Texas Occupations Code 258.001 – Impermissible Delegations
Terms Used In Texas Occupations Code 258.001
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
A dentist may not delegate:
(1) an act to an individual who, by board order, is prohibited from performing the act;
(2) any of the following acts to a person not licensed as a dentist or dental hygienist:
(A) the removal of calculus, deposits, or accretions from the natural and restored surfaces of exposed human teeth and restorations in the human mouth;
(B) root planing or the smoothing and polishing of roughened root surfaces or exposed human teeth; or
(C) any other act the delegation of which is prohibited by board rule;
(3) any of the following acts to a person not licensed as a dentist:
(A) comprehensive examination or diagnosis and treatment planning;
(B) a surgical or cutting procedure on hard or soft tissue;
(C) the prescription of a drug, medication, or work authorization;
(D) the taking of an impression for a final restoration, appliance, or prosthesis;
(E) the making of an intraoral occlusal adjustment;
(F) direct pulp capping, pulpotomy, or any other endodontic procedure;
(G) the final placement and intraoral adjustment of a fixed or removable appliance; or
(H) the placement of any final restoration;
(4) the authority to an individual to administer a local anesthetic agent, inhalation sedative agent, parenteral sedative agent, or general anesthetic agent, including as a teledentistry dental service as that term is defined by § 111.001, if the individual is not licensed as:
(A) a dentist with a permit issued by the board for the procedure being performed, if a permit is required;
(B) a certified registered nurse anesthetist licensed by the Texas Board of Nursing, only if the delegating dentist holds a permit issued by the board for the procedure being performed, if a permit is required; or
(C) a physician anesthesiologist licensed by the Texas Medical Board; or
(5) the authority to a dental hygienist to administer a local anesthetic agent unless:
(A) the dental hygienist:
(i) administers the local anesthetic agent by infiltration for purposes of a procedure the dental hygienist is authorized to perform;
(ii) has passed a board-approved certification examination relating to the administration of a local anesthetic agent;
(iii) either:
(a) has completed a board-approved course of study designed to train dental hygienists to administer a local anesthetic agent by infiltration; or
(b) during the preceding year, was authorized to administer a local anesthetic agent by:
(1) a branch of the United States armed forces; or
(2) another state with clinical and didactic education requirements substantially equivalent to the requirements of a course approved by the board under Sub-subparagraph (a); and
(iv) complies with any applicable rules adopted by the board establishing minimum standards for the administration of a local anesthetic agent;
(B) the delegating dentist is physically present in the facility where the procedure is occurring and is continuously aware of the patient’s physical status and well-being; and
(C) the patient to whom the local anesthetic agent is administered is:
(i) at least 18 years of age; and
(ii) not sedated, or is sedated using only nitrous oxide-oxygen inhalation.