CHAPTER 262. REGULATION OF DENTAL HYGIENISTS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE D. DENTISTRY
CHAPTER 262. REGULATION OF DENTAL HYGIENISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 262.001. DEFINITIONS. In this chapter:
(1) "Advisory committee" means the Dental Hygiene Advisory
Committee.
(2) "Dental hygienist" means a person who practices dental
hygiene under a license issued by the board under Chapter 256.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 262.002. PRACTICE OF DENTAL HYGIENE. (a) A person
practices dental hygiene if the person:
(1) removes accumulated matter, tartar, deposits, accretions, or
stains, other than mottled enamel stains, from the natural and
restored surface of exposed human teeth and restorations in the
human mouth;
(2) smoothes roughened root surfaces;
(3) polishes exposed human teeth, restorations in the human
mouth, or roughened root surfaces;
(4) topically applies drugs to the surface tissues of the human
mouth or the exposed surface of human teeth;
(5) makes dental x-rays; and
(6) performs any other service, task, or procedure prescribed by
board rule.
(b) A person legally practicing dental hygiene does not violate
state law regulating the practice of dentistry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 262.003. EXEMPTIONS. This chapter does not apply to:
(1) a licensed dentist practicing dentistry in this state,
except as provided by Subchapter D;
(2) a physician authorized to practice medicine in this state;
or
(3) an employee of a licensed dentist who makes dental x-rays in
the office of and under the supervision of a dentist practicing
dentistry in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. DENTAL HYGIENE ADVISORY COMMITTEE
Sec. 262.051. DENTAL HYGIENE ADVISORY COMMITTEE. The advisory
committee shall advise the board on matters relating to dental
hygiene.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 262.052. ADVISORY COMMITTEE MEMBERSHIP. The advisory
committee consists of six members as follows:
(1) three dental hygienist members appointed by the governor;
(2) one dentist member appointed by the board; and
(3) two members who represent the public appointed by the
governor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 262.053. MEMBERSHIP RESTRICTIONS. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the advisory committee if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of health care;
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
care; or
(3) the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the
operation of the advisory committee.
(c) A person is not eligible for appointment as a member of the
advisory committee if the person is a member of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 17, Sec. 17, eff. Sept. 1,
2003.
Sec. 262.054. TERMS. (a) Members of the advisory committee
serve staggered six-year terms with the terms of one-third of the
members expiring on February 1 of each odd-numbered year.
(b) A member may not serve more than two consecutive full terms.
The completion of the unexpired portion of a term does not
constitute service for a full term for purposes of this
subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1249, Sec. 8, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
772, Sec. 5, eff. September 1, 2009.
Sec. 262.055. PRESIDING OFFICER. The advisory committee shall
elect a presiding officer from its members to serve a one-year
term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 262.0555. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the advisory committee that a member:
(1) does not have at the time of taking office the
qualifications required by Section 262.052;
(2) does not maintain during service on the advisory committee
the qualifications required by Section 262.052;
(3) is ineligible for membership under Section 262.053;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
advisory committee meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority
vote of the advisory committee.
(b) The validity of an action of the advisory committee is not
affected by the fact that it is taken when a ground for removal
of an advisory committee member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the advisory committee of the potential
ground. The presiding officer shall then notify the governor and
the attorney general that a potential ground for removal exists.
If the potential ground for removal involves the presiding
officer, the executive director shall notify the next highest
ranking officer of the advisory committee, who shall then notify
the governor and the attorney general that a potential ground for
removal exists.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 18, eff. Sept. 1,
2003.
Sec. 262.056. PER DIEM; REIMBURSEMENT. (a) An advisory
committee member is entitled to the per diem set by the General
Appropriations Act for each day the member engages in committee
business.
(b) An advisory committee member may receive reimbursement for
travel expenses, including expenses for meals and lodging.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.089(a), eff.
Sept. 1, 2001.
SUBCHAPTER C. POWERS AND DUTIES OF BOARD RELATING TO DENTAL
HYGIENISTS
Sec. 262.101. BOARD POWERS AND DUTIES. The board shall:
(1) administer this chapter; and
(2) regulate all matters concerning dental hygienists and the
practice of dental hygiene.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 262.102. RULEMAKING AUTHORITY OF BOARD. (a) The board
shall adopt and enforce rules that are necessary and advisable to
carry out the purposes of and to enforce this chapter, including
rules relating to professional conduct for dental hygienists.
(b) As necessary to protect public health and safety, the board
may adopt and enforce a rule to establish the number of dental
hygienists a dentist may employ.
