction, and responsibility of a dentist if the dentist:

(1)  employs the dental assistant or is in charge of the dental assistant; and

(2)  is responsible for supervising the services to be performed by the dental assistant.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 3, eff. September 1, 2009.



Section 265.003.  Permitted Duties.

(a) A dental assistant who is not professionally licensed may be employed by and work in the office of a licensed and practicing dentist and perform one or more delegated dental acts under:

(1)  the direct supervision, direction, and responsibility of the dentist, including:

(A)  the application of a pit and fissure sealant;

(B)  coronal polishing, if the dental assistant holds a certificate under Section 265.006; and

(C)  the application of fluoride varnish; or

(2)  the general supervision, direction, and responsibility of the dentist, limited to:

(A)  the making of dental x-rays in compliance with Section 265.005; and

(B)  the provision of interim treatment of a minor emergency dental condition to an existing patient of the treating dentist.

(a-1)  A treating dentist who delegates the provision of interim treatment of a minor emergency dental condition to a dental assistant under Subsection (a)(2)(B) shall:

(1)  delegate the procedure orally or in writing before the dental assistant performs the procedure;

(2)  retain responsibility for the procedure; and

(3)  schedule a follow-up appointment with the patient within a reasonable time.

(b)  A dental assistant who applies a pit and fissure sealant under Subsection (a) may cleanse the occlusal and smooth surfaces of the teeth immediately before and for the sole purpose of preparing the tooth area for the placement of the pit and fissure sealant or orthodontic bonding resin.  A procedure performed by a dental assistant under this subsection may not be billed as a prophylaxis.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1470, Sec. 4.03, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1144, Sec. 2, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 4, eff. September 1, 2009.



Section  265.004.  Pit And Fissure Sealant Certificate.

(a) The board shall issue a pit and fissure sealant certificate to a dental assistant who qualifies under this section.

(b)  To qualify for a certificate, an applicant must:

(1)  have at least two years' experience as a dental assistant; and

(2)  have successfully completed a minimum of eight hours of clinical and didactic education in pit and fissure sealants taken through an accredited dental hygiene program or a dental assisting program accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the board.

(c)  The educational program under Subsection (b) must include courses on:

(1)  infection control;

(2)  cardiopulmonary resuscitation;

(3)  treatment of medical emergencies;

(4)  microbiology;

(5)  chemistry;

(6)  dental anatomy;

(7)  ethics related to pit and fissure sealant application;

(8)  jurisprudence related to pit and fissure sealant application; and

(9)  the correct application of sealants, including the actual clinical application of sealants.

(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 8(2), eff. September 1, 2009.

(e)  The board shall adopt rules as necessary to implement this section, including rules regarding renewal requirements for a certificate issued under this section.

Added by Acts 2001, 77th Leg., ch. 1470, Sec. 4.04, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 810, Sec. 8, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 5, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 8(2), eff. September 1, 2009.



Section 265.005.  X-ray Certificate.

(a) A dental assistant may not make dental x-rays unless the dental assistant holds a certificate of registration issued by the board under this section.

(b)  To qualify for a certificate of registration, a dental assistant must pay a fee in an amount determined by the board and:

(1)  pass an examination administered under this section on completion of a course covering:

(A)  the procedure for making dental x-rays;

(B)  jurisprudence; and

(C)  infection control; or

(2)  complete a course and pass an examination covering the subject described by Subdivision (1)(B) and be certified as a dental assistant by the Dental Assisting National Board if the board determines that the requirements for certification by that board are sufficient to protect the public.

(c)   The course and  examination described by Subsection (b)(1) must be tailored to a dental assistant's responsibilities and role in a dental office.

(d)  A course and examination described by Subsection (b) may be offered through self-study, interactive computer courses, or lecture courses and may be offered through the Internet.  The course and examination must comply with rules adopted under Subsection (f) and be approved by the board.

(e)   The board shall create an advisory committee consisting of dentists, dental assistants, and dental assistant educators to advise the board in adopting rules under Subsection (f).

(f)  The board by rule shall set:

(1)  objectives for the examination and course under Subsection (b)(1); and

(2)  procedures to ensure the examination's integrity.

(g)  The course and examination under Subsection (b)(1) shall comply with board rules.  Any school or program accredited by the Commission on Dental Accreditation of the American Dental Association or any dental industry professional organization may offer a course and examination that complies with board rules.

(h)  The board, in consultation with the advisory committee, shall develop a program to ensure that courses and examinations developed or administered under this section comply with board rules.

(i)  A certificate of registration issued under this section must be renewed annually.  Except as otherwise provided by this subsection, the board may not require a person who has successfully completed the course and examination required under Subsection (b) to complete an additional course or examination to renew the registration.  The board may require a person to complete a new course and examination if the person fails to renew the person's certificate of registration before the second anniversary of the date the certificate expired.

(j)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 8(3), eff. September 1, 2009.

(k)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 8(3), eff. September 1, 2009.

(l)  A dental assistant who is hired as a dental assistant for the first time and who has not previously been issued a certificate under this section may make dental x-rays without complying with this section until the first anniversary of the date on which the dental assistant is hired.

(m)  A dental assistant who holds a certificate of registration issued under this section shall display the person's current certificate of registration in each office in which the person makes dental x-rays.  If the person makes dental x-rays at more than one location, the person may display a duplicate of the original registration certificate obtained from the board on payment of a duplicate certificate fee set by the board.

(n)  A dental assistant who holds a certificate of registration issued under this section shall timely notify the board of:

(1)  any change of address of the person's place of business;

(2)  any change of employers; and

(3)  any change of the person's mailing address.

(o)  An initial certificate of registration issued under this section expires on the 30th day after the date the certificate is issued if the holder of the certificate fails to pay the required certificate fee on or before that date.

Added by Acts 2003, 78th Leg., ch. 17, Sec. 25, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 810, Sec. 9, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 8(3), eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 772, Sec. 8, eff. September 1, 2009.



Section 265.006.  Coronal Polishing Certificate.

(a) The board shall issue a coronal polishing certificate to a dental assistant who qualifies under this section.

(b)  To qualify for a coronal polishing certificate, an applicant must have at least two years' experience as a dental assistant and:

(1)  have successfully completed at least eight hours of clinical and didactic education in coronal polishing taken through a dental assisting program accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the board that includes courses on:

(A)  oral anatomy and tooth morphology relating to retention of plaque and stain;

(B)  indications, contraindications, and complications of coronal polishing;

(C)  principles of coronal polishing, including armamentarium, operator and patient positioning, technique, and polishing agents;

(D)  infection control procedures;

(E)  polishing coronal surfaces of teeth; and

(F)  jurisprudence relating to coronal polishing; or

(2)  present proof to the board that the assistant has:

(A)  graduated from a dental assisting program accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the board that includes specific didactic course work and clinical training in coronal polishing; or

(B)  received certification of completion of requirements specified by the Dental Assisting National Board and approved by the board.

Added by Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 6, eff. September 1, 2009.



Section 265.007.  Continuing Education For Certificate Holders.

(a) To renew a certificate issued under this chapter, a dental assistant must complete six hours of continuing education each year in areas covering dental assistant duties.

(b)  A dental assistant holding two or more certificates authorized by this chapter is required to complete 12 hours of continuing education each year to renew all of the certificates held by the assistant.

(c)  A dental assistant may fulfill continuing education requirements through board-approved self-study, interactive computer courses, or lecture courses.

Added by Acts 2009, 81st Leg., R.S., Ch. 476, Sec. 7, eff. September 1, 2009.


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