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TITLE 22EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 108PROFESSIONAL CONDUCT
SUBCHAPTER DMOBILE DENTAL FACILITIES
RULE §108.40Permit Required

(a) Beginning September 1, 2001, every mobile dental facility, and, except as provided herein, every portable dental unit operated in Texas by any entity must have a permit as provided by this title (relating to Mobile Dental Facilities).

(b) Licensees who do not have a permit for a portable dental unit or who are employed by a dental organization not having a portable dental unit permit may provide dental services through use of dental instruments and equipment taken out of a dental office without a permit if;

  (1) the service is provided as emergency treatment;

  (2) a patient of record of the licensee or organization is treated outside of the dental office;

  (3) treatment is provided to residents of nursing homes or convalescent facilities; or

  (4) treatment is provided without charge to patients or to any third party payer, so long as such treatment is not provided on a regular basis.

  (5) anesthesia/sedation services are provided and the licensee is permitted to provide portable anesthesia services under the provisions of Rule 108.33 of this title (relating to Sedation/Anesthesia Permit); or

  (6) the service is provided in an office of another licensed dentist.


Source Note: The provisions of this §108.40 adopted to be effective February 20, 2001, 26 TexReg 1494

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