CHAPTER 256. LICENSING OF DENTISTS AND DENTAL HYGIENISTS

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-256-licensing-of-dentists-and-dental-hygienists

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE D. DENTISTRY

CHAPTER 256. LICENSING OF DENTISTS AND DENTAL HYGIENISTS

SUBCHAPTER A. ISSUANCE OF LICENSE TO PRACTICE DENTISTRY

Sec. 256.001. LICENSE REQUIRED. A person may not practice or

offer to practice dentistry or dental surgery or represent that

the person practices dentistry unless the person holds a license

issued by the board.

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

Sec. 256.002. MINIMUM QUALIFICATIONS OF DENTAL APPLICANT. (a)

An applicant for a license to practice dentistry must:

(1) be at least 21 years of age;

(2) be of good moral character; and

(3) present proof of:

(A) graduation from a dental school accredited by the Commission

on Dental Accreditation of the American Dental Association; or

(B) graduation from a dental school that is not accredited by

the commission and successful completion of training in an

American Dental Association approved specialty in an education

program accredited by the commission that consists of at least

two years of training as specified by the Council on Dental

Education.

(b) The board shall grant a dental license to an applicant who:

(1) meets the qualifications of this section;

(2) pays an application fee set by the board; and

(3) satisfactorily passes the examination required by the board.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.079(a), eff.

Sept. 1, 2001.

Sec. 256.003. EXAMINATION. (a) The board shall provide for the

examination of an applicant for a dental license.

(b) The examination must consist of subjects and operations

relating to dentistry, including:

(1) anatomy;

(2) physiology;

(3) anaesthesia;

(4) biochemistry;

(5) dental materials;

(6) diagnosis;

(7) treatment planning;

(8) ethics;

(9) jurisprudence;

(10) hygiene;

(11) pharmacology;

(12) operative dentistry;

(13) oral surgery;

(14) orthodontia;

(15) periodontia;

(16) prosthetic dentistry;

(17) pathology;

(18) microbiology; and

(19) any other subject regularly taught in reputable dental

schools that the board may require.

regional testing services for any required clinical examination.

If the board uses one or more regional testing services, the

board may contract for or otherwise use licensed dentists to

provide assistance to the regional testing service or services.

(d) The board shall have the written portion of the board's

jurisprudence examination validated by an independent testing

professional.

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

Amended by Acts 2001, 77th Leg., ch. 1249, Sec. 2, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.079(b), eff. Sept.

1, 2001.

Sec. 256.005. EXAMINATION RESULTS. (a) The board shall notify

each examinee of the results of the examination not later than

the 30th day after the date the examination is administered. If

an examination is graded or reviewed by a national testing

service, the board shall notify examinees of the results of the

examination not later than the 14th day after the date the board

receives the results from the testing service.

(b) If the notice of the examination results graded or reviewed

by a national testing service will be delayed for longer than 90

days after the examination date, the board shall notify the

examinee of the reason for the delay before the 90th day.

examination, the board shall provide to the person an analysis of

the person's performance on the examination as prescribed by

board rule.

(d) If the board contracts with an independent or regional

testing service, this section does not apply. The contract with

the testing service must provide for the notification of results

as provided by Subsection (a).

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.079(c), eff.

Sept. 1, 2001.

Sec. 256.006. REEXAMINATION. (a) The board by rule shall

establish the conditions under which and the number of times an

applicant may retake an examination.

(b) The board may require an applicant who fails the examination

to meet additional education requirements.

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

SUBCHAPTER B. ISSUANCE OF LICENSE TO DENTAL HYGIENIST

Sec. 256.051. DEFINITION. In this chapter, "dental hygienist"

means a person who practices dental hygiene under a license

issued under this chapter.

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

Sec. 256.052. LICENSE REQUIRED. A person may not practice or

offer to practice dental hygiene in this state unless the person

is licensed under this chapter.

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

Sec. 256.053. ELIGIBILITY FOR LICENSE. (a) An applicant for a

license to practice dental hygiene in this state must be:

(1) at least 18 years of age;

(2) of good moral character;

(3) a graduate of an accredited high school or hold a

certificate of high school equivalency; and

(4) a graduate of a recognized school of dentistry or dental

hygiene accredited by the Commission on Dental Accreditation of

the American Dental Association and approved by the board or an

alternative dental hygiene training program.

(b) A school of dentistry or dental hygiene described by

Subsection (a)(4) must include at least two full academic years

of instruction or its equivalent at the postsecondary level.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.080(a), eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1470, Sec. 3.01, eff.

Sept. 1, 2001.

Sec. 256.0531. ALTERNATIVE DENTAL HYGIENE TRAINING PROGRAMS.

(a) It is the intent of the legislature that programs approved

by the board under this section provide hygiene training that is

substantially equivalent to training provided under traditional

programs.

