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Texas Occupations Code - Section 258.002. Delegation To Dental Assistant

Legal Research Home > Texas Laws > Occupations Code > Texas Occupations Code - Section 258.002. Delegation To Dental Assistant

§ 258.002. DELEGATION TO DENTAL ASSISTANT.  (a) A 
licensed dentist may delegate to a qualified and trained dental 
assistant acting under the dentist's direct supervision any dental 
act that a reasonable and prudent dentist would find is within the 
scope of sound dental judgment to delegate if:
		(1)  in the opinion of the delegating dentist, the act:                       
			(A)  can be properly and safely performed by the 
person to whom the dental act is delegated;  and
			(B)  is performed in a customary manner and is not 
in violation of this subtitle or any other statute;  and
		(2)  the person to whom the dental act is delegated does 
not represent to the public that the person is authorized to 
practice dentistry.
	(b)  A licensed dentist may delegate, under Subsection (a), 
the application of a pit and fissure sealant to a dental assistant 
if the dentist is a Medicaid provider or the dentist practices in an 
area determined to be underserved by the Texas Department of 
Health.  Cleansing of the occlusal and smooth surfaces of the teeth 
by a dental assistant is allowed immediately prior to and for the 
sole purpose of preparing the tooth area for the placement of pit 
and fissure sealants or orthodontic bonding resin, and shall not be 
billed as a prophylaxis.
	(c)  The board by rule shall establish guidelines regarding 
the types of dental acts that may be properly or safely delegated by 
a dentist, including a determination of which delegated dental 
acts, if any, require competency testing before a person may 
perform the act.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1470, § 4.01, eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 1144, § 1, eff. June 20, 2003.

Last modified: August 11, 2007