Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 108PROFESSIONAL CONDUCT
SUBCHAPTER APROFESSIONAL RESPONSIBILITY
RULE §108.12Dental Treatment of Sleep Disorders
ISSUE 05/24/2013
ACTION Proposed
Rule Withdrawn: 09/03/2013
Preamble Texas Admin Code Rule

(a)A dentist may diagnose, treat, operate, or prescribe for a disease, pain, injury, deficiency, deformity, or physical condition of the human teeth, oral cavity, alveolar process, gums, jaws, or directly related and adjacent masticatory structures.

(b)A sleep disorder is a medical condition. A dentist shall not diagnose or independently treat a patient for obstructive respirations during sleep, defined as snoring, upper airway resistance syndrome and obstructive sleep apnea.

(c)Any dental treatment of a patient for a sleep disorder must be done in collaboration with a qualified, Texas licensed physician. The dentist shall ensure that the patient has been evaluated by the physician for a sleep disorder in compliance with the Texas Medical Practice Act and Texas Medical Board rules, and is being monitored by the physician for potential complications of the sleep disorder.

(d)The dentist should screen a dental patient for a sleep disorder. A dentist shall not order or interpret a diagnostic sleep study or diagnose, treat or monitor the patient's medical condition.

(e)Pursuant to a physician's order for oral appliance therapy, a dentist may fabricate an oral appliance. A dentist shall be responsible for monitoring and maintaining the oral appliance to ensure the patient's dental health.

(f)A dentist treating a sleep disorder patient shall comply with the Dental Practice Act and Board rules, including but not limited to provisions related to fair dealing, standard of care, records, and business promotion.

(g)A dentist shall maintain records as required by the Dental Practice Act and Board rules including, but not limited to records related to treatment planning, recommendations and options, informed consent, consultations and recommended referrals, and post treatment recommendations.

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 May 9, 2013

TRD-201301855

Glenn Parker

Executive Director

State Board of Dental Examiners

Proposed date of adoption: August 2, 2013

For further information, please call: (512) 475-0989



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