Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 115EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE
RULE §115.2Permitted Duties
ISSUE 12/23/2022
ACTION Proposed
Preamble Texas Admin Code Rule

(a)In addition to the duties that a dentist may delegate pursuant to the Dental Practice Act and Board Rules, a Texas-licensed dental hygienist (hygienist) may perform the following services and procedures in the dental office of his/her supervising Texas-licensed dentist (dentist) or dentists who are legally engaged in the practice of dentistry in this state or under the supervision of a supervising dentist in an alternate setting:

  (1)remove accumulated matter, tartar, deposits, accretions, or stains, other than mottled enamel stains, from the natural and restored surface of exposed human teeth and restorations in the human mouth;

  (2)smooth roughened root surfaces;

  (3)polish exposed human teeth, restorations in the human mouth, or roughened root surfaces;

  (4)topically apply drugs to the surface tissues of the human mouth or the exposed surface of human teeth;

  (5)make dental x-rays; [and]

  (6)apply pit and fissure sealants; and [. ]

     [(A)dental hygienists who graduated from a dental or dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association after December 31, 1980 may do so without obtaining a certificate from the SBDE;]

     [(B)dental hygienists who graduated from a dental or dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association before December 31, 1980, must obtain certification from the SBDE to apply sealants. Certification to apply pit and fissure sealants in Texas may be obtained by submitting a written request to the SBDE accompanied by proof of course completion.]

  (7)monitor patients receiving nitrous oxide/oxygen inhalation conscious sedation only after obtaining approval from the board, and only under the direct supervision of a Texas licensed dentist. The board will issue a nitrous oxide monitoring endorsement after a hygienist provides proof of successful completion of a board approved course, that includes examination, on the monitoring of the administration of nitrous oxide. [obtaining certification issued by the State Board of Dental Examiners and only under the direct supervision of a Texas licensed dentist. Certification may be obtained by successful completion of a board-approved course, that includes examination, on the monitoring of the administration of nitrous oxide.]

(b)Dental hygienists may use lasers in the practice of dental hygiene under the direct supervision of a dentist, so long as they do not perform any procedure that is irreversible or involves the intentional cutting of soft or hard tissue.

  (1)Prior to using a laser for non-diagnostic purposes, dental hygienists must complete no less than twelve hours of in-person continuing education in laser utilization specific to the procedures to be performed by the dental hygienist using the laser. Three of the twelve required hours must include clinical simulation laser training similar to the procedures to be performed by the dental hygienist. The continuing education must be provided by an educational course provider recognized by the Board. Dental hygienists must maintain documentation of the satisfactory completion of the required continuing education courses.

  (2)Use of lasers by dental hygienists must be in accordance with the minimum standard of care and limited to the dental hygienist's scope of practice.

  (3)A dentist who supervises a dental hygienist in the use of lasers must have laser education and training sufficient to adequately supervise the dental hygienist, including but not limited to meeting the continuing education requirements required of dental hygienists in subsection (b)(1) of this section. Pursuant to §258.003 of the Dental Practice Act, the delegating dentist is responsible for all dental acts delegated to the dental hygienist, including the use of lasers.

  (4)The dental hygienist must comply with the Dental Practice Act and Board Rules in the use of lasers. The dental hygienist may be subject to disciplinary action for any act that violates the Dental Practice Act or Board Rules.

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-202204909

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



Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page