(b) An alternative dental hygiene training program must meet the

following requirements:

(1) the program must be determined to be eligible for

accreditation by the Commission on Dental Accreditation of the

American Dental Association before students can enroll in the

program;

(2) the program must require hygiene students to complete four

semesters of didactic education from a school of dentistry,

dental hygiene school, or other educational institution approved

by the board;

(3) didactic education shall be provided by instruction in the

classroom or by distance learning, remote coursework, or similar

modes of instruction offered by an institution accredited by the

Commission on Dental Accreditation of the American Dental

Association;

(4) didactic education shall include instruction in anatomy,

pharmacology, x-ray, ethics, jurisprudence, hygiene, and any

other subject regularly taught in reputable schools of dentistry

and dental hygiene that the board may require;

(5) the program must require hygiene students to complete not

less than 1,000 hours of clinical training under the direct

supervision of a dentist qualified under Subsection (d) or a

dental hygienist qualified under Subsection (f) during a 12-month

period. Students must satisfactorily complete 75 full-mouth

prophylaxes and demonstrate the ability to accurately record the

location and extent of dental restorations, chart mobility,

furcations, gingival recession, keratinized gingiva, and pocket

depth on six aspects of each tooth; and

(6) clinical training may occur simultaneously with didactic

education.

completed no less than two years of full-time employment in a

position involving clinical duties with dental patients.

(d) To be qualified to train a hygiene student under this

section, a dentist must:

(1) be licensed in Texas and have practiced in Texas for at

least five years;

(2) have completed a certification or calibration course

approved by the board for purposes of this section;

(3) meet recertification requirements at intervals of no more

than three years;

(4) also practice in a dental office located outside a standard

metropolitan statistical area, as defined by the United States

Census Bureau, or practice in an area that the Texas Department

of Health has determined is underserved or an area that has been

designated by the United States as having a shortage of dental

professionals; and

(5) have posted a notice visible to patients stating: "This

practice has been approved as an alternative dental hygiene

training program. Students in the program may be performing

services."

(e) A hygiene student who completes the requirements of a

program under this section must satisfactorily pass the

examination required for all hygiene license applicants under

this chapter.

(f) A dental hygienist may train hygiene students under this

section if:

(1) the dental hygienist is employed by a dentist who provides

training under this section and the hygienist works under the

direct supervision of the dentist in the same office as the

dentist;

(2) the dental hygienist has practiced full-time dental hygiene

for the five years immediately preceding the time the training is

provided; and

(3) the dental hygienist has completed a certification or

calibration course approved by the board and meets

recertification requirements at intervals of no more than five

years.

(g) A dentist who supervises a dental hygienist trained under

this section has the same liability for acts performed by the

hygienist as if the hygienist were trained in a different manner.

(h) The board shall adopt an alternative dental hygiene training

program no later than January 1, 2002.

(i) The board shall appoint an advisory committee to advise the

board in developing the alternative dental hygiene training

program. The advisory committee consists of the following members

appointed by the board:

(1) two dental hygienists nominated by a statewide association

of dental hygienists;

(2) two dentists nominated by a statewide association of

dentists;

(3) two dental educators nominated by the State Board of Dental

Examiners; and

(4) two dental hygienist educators nominated by the Dental

Hygiene Advisory Committee to the State Board of Dental

Examiners.

(j) In developing the program, the advisory committee shall

consider the standards adopted by the Commission on Dental

Accreditation.

(k) A student in an alternative dental hygiene training program

is not considered to be practicing dentistry as described by

Section 251.003.

(l) The board shall adopt rules requiring the dentist to give

written notice to patients, where applicable, that services will

be performed by a student in an alternative dental hygiene

training program, and requiring the dentist or the dentist's

staff to give oral notice to patients, where applicable, at the

time the patient's hygiene appointment is made or confirmed, that

services will be performed by a student in an alternative dental

hygiene training program.

(m) The board may adopt rules necessary to implement this

section. The board shall adopt a rule requiring notification to

dental hygiene students that accreditation of the alternative

dental hygiene training program is a requirement for obtaining a

license under this chapter.

Added by Acts 2001, 77th Leg., ch. 1470, Sec. 3.02, eff. Sept. 1,

2001.

Sec. 256.054. APPLICATION FOR EXAMINATION. To take the

examination under Section 256.055, an applicant for a license

must:

(1) submit an application on a form prescribed by the board;

(2) pay the application fee set by the board;

(3) attach to the application:

(A) proof of current certification in cardiopulmonary

resuscitation approved by the American Heart Association or

American Red Cross; or

(B) if the applicant is not physically able to comply with the

certification requirements of Paragraph (A), a written statement

describing the person's physical incapacity executed by a

licensed physician or an instructor in cardiopulmonary

resuscitation approved by the American Heart Association or

American Red Cross; and

(4) provide any other information the board requires to

determine the applicant's qualifications.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.081(a), eff.

