(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, §265.001 [§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 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 December 9, 2022
TRD-202204905 Lauren
Studdard
General Counsel
State Board of Dental Examiners
Earliest possible date of adoption: January 22, 2023
For further information, please call: (512) 305-8910
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