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 09/13/2013
ACTION Proposed
Rule Withdrawn: 03/13/2014
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 and jaws, and provide surgical and adjunctive treatment for directly related and adjacent masticatory structures.

(b)A dentist may diagnose and treat any dental comorbidity related to snoring or upper airway resistance syndrome (UARS). A dentist shall not diagnose a patient for obstructive sleep apnea (OSA) or independently treat an OSA patient without collaboration with a Texas licensed physician.

(c)A dentist may screen a dental patient for a sleep disorder by using subjective and objective screening tools. A dentist may order a sleep study, which must be interpreted by a Texas licensed physician.

(d)A dentist may fabricate an oral appliance for treatment of a dental comorbidity related to snoring or UARS without the need for collaboration with a Texas licensed physician. A dentist may fabricate an oral appliance for treatment of OSA only in collaboration with a Texas licensed physician. A dentist shall be responsible for monitoring and maintaining the oral appliance to ensure the patient's dental health, while the physician should be responsible for monitoring the patient's medical condition.

(e)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.

(f)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 August 29, 2013

TRD-201303663

Julie Hildebrand

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: October 13, 2013

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



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