Tex.
Occ. Code Section 258.001
Impermissible Delegations
(1)
an act to an individual who, by board order, is prohibited from performing the act;(2)
any of the following acts to a person not licensed as a dentist or dental hygienist:(A)
the removal of calculus, deposits, or accretions from the natural and restored surfaces of exposed human teeth and restorations in the human mouth;(B)
root planing or the smoothing and polishing of roughened root surfaces or exposed human teeth; or(C)
any other act the delegation of which is prohibited by board rule;(3)
any of the following acts to a person not licensed as a dentist:(A)
comprehensive examination or diagnosis and treatment planning;(B)
a surgical or cutting procedure on hard or soft tissue;(C)
the prescription of a drug, medication, or work authorization;(D)
the taking of an impression for a final restoration, appliance, or prosthesis;(E)
the making of an intraoral occlusal adjustment;(F)
direct pulp capping, pulpotomy, or any other endodontic procedure;(G)
the final placement and intraoral adjustment of a fixed or removable appliance; or(H)
the placement of any final restoration;(4)
the authority to an individual to administer a local anesthetic agent, inhalation sedative agent, parenteral sedative agent, or general anesthetic agent, including as a teledentistry dental service as that term is defined by Section 111.001 (Definitions), if the individual is not licensed as:(A)
a dentist with a permit issued by the board for the procedure being performed, if a permit is required;(B)
a certified registered nurse anesthetist licensed by the Texas Board of Nursing, only if the delegating dentist holds a permit issued by the board for the procedure being performed, if a permit is required; or(C)
a physician anesthesiologist licensed by the Texas Medical Board; or(5)
the authority to a dental hygienist to administer a local anesthetic agent unless:(A)
the dental hygienist:(i)
administers the local anesthetic agent by infiltration for purposes of a procedure the dental hygienist is authorized to perform;(ii)
has passed a board-approved certification examination relating to the administration of a local anesthetic agent;(iii)
either:(a)
has completed a board-approved course of study designed to train dental hygienists to administer a local anesthetic agent by infiltration; or(b)
during the preceding year, was authorized to administer a local anesthetic agent by:(iv)
complies with any applicable rules adopted by the board establishing minimum standards for the administration of a local anesthetic agent;(B)
the delegating dentist is physically present in the facility where the procedure is occurring and is continuously aware of the patient’s physical status and well-being; and(C)
the patient to whom the local anesthetic agent is administered is:(i)
at least 18 years of age; and(ii)
not sedated, or is sedated using only nitrous oxide-oxygen inhalation.
Source:
Section 258.001 — Impermissible Delegations, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.258.htm#258.001 (accessed Jun. 5, 2024).
