2005 Texas Occupations Code CHAPTER 251. GENERAL PROVISIONS RELATING TO PRACTICE OF DENTISTRY

OCCUPATIONS CODE

SUBTITLE D. DENTISTRY

CHAPTER 251. GENERAL PROVISIONS RELATING TO PRACTICE OF DENTISTRY


	§ 251.001. SHORT TITLE.  This subtitle may be cited as the 
Dental Practice Act.

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


	§ 251.002. DEFINITIONS.  In this subtitle:                                  
		(1)  "Board" means the State Board of Dental Examiners.                       
		(2)  "Executive director" means the executive director 
of the board.        

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


	§ 251.003. PRACTICE OF DENTISTRY.  (a) For purposes of 
this subtitle, a person practices dentistry if the person:
		(1)  represents to the public that the person is a 
dentist or dental surgeon or uses or permits to be used for the 
person or another person the title of "Doctor," "Dr.," "Doctor of 
Dental Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," 
or another description, including the use of the terms "denturist" 
or "denturism," that, directly or indirectly, represents that the 
person is able to:
			(A)  diagnose, treat, or remove stains or 
concretions from human teeth;  or
			(B)  provide surgical and adjunctive treatment 
for a disease, pain, injury, deficiency, deformity, or physical 
condition of the human teeth, oral cavity, alveolar process, gums, 
jaws, or directly related and adjacent masticatory structures;
		(2)  performs or offers to perform by any means the:                          
			(A)  cleaning of human teeth;                                                
			(B)  removal of stains, concretions, or deposits 
from teeth in the human mouth;  or
			(C)  diagnosis, treatment, operation, or 
prescription for a disease, pain, injury, deficiency, deformity, or 
physical condition of the human teeth, oral cavity, alveolar 
process, gums, or jaws;
		(3)  prescribes, makes, or causes to be made or offers 
to prescribe, make, or cause to be made by any means an impression 
of any portion of the human mouth, teeth, gums, or jaws:
			(A)  to diagnose, prescribe, or treat, or aid in 
the diagnosis, prescription, or treatment, of a physical condition 
of the human mouth, teeth, gums, or jaws;  or
			(B)  to construct or aid in the construction of a 
dental appliance, denture, dental bridge, false teeth, dental plate 
of false teeth, or another substitute for human teeth;
		(4)  owns, maintains, or operates an office or place of 
business in which the person employs or engages under any type of 
contract another person to practice dentistry;
		(5)  fits, adjusts, repairs, or substitutes or offers 
to fit, adjust, repair, or substitute in the human mouth or directly 
related and adjacent masticatory structures a dental appliance, 
structure, prosthesis, or denture;
		(6)  aids in the fitting, adjusting, repairing, or 
substituting or causes to be fitted, adjusted, repaired, or 
substituted in the human mouth or directly related and adjacent 
masticatory structures a dental appliance, structure, prosthesis, 
or denture;
		(7)  without a written prescription or work order 
signed by a dentist legally practicing dentistry in this state or in 
the jurisdiction in which the dentist maintains the dentist's 
office:
			(A)  makes, processes, reproduces, repairs, or 
relines a full or partial denture, fixed or removable dental bridge 
or appliance, dental plate of false teeth, artificial dental 
restoration, or a substitute or corrective device or appliance for 
the human teeth, gums, jaws, mouth, alveolar process, or any part 
for another;  or
			(B)  offers, undertakes, aids, abets, or causes 
another person to engage in an activity described by Paragraph (A);
		(8)  directly or indirectly offers, undertakes, or 
causes another to perform for any person an act, service, or part of 
an act or service in the practice of dentistry, including:
			(A)  inducing, administering, prescribing, or 
dispensing anesthesia or an anesthetic drug, medicine, or an agent 
in any way related to the practice of dentistry;
			(B)  permitting or allowing another to use the 
person's license or certificate to practice dentistry in this 
state;  or
			(C)  aiding or abetting the practice of dentistry 
by a person not licensed by the board to practice dentistry;
		(9)  controls, influences, attempts to control or 
influence, or otherwise interferes with the exercise of a dentist's 
independent professional judgment regarding the diagnosis or 
treatment of a dental disease, disorder, or physical condition;  or
		(10)  represents that the person is a denturist or uses 
another title that is intended to convey to the public that the 
services offered by the person are included within the practice of 
dentistry.
	(b)  The practice of dentistry under Subsection (a)(9) does 
not:             
		(1)  require an entity to pay for services that are not 
provided for in an agreement;  or
		(2)  exempt a dentist who is a member of a hospital 
staff from following hospital bylaws, medical staff bylaws, or 
established policies approved by the governing board and the 
medical and dental staff of the hospital.
	(c)  In this subtitle, the practice of the dental specialty 
of oral and maxillofacial surgery includes the diagnosis of and the 
surgical and adjunctive treatment of diseases, injuries, and 
defects involving the functional and aesthetic aspects of the hard 
and soft tissues of the oral and maxillofacial region.

