Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 108PROFESSIONAL CONDUCT
SUBCHAPTER APROFESSIONAL RESPONSIBILITY
RULE §108.7Minimum Standard of Care, General
ISSUE 09/09/2005
ACTION Proposed
Rule Withdrawn: 11/17/2005
Preamble Texas Admin Code Rule

Each dentist licensed by the State Board of Dental Examiners and practicing in Texas shall conduct his/her practice in a manner consistent with that of a reasonable and prudent dentist under the same or similar circumstance. Further, each dentist:

  (1)Shall maintain patient records that meet the requirements set forth in §108.8 of this title (relating to Records of the Dentist).

   (2)Shall maintain and review the patient's medical history that shall include, but shall not necessarily be limited to, known allergies to drugs, serious illness, current medications, previous hospitalizations and significant surgery, and a review of the physiologic systems obtained by patient history.

    (A)A "check list", for consistency, may be utilized in obtaining initial information.

    (B)The dentist shall review and update the medical history with the patient at any time a reasonable and prudent dentist in the same or similar circumstances would so do.

   (3)Shall conduct an initial limited physical examination which shall include, but shall not necessarily be limited to, measurement of blood pressure and pulse/heart rate.

    (A)Blood pressure and pulse/heart rate measurements are not required to be taken on any patient twelve (12) years of age or younger, unless the patient's medical condition or history indicate such a need.

    (B)The dentist shall conduct and document a limited physical examination periodically, and/or when a reasonable and prudent dentist under the same or similar circumstances would determine it is indicated.

   [(2)Shall maintain and review an initial medical history and perform limited physical evaluation for all dental patients to wit:]

    [(A)The initial medical history shall include, but shall not necessarily be limited to, known allergies to drugs, serious illness, current medications, previous hospitalizations and significant surgery, and a review of the physiologic systems obtained by patient history. A "check list", for consistency, may be utilized in obtaining initial information. The dentist shall review the medical history with the patient at any time a reasonable and prudent dentist in the same or similar circumstances would so do.]

    [(B)The initial limited physical examination shall include, but shall not necessarily be limited to, measurement of blood pressure and pulse/heart rate. Blood pressure and pulse/heart rate measurements are not required to be taken on any patient twelve (12) years of age or younger, unless the patient's medical condition or history indicate such a need.]

   [(3)Shall obtain and review an updated medical history and limited physical evaluation when a reasonable and prudent dentist under the same or similar circumstances would determine it is indicated.]

  (4)Shall, for office emergencies:

    (A)maintain a positive pressure breathing apparatus including oxygen which shall be in working order;[.]

    (B)maintain other emergency equipment and/or currently dated drugs as a reasonable and prudent dentist with the same or similar training and experience in the same or similar circumstances would maintain;

    (C)provide training to dental office personnel in emergency procedures which shall include, but not necessarily be limited to, basic cardiac life support, inspection and utilization of emergency equipment in the dental office, and office procedures to be followed in the event of an emergency as determined by a reasonable and prudent dentist in the same or similar circumstances; and,

    (D)shall adhere to generally accepted protocols and/or standards of care for management of complications and emergencies.

  (5)Shall successfully complete a current course in basic cardiopulmonary resuscitation that includes a demonstration of skills and a written evaluation. [given or approved by either the American Heart Association or the American Red Cross.]

  (6)Shall [Should] maintain a written informed consent signed by the patient, or a parent or legal guardian of the patient if the patient is a minor, or a legal guardian of the patient if the patient has been adjudicated incompetent to manage the patient's personal affairs. Such consent is required for all treatment plans and procedures where a reasonable possibility of complications from the treatment planned or a procedure exists, and such consent shall [should] disclose risks or hazards that could influence a reasonable person in making a decision to give or withhold consent.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 26, 2005

TRD-200503699

Sherri Sanders

Interim Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: October 9, 2005

For further information, please call: (512) 475-0972



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