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.
(c) The board shall contract with one or more independent or
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.
(c) If requested in writing by a person who fails the
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.
(c) Prior to commencing training, a hygiene student must have
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.
(c) The board shall contract with one or more independent or
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.
(c) A provisional license is valid until the date the board
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.
(c) A license holder on retired status:
(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.
(c) A person may practice without displaying the person's
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.