2005 Texas Occupations Code CHAPTER 265. REGULATION OF DENTAL ASSISTANTS

OCCUPATIONS CODE

CHAPTER 265. REGULATION OF DENTAL ASSISTANTS


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 265.002. SUPERVISION, DIRECTION, AND 
RESPONSIBILITY.  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.

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


	§ 265.003. PERMITTED DUTIES.  (a) A dental assistant who 
is not professionally licensed may:
		(1)  be employed by and work in the office of a licensed 
and practicing dentist;  and
		(2)  perform one or more delegated dental acts under 
the direct supervision, direction, and responsibility of the 
dentist, including the application of a pit and fissure sealant.
	(b)  A dental assistant may apply a pit and fissure sealant 
under Subsection (a) only if:
		(1)  the assistant is certified to apply a pit and 
fissure sealant under Section 265.004;  and
		(2)  the dentist described by Subsection (a):                                 
			(A)  is a Medicaid provider;  or                                             
			(B)  practices in an area determined to be 
underserved by the Texas Department of Health.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1470, § 4.03, eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 1144, § 2, eff. June 20, 2003.


	§ 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 16 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)  To maintain a certificate under this section, the dental 
assistant must complete at least six hours of continuing education 
in technical and scientific coursework each year.
	(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, § 4.04, eff. Sept. 1, 
2001.  Amended by Acts 2005, 79th Leg., ch. 810, § 8, eff. Sept. 
1, 2005.


	§ 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)  The board by rule shall develop a mandatory continuing 
education program for holders of certificates of registration.  The 
board may not require a person to complete more than 12 hours of 
continuing education annually.  The curriculum must cover dental 
assistant duties.
	(k)  A person may not renew a certificate of registration 
unless the person complies with the continuing education 
requirements.  The person may fulfill continuing education 
requirements through board-approved self-study, interactive 
computer courses, or lecture courses.
	(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.

Added by Acts 2003, 78th Leg., ch. 17, § 25, eff. Sept. 1, 2003.  
Amended by Acts 2005, 79th Leg., ch. 810, § 9, eff. Sept. 1, 
2005.