CHAPTER 265. REGULATION OF DENTAL ASSISTANTS
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;
(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.
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.
(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.
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
(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.
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.
(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.
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
(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.
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;
(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.
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.
(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.