Sept. 1, 2001.

Sec. 256.055. LICENSE EXAMINATION. (a) The board shall provide

for the examination of an applicant for a dental hygienist

license.

(b) The examination must include subjects and operations

relating to dentistry and dental hygiene, including:

(1) anatomy;

(2) pharmacology;

(3) x-ray;

(4) ethics;

(5) jurisprudence;

(6) hygiene;

(7) dental hygiene treatment planning;

(8) dental materials;

(9) physiology;

(10) pathology;

(11) microbiology; and

(12) any other subject regularly taught in reputable schools of

dentistry and dental hygiene that the board may require.

regional testing services for any required clinical examination.

If the board uses one or more regional testing services, the

board may contract for or otherwise use licensed dental

hygienists to provide assistance to the regional testing service

or services.

(d) The board shall have the written portion of the board's

jurisprudence examination validated by an independent testing

professional.

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

Amended by Acts 2001, 77th Leg., ch. 1249, Sec. 3, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.081(b), eff. Sept.

1, 2001.

Sec. 256.056. EXAMINATION RESULTS. (a) The board shall notify

each examinee of the results of the examination within a

reasonable time after the date of the examination.

(b) If the board contracts with an independent or regional

testing service, the contract with the service must provide for

the notification of results.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.081(c), eff.

Sept. 1, 2001.

Sec. 256.057. REEXAMINATION. (a) The board by rule shall

establish the conditions under which and the number of times an

applicant may retake an examination.

(b) The board may require an applicant who fails the examination

to meet additional education requirements set by the board.

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

Sec. 256.058. ISSUANCE OF LICENSE. The board shall issue a

license to practice dental hygiene to an applicant who has passed

all phases of the examination.

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

SUBCHAPTER C. GENERAL LICENSE PROVISIONS

Sec. 256.101. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE

APPLICANTS. (a) The board shall issue a license to practice

dentistry to a reputable dentist or a license to practice dental

hygiene to a reputable dental hygienist who:

(1) pays the fee set by the board;

(2) is licensed in good standing as a dentist or dental

hygienist in another state that has licensing requirements

substantially equivalent to the requirements of this subtitle;

(3) has not been the subject of a final disciplinary action and

is not the subject of a pending disciplinary action in any

jurisdiction in which the dentist or dental hygienist is or has

been licensed;

(4) has graduated from a dental or dental hygiene school

accredited by the Commission on Dental Accreditation of the

American Dental Association and approved by the board under board

rule;

(5) has passed a national or other examination relating to

dentistry or dental hygiene and recognized by the board;

(6) has passed the board's jurisprudence examination;

(7) has submitted documentation of current cardiopulmonary

resuscitation certification;

(8) has practiced dentistry or dental hygiene:

(A) for at least the three years preceding the date of

application for a license under this section; or

(B) as a dental educator at a dental school or dental hygiene

school accredited by the Commission on Dental Accreditation of

the American Dental Association for at least the five years

preceding the date of application for a license under this

section;

(9) has been endorsed by the board of dentistry in the

jurisdiction in which the applicant practices at the time of

application; and

(10) meets any additional criteria established by board rule.

(a-1) The board by rule shall specify the circumstances under

which the board may waive the requirement under Subsection (a)(8)

that an applicant for a license under this section has been

continuously engaged in the practice of dentistry or dental

hygiene during the period required by that subsection if the

applicant has engaged in the practice of dentistry or dental

hygiene for a cumulative total of at least three years before the

date of application for a license under this section.

(b) If the board does not complete the processing of an

application under this section before the 181st day after the

date all documentation and examination results required by this

section have been received, the board shall issue a license to

the applicant.

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

Amended by Acts 2001, 77th Leg., ch. 1249, Sec. 4, 5, eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 17, Sec. 13, eff. Sept. 1,

2003.

Sec. 256.1013. PROVISIONAL LICENSE. (a) The board may issue a

provisional license to an applicant currently licensed in another

jurisdiction who seeks a license in this state and who:

(1) has been licensed in good standing as a dentist or dental

hygienist for at least two years in another jurisdiction that has

licensing requirements substantially equivalent to the

requirements of this subtitle;

(2) is a graduate of a recognized school of dentistry or dental

hygiene accredited by the Commission on Dental Accreditation of

the American Dental Association and approved by the board;

(3) has passed a national or other examination recognized by the

board relating to the practice of dentistry or dental hygiene, as

appropriate; and

(4) is sponsored by a person who holds an appropriate license

under this subtitle and with whom the provisional license holder

will practice during the time the person holds a provisional

license.

