The State Board of Dental Examiners adopts new §114.3, Application of Pit and Fissure Sealants with changes to the proposed text as published in the October 19, 2001, issue of the Texas Register (26 TexReg 8312). Changes were made to §114.3(b) and (d)(2).

New §114.3 is adopted to implement the requirements of House Bill 3507, Article 4, enacted by the 77th Legislature. The Board proposes to amend the rule as published to address an oversight. The provisions of the Occupations Code, §258.002(b) as amended by House Bill 3507 provide that dentists may delegate to certified dental assistants authority to apply pit and fissure sealants. The section also provides that dental assistants may cleanse the occlusal and smooth surfaces of the tooth to prepare for the sealants or to prepare the tooth for application of orthodontic bonding resins. The proposed rule did not include "bonding resins".

The rule is amended at subsection (b) to read as follows:

(b) In addition to application of pit and fissure sealants a dental assistant 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.

Further, the Board has amended the rule at subsection (d)(2) to insert the term "CODA" to require that training be obtained through a CODA accredited program. The term was inadvertently omitted from the published version. The rule at subsection (d)(2) is amended to read as follows:

(2) completion of a minimum of 16 hours of clinical and didactic education in pit and fissure sealants taken through a CODA accredited dental hygiene program approved by the Board whose course of instruction includes:

No comments were received regarding adoption of the proposal.

The new rule is adopted under Texas Government Code §2001.021 et. seq; Texas Civil Statutes, the Occupations Code §254.001 which provides the State Board of Dental Examiners with the authority to adopt and enforce rules necessary for it to perform its duties, and to ensure compliance with laws relating to the practice of dentistry and with the provisions of House Bill 3507, Article 4, 77th Legislature, 2001.