CHAPTER 265. REGULATION OF DENTAL ASSISTANTS

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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE D. DENTISTRY

CHAPTER 265. REGULATION OF DENTAL ASSISTANTS

Sec. 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;

(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.

Sec. 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.

Sec. 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.

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.

Sec. 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

(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.

Sec. 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.

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.

Sec. 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

(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.

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.

Sec. 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;

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;

(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.

Sec. 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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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