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 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.
§ 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 by the board
covering:
(A) the procedure for making dental x-rays;
(B) jurisprudence; and
(C) infection control; or
(2) pass an examination administered by the board
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 board shall set the registration fee for a dental
assistant who qualifies under Subsection (b)(1) in an amount
greater than the amount of the registration fee for a dental
assistant who qualifies under Subsection (b)(2).
(d) The portion of the examination described by Subsection
(b)(1)(B) must be tailored to a dental assistant's responsibilities
and role in a dental office.
(e) The board shall develop the examination or contract with
another person the board determines has the expertise and resources
to develop the examination. The board may create an advisory
committee consisting of dental industry professionals and
educators to advise the board in developing the examination.
(f) The examination shall be administered by the board or by
a testing service under an agreement with the board.
(g) A certificate of registration issued under this section
must be renewed annually.
(h) 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 standards
of care, procedures for infectious disease control, and the
requirements of this subtitle. A person may not renew a certificate
of registration unless the person complies with the continuing
education requirements.
Added by Acts 2003, 78th Leg., ch. 17, § 25, eff. Sept. 1, 2003.
