Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 114EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS
RULE §114.3Pit and Fissure Sealant [Certificate ]
ISSUE 10/13/2017
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

  (1)"Didactic education" requires the presentation and instruction of theory and scientific principles.

  (2)"Clinical education" requires providing care to patient(s) under the direct supervision of a dentist or dental hygienist instructor.

  (3)"Direct Supervision" requires that the instructor responsible for the procedure shall be physically present during patient care and shall be aware of the patient's physical status and well-being.

[(b)This subsection applies only to applications for certification received by the Board before September 1, 2009. A Texas-licensed dentist who is enrolled as a Medicaid Provider with appropriate state agencies, or who practices in an area determined to be underserved by the Department of State Health Services, may delegate the application of a pit and fissure sealant to a dental assistant, if the dental assistant:]

  [(1)is employed by and works under the direct supervision of the licensed dentist; and]

  [(2)is certified pursuant to subsection (f) of this section.]

[(c)This subsection applies only to applications for certification received by the Board on or after September 1, 2009. A Texas-licensed dentist may delegate the application of pit and fissure sealant to a dental assistant, if the dental assistant is certified pursuant to subsection (f) of this section.]

(b)[(d)] In addition to application of pit and fissure sealants a dental assistant who meets the requirements [certified] in this section may use a rubber prophylaxis cup and appropriate polishing materials to cleanse the occlusal and smooth surfaces of teeth that will be sealed or to prepare teeth for application of orthodontic bonding resins. Cleansing is intended only to prepare the teeth for the application of sealants or bonding resins and should not exceed the amount needed to do so.

(c)[(e)] The dentist may not bill for a cleansing provided hereunder as a prophylaxis.

(d)A Texas-licensed dentist may delegate the application of pit and fissure sealants to a dental assistant if the dental assist has:

  (1)at least two years of experience as a dental assistant;

  (2)successfully completed a current course in basic life support; and

  (3)completed a minimum of 8 hours of education that includes clinical and didactic education in pit and fissure sealants taken through a CODA-accredited dental, dental hygiene, or dental assistant program approved by the Board whose course of instruction includes:

    (A)infection control;

    (B)cardiopulmonary resuscitation;

    (C)treatment of medical emergencies;

    (D)microbiology;

    (E)chemistry;

    (F)dental anatomy;

    (G)ethics related to pit and fissure sealants;

    (H)jurisprudence related to pit and fissure sealants; and

    (I)the correct application of sealants, including the actual clinical application of sealants.

(e)Application of pit and fissure sealants must be in accordance with the minimum standard of care and limited to the dental assistant's scope of practice.

(f)The dental assistant must comply with the Dental Practice Act and Board Rules in the application of pit and fissure sealants. Pursuant to §258.003 of the Dental Practice Act, the delegating dentist is responsible for all dental acts delegated to a dental assistant, including application of pit and fissure sealant.

[(f)A dental assistant wishing to obtain certification under this section must:]

  [(1)Pay an application fee set by board rule;]

  [(2)And on a form prescribed by the Board provide proof that the applicant has:]

    [(A)At least two years of experience as a dental assistant;]

    [(B)Successfully completed a current course in basic life support; and]

    [(C)Complete a minimum of 16 hours of education for certificates issued under applications received by the Board before September 1, 2009 or complete a minimum of 8 hours of education for certificates issued under applications received by the Board on or after September 1, 2009. To fulfill this requirement, the education must include clinical and didactic education in pit and fissure sealants taken through a CODA-accredited dental hygiene or dental assisting program approved by the Board whose course of instruction includes:]

      [(i)infection control;]

      [(ii)cardiopulmonary resuscitation;]

      [(iii)treatment of medical emergencies;]

      [(iv)microbiology;]

      [(v)chemistry;]

      [(vi)dental anatomy;]

      [(vii)ethics related to pit and fissure sealants;]

      [(viii)jurisprudence related to pit and fissure sealants; and]

      [(ix)the correct application of sealants, including the actual clinical application of sealants.]

[(g)Before January 1 of each year, a dental assistant registered under this section who wishes to renew that registration must:]

  [(1)Pay a renewal fee set by board rule; and]

  [(2)Submit proof that the applicant has successfully completed a current course in basic life support; and either]

  [(3)For certificates issued under applications filed before September 1, 2009, the dental assistant must complete at least six (6) hours of continuing education in technical and scientific coursework in the previous calendar year.]

    [(A)The terms "technical" and "scientific", as applied to continuing education, shall mean that courses have significant intellectual or practical content and are designed to directly enhance the practitioner's knowledge and skill in providing clinical care to the individual patient.]

    [(B)Dental assistants shall select and participate in continuing education courses offered by or endorsed by:]

      [(i)dental schools, dental hygiene schools, or dental assisting schools that have been accredited by the Commission on Dental Accreditation of the American Dental Association; or,]

      [(ii)nationally recognized dental, dental hygiene or dental assisting organizations.]

    [(C)No more than three (3) hours of the required continuing education coursework may be in self-study; or]

  [(4)For certificates issued under applications filed on or after September 1, 2009, the dental assistant must complete continuing education requirements in accordance with §114.12 of this chapter.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 29, 2017

TRD-201703950

Kelly Parker

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: November 12, 2017

For further information, please call: (512) 475-0977



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