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


	§ 251.004. EXEMPTION FROM PRACTICE OF DENTISTRY.  (a) A 
person does not practice dentistry as provided by Section 251.003 
if the person is:
		(1)  a faculty member of a reputable dental or dental 
hygiene school in which the member performs services for the sole 
benefit of the school;
		(2)  a student of a reputable dental school who 
performs the student's operations without pay, except for actual 
cost of materials, in the presence of and under the direct personal 
supervision of a demonstrator or teacher who is a faculty member of 
a reputable dental school;
		(3)  a person:                                                                
			(A)  who performs laboratory work only on inert 
matter;  and               
			(B)  who does not solicit or obtain work by any 
means from a person who is not a licensed dentist engaged in the 
practice of dentistry and does not act as the agent or solicitor of, 
and does not have any interest in, a dental office or practice or 
the receipts of a dental office or practice;
		(4)  a physician licensed in this state who does not 
represent that the person is practicing dentistry, including a 
physician who extracts teeth or applies pain relief in the regular 
practice of the physician's profession;
		(5)  a dental hygienist:                                                      
			(A)  who is authorized to practice dental hygiene 
in this state;  and      
			(B)  who practices dental hygiene in strict 
conformity with the state law regulating the practice of dental 
hygiene;
		(6)  a person who is a member of an established church 
and practices healing by prayer only;
		(7)  an employee of a licensed dentist in this state who 
makes dental x-rays in the dental office under the supervision of 
the dentist;
		(8)  a Dental Health Service Corporation chartered 
under Section A(1), Article 2.01, Texas Non-Profit Corporation Act 
(Article 1396-2.01, Vernon's Texas Civil Statutes);
		(9)  a dental intern or dental resident as defined and 
regulated by board rules;
		(10)  a student:                                                              
			(A)  who is in a dental hygiene program accredited 
by the Commission on Dental Accreditation of the American Dental 
Association and operated at an accredited institution of higher 
education;
			(B)  who practices dental hygiene without pay 
under the general supervision of a dentist and under the 
supervision of a demonstrator or teacher who is a faculty member of 
the program:
				(i)  in a clinic operated for the sole 
benefit of the program's institution of higher education;  or
				(ii)  in a clinic operated by a government or 
nonprofit organization that serves underserved populations as 
determined by board rule;  and
			(C)  who practices in strict conformity with state 
law regulating the practice of dental hygiene;
		(11)  a dental assistant who performs duties permitted 
under Chapter 265, in strict conformity with state law;
		(12)  a dentist or dental hygienist licensed by another 
state or a foreign country who performs a clinical procedure only as 
a demonstration for professional and technical education purposes, 
if the dentist or dental hygienist first obtains from the board a 
temporary license for that purpose;
		(13)  a dental hygienist who is a faculty member of a 
dental or dental hygiene school while practicing dental hygiene:
			(A)  under the supervision of a dentist licensed 
in this state or of a teacher or demonstrator who is a dentist 
faculty member of the school;  and
			(B)  in strict conformity with state law 
regulating the practice of dental hygiene;
		(14)  a dentist who is in a remedial training program 
sponsored by the Commission on Dental Accreditation of the American 
Dental Association at an accredited dental or dental hygiene 
school;
		(15)  a dental hygienist who is in a remedial training 
program sponsored by the Commission on Dental Accreditation of the 
American Dental Association at an accredited dental or dental 
hygiene school and who acts in strict conformity with state law 
regulating the practice of dental hygiene, except that supervision 
may be provided by a demonstrator or teacher who is a dentist member 
of the program;
		(16)  a dentist who is not licensed in this state and 
who is taking the dental clinical examination offered in this state 
by an examining body designated by the board;
		(17)  a dental hygienist who is not licensed in this 
state and who is taking the dental hygiene clinical examination 
offered in this state by an examining body designated by the board 
if participation is in strict conformity with state law regulating 
the practice of dental hygiene, except that supervision may be 
provided by a dentist whose services are secured by the examining 
body;
		(18)  a dentist whose license is in retired status or 
who is licensed in another state and is attending a continuing 
education clinical program offered at a dental or dental hygiene 
school accredited by the Commission on Dental Accreditation of the 
American Dental Association;  or
		(19)  a dental hygienist whose dental hygienist license 
is in retired status or who is licensed in another state and is 
attending a continuing education clinical program offered at a 
dental or dental hygiene school accredited by the Commission on 
Dental Accreditation of the American Dental Association if tasks 
are performed in strict conformity with state law regulating the 
practice of dental hygiene, except that supervision may be provided 
by a dentist member of the program.
	(b)  A person's activities described by Subsections (a)(14), 
(15), and (18) are considered not to be the practice of dentistry 
only to the extent the person is participating in the specified 
program.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.071(a), eff. Sept. 1, 
2001;  Acts 2005, 79th Leg., ch. 810, § 1, eff. Sept. 1, 2005.


	§ 251.005. APPLICATION OF SUNSET ACT.  The State Board of 
Dental Examiners is subject to Chapter 325, Government Code (Texas 
Sunset Act).  Unless continued in existence as provided by that 
chapter, the board is abolished September 1, 2015.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1481, § 1.02, eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 17, § 1, eff. Sept. 1, 2003.