(b) The board may waive the requirement of Subsection (a)(4) for

an applicant if the board determines that compliance with that

subdivision would be a hardship to the applicant.

approves or denies the provisional license holder's application

for a license. The board shall issue a license under this

subtitle to the provisional license holder if:

(1) the provisional license holder is eligible to be licensed

under Section 256.101; or

(2) the provisional license holder passes the part of the

examination under Section 256.003 or 256.055 that relates to the

applicant's knowledge and understanding of the laws and rules

relating to the practice of dentistry or dental hygiene, as

appropriate, in this state and:

(A) the board verifies that the provisional license holder meets

the academic and experience requirements for a license under this

subtitle; and

(B) the provisional license holder satisfies any other licensing

requirements under this subtitle.

(d) The board must approve or deny a provisional license

holder's application for a license not later than the 180th day

after the date the provisional license is issued. The board may

extend the 180-day period if the results of an examination have

not been received by the board before the end of that period.

(e) The board may establish a fee for provisional licenses in an

amount reasonable and necessary to cover the cost of issuing the

license.

Added by Acts 2003, 78th Leg., ch. 17, Sec. 14, eff. Sept. 1,

2003.

Sec. 256.1015. TEMPORARY LICENSE. (a) The board, upon payment

by the applicant of a fee set by the board, shall grant a

temporary license to practice dentistry to any reputable dentist

or a temporary license to practice dental hygiene to any

reputable dental hygienist who:

(1) meets all requirements of Section 256.101 except those of

Subsection (a)(8); and

(2) is employed by a nonprofit corporation that accepts Medicaid

reimbursement.

(b) A license granted under this section expires immediately

when a licensee fails to meet the requirements of this section.

Added by Acts 2001, 77th Leg., ch. 1470, Sec. 5.01, eff. Sept. 1,

2001.

Sec. 256.102. RETIRED STATUS. (a) The board by rule may allow

a license holder to place the person's license on retired status.

A license holder must apply to the board for retired status, on a

form prescribed by the board, before the expiration date of the

person's license.

(b) In determining whether to grant retired status, the board

shall consider the age, years of practice, and the status of the

license holder at the time of the application.

(1) is not required to pay license renewal fees; and

(2) except as provided by Subsection (f), may not perform any

activity regulated under this subtitle.

(d) To reinstate a license placed on retired status, the license

holder must submit a written request for reinstatement to the

board. The board may return the license to active status and

issue a renewal license if the license holder complies with any

education or other requirement established by board rule and pays

the renewal fee in effect at the time of the requested

reinstatement.

(e) The board may charge a reasonable administrative fee to

cover the cost of research and the preparation of documentation

for the board's consideration of a request for reinstatement of a

license on retired status.

(f) A dentist on retired status may perform an activity

regulated under this subtitle if the dentist's practice consists

only of voluntary charity care, as defined by board rule. The

board's rules under this subsection must prescribe the scope of

practice permitted for the retired dentist, the retired dentist's

authority to prescribe and administer drugs, and any continuing

education requirements applicable to the retired dentist.

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

Amended by:

Acts 2005, 79th Leg., Ch.

810, Sec. 3, eff. September 1, 2005.

Sec. 256.103. DISPLAY OF ANNUAL REGISTRATION CERTIFICATE. (a)

A licensed dentist or dental hygienist shall display the person's

current registration certificate in each office in which the

person provides dental services. If the dentist or dental

hygienist provides dental services 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.

(b) A licensed dentist may not operate on a patient's mouth or

treat lesions of the mouth or teeth unless the dentist displays

the dentist's registration certificate.

current registration certificate as required by Subsection (a)

for not more than 30 days after the date the person receives from

the board written confirmation that the person's original license

was issued.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.083(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

810, Sec. 4, eff. September 1, 2005.

Sec. 256.104. DUPLICATE LICENSE. (a) The board may issue a

duplicate license to a person whose license is lost or destroyed

if the person:

(1) pays a reasonable fee; and

(2) presents to the board an application for a duplicate

license, including an affidavit explaining the loss or

destruction and stating that the person is the same person

originally granted the license.

(b) If board records do not show that the person was previously

licensed, the board may refuse to issue a duplicate license.

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

Sec. 256.105. NOTIFICATION OF CHANGE OF INFORMATION. (a) Each

dentist, dental hygienist, and owner or manager of a dental

laboratory licensed or registered with the board shall timely

notify the board of:

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

(2) any change of employers for the dentist or dental hygienist

and any change of owners or managers for the dental laboratory;

and

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

(b) Notification under Subsection (a) is timely if the board

receives the notice not later than the 60th day after the date

the change occurs.

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

Amended by Acts 2001, 77th Leg., ch. 1249, Sec. 6, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

772, Sec. 3, eff. September 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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