OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE D. DENTISTRY

CHAPTER 262. REGULATION OF DENTAL HYGIENISTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 262.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(2), eff. September 1, 2017.
(2)  "Dental hygienist" means a person who practices dental hygiene under a license issued by the board under Chapter 256.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(2), eff. September 1, 2017.

Sec. 262.002.  PRACTICE OF DENTAL HYGIENE.  (a)  A person practices dental hygiene if the person:
(1)  removes 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)  smoothes roughened root surfaces;
(3)  polishes exposed human teeth, restorations in the human mouth, or roughened root surfaces;
(4)  topically applies drugs to the surface tissues of the human mouth or the exposed surface of human teeth;
(5)  makes dental x-rays;
(6)  administers a local anesthetic agent under the authorization and supervision of a dentist in compliance with Section 258.001(5); and
(7)  performs any other service, task, or procedure prescribed by board rule.
(b)  A person legally practicing dental hygiene does not violate state law regulating the practice of dentistry.
Added by Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 868 (H.B. 3824), Sec. 2, eff. September 1, 2023.

Sec. 262.003.  EXEMPTIONS.  This chapter does not apply to:
(1)  a licensed dentist practicing dentistry in this state, except as provided by Subchapter D;
(2)  a physician authorized to practice medicine in this state;  or
(3)  an employee of a licensed dentist who makes dental x-rays in the office of and under the supervision of a dentist practicing dentistry in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. POWERS AND DUTIES OF BOARD RELATING TO DENTAL HYGIENISTS

Sec. 262.101.  BOARD POWERS AND DUTIES.  The board shall:
(1)  administer this chapter;  and
(2)  regulate all matters concerning dental hygienists and the practice of dental hygiene.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 262.102.  RULEMAKING AUTHORITY OF BOARD.  (a)  The board shall adopt and enforce rules that are necessary and advisable to carry out the purposes of and to enforce this chapter, including rules relating to professional conduct for dental hygienists.
(b)  As necessary to protect public health and safety, the board may adopt and enforce a rule to establish the number of dental hygienists a dentist may employ.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(4), eff. September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(4), eff. September 1, 2017.

SUBCHAPTER D. PRACTICE BY LICENSE HOLDER

Sec. 262.151.  DELEGATION OF DUTIES BY DENTIST.  (a)  A licensed dentist may delegate orally or in writing a service, task, or procedure to a dental hygienist who is under the supervision and responsibility of the dentist, if:