(a) A dentist may delegate to a dental assistant the
authority to perform only acts or procedures that are reversible.
An act or procedure that is reversible is capable of being reversed
or corrected.
(b) A dentist may not delegate or otherwise authorize
a dental assistant to perform any task for which a certificate or
additional training is required under this section, unless the dental
assistant holds the required certificate or has obtained the additional
training.
(c) A dental assistant may perform tasks under a dentist's
general or direct supervision. For the purposes of this section:
(1) "General supervision" means that the dentist employs
or is in charge of the dental assistant and is responsible for supervising
the services to be performed by the dental assistant. The dentist
may or may not be present on the premises when the dental assistant
performs the procedures.
(2) "Direct supervision" means that the dentist employs
or is in charge of the dental assistant and is physically present
in the office when the task is performed. Physical presence does not
require that the supervising dentist be in the treatment room when
the dental assistant performs the service as long as the dentist is
in the dental office.
(d) The dentist shall remain responsible for any delegated
act.
(e) The clinical tasks that a dental assistant can
perform under general supervision are limited to:
(1) the making of dental x-rays in compliance with
the Occupations Code, §265.005; and
(2) the provision of interim treatment of a minor
emergency dental condition to an existing patient of the treating
dentist in accordance with the Occupations Code, §265.003(a-1).
For purposes of this paragraph only, "existing patient" means a patient
that the supervising dentist has examined in the twelve (12) months
prior to the interim treatment. A treating dentist who delegates the
provision of interim treatment of a minor emergency condition to a
dental assistant shall schedule a follow-up appointment with the patient
within 30 days. It is not a violation if the dentist makes a good
faith attempt to schedule a follow-up appointment with the patient
within 30 days but is unable to because of circumstances outside the
dentist's control and those circumstances are clearly noted in the
patient's record.
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on February 26, 2018
TRD-201800818 Tyler Vance
Interim Executive Director
State Board of Dental
Examiners
Effective date: March 18, 2018
Proposal publication date: October 13, 2017
For further information, please call: (512) 475-0977
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