(c) The board may not adopt a rule relating to the practice of
dental hygiene before the 31st day after the date the proposed
rule is submitted to the advisory committee for review and
comment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 262.1025. AUTHORITY OF ADVISORY COMMITTEE TO RECOMMEND
RULES; ADOPTION BY BOARD. (a) The advisory committee may make a
recommendation to the board relating to the regulation of the
practice of dental hygiene. A recommendation under this
subsection may include a proposed rule in a form suitable for
publication in the Texas Register.
(b) The board may:
(1) adopt a rule in accordance with the recommendation; or
(2) reject the recommendation.
(c) If the board fails to take action on the recommendation
before the 91st day after the date the recommendation is
submitted to the board, the board shall adopt a rule in
accordance with the recommendation.
(d) Except as provided by Subsection (e), Section 262.102(c)
applies to the adoption of a rule under this section.
(e) If the recommendation includes a proposed rule, the board is
not required to comply with Section 262.102(c) before adopting
the proposed rule.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 19, eff. Sept. 1,
2003.
Sec. 262.103. NOTICE OF MEETINGS. To ensure that the advisory
committee properly exercises its advisory powers, the board shall
provide the advisory committee with timely notice of each board
meeting and a copy of the minutes of each meeting.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
Sec. 262.151. DELEGATION OF DUTIES BY DENTIST. (a) A licensed
dentist may delegate orally or in writing a service, task, or
procedure to a dental hygienist who is under the supervision and
responsibility of the dentist, if:
(1) the dental hygienist is licensed to perform the service,
task, or procedure;
(2) the supervising dentist examines the patient:
(A) at the time the service, task, or procedure is performed by
the dental hygienist; or
(B) during the 12 calendar months preceding the date of
performance of the service, task, or procedure by the dental
hygienist; and
(3) the dental hygienist does not:
(A) diagnose a dental disease or ailment;
(B) prescribe a treatment or a regimen;
(C) prescribe, order, or dispense medication; or
(D) perform any procedure that is irreversible or involves the
intentional cutting of soft or hard tissue by any means.
(b) A licensed dentist may delegate to a dental hygienist any
act that a dentist may delegate to a dental assistant.
(c) A dentist is not required to be on the premises when the
dental hygienist performs a delegated act.
(d) This chapter does not prevent a dentist from authorizing a
dental hygienist employed by the dentist to:
(1) instruct and educate a patient in proper oral hygiene; or
(2) provide to a patient a medication ordered by the dentist.
(e) This chapter does not prevent a dental hygienist from
incidentally removing cementum during root planing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 262.1515. DELEGATION OF DUTIES TO DENTAL HYGIENIST
PRACTICING IN CERTAIN FACILITIES. (a) A licensed dentist may
delegate a service, task, or procedure, pursuant to this section,
to a dental hygienist, without complying with Section
262.151(a)(2) if:
(1) the dental hygienist has at least two years' experience in
the practice of dental hygiene; and
(2) the service, task, or procedure is performed in one of the
following locations:
(A) a nursing facility as defined in Section 242.301, Health and
Safety Code;
(B) a school-based health center established under Subchapter B,
Chapter 38, Education Code; or
(C) a community health center as defined by Section 136.002,
Human Resources Code.
(b) The patient must be referred to a licensed dentist after the
completion of a service, task, or procedure performed under
Subsection (a).
(c) A dental hygienist may only perform delegated tasks or
procedures with respect to a patient for six months unless the
patient has been examined by a dentist in compliance with Section
262.151(a)(2).
(d) A dental hygienist may not perform any service, task, or
procedure under this section without the express authorization of
a dentist.
(e) The facility under Subsection (a)(2) shall note each
delegated service, task, or procedure performed by the dental
hygienist under this section in the patient's medical records.
Added by Acts 2001, 77th Leg., ch. 1470, Sec. 4.02, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 15.0045, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
270, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
270, Sec. 2, eff. September 1, 2009.
Sec. 262.152. PERFORMANCE OF DELEGATED DUTIES. Except as
provided by Section 262.1515, a dental hygienist shall practice
dental hygiene:
(1) in the dental office of a supervising dentist licensed by
the board; or
(2) in an alternate setting, including a nursing home, the
patient's home, a school, a hospital, a state institution, a
public health clinic, or another institution, under the
supervision of a supervising dentist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.091(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
270, Sec. 3, eff. September 1, 2009.
SUBCHAPTER E. PROHIBITED PRACTICES; CIVIL LIABILITY; PENALTIES
Sec. 262.201. PROHIBITED PRACTICE. A dental hygienist may not
practice or offer to practice dental hygiene under a name other
than the name appearing on the person's license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 262.202. CIVIL LIABILITY. A dental hygienist who
administers to a person cardiopulmonary resuscitation or other
emergency care in an emergency situation is not liable to the
person for damages unless the emergency care is performed in a
wilfully or wantonly negligent manner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.