OCCUPATIONS CODE
CHAPTER 262. REGULATION OF DENTAL HYGIENISTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. DENTAL HYGIENE ADVISORY COMMITTEE
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 17, § 17, eff. Sept. 1, 2003.
§ 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 serve only one six-year term.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1249, § 8, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 18, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.089(a), eff. Sept. 1,
2001.
SUBCHAPTER C. POWERS AND DUTIES OF BOARD RELATING TO DENTAL
HYGIENISTS
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 19, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1999.
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
§ 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, § 1, eff. Sept. 1, 1999.
§ 262.1515. DELEGATION OF DUTIES TO DENTAL HYGIENIST
PRACTICING IN CERTAIN LONG-TERM CARE FACILITIES AND SCHOOL-BASED
HEALTH CENTERS. (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; or
(B) a school-based health center established
under Section 38.011, Education Code, as added by Chapter 1418,
Acts of the 76th Legislature, Regular Session, 1999.
(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 not perform a second set of
delegated tasks or procedures until 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 nursing facility or school-based health center
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, § 4.02, eff. Sept. 1,
2001.
§ 262.152. PERFORMANCE OF DELEGATED DUTIES. 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.091(a), eff. Sept. 1,
2001.
SUBCHAPTER E. PROHIBITED PRACTICES; CIVIL LIABILITY; PENALTIES
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 262.203. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates a provision of this chapter or
Chapter 256 relating to the regulation of dental hygienists.
(b) An offense under Subsection (a) is punishable by:
(1) a fine of not less than $100 or more than $1,000;
(2) confinement in jail for not less than one month or
more than one year; or
(3) both the fine and confinement.
(c) Each day of a violation under this section is a separate
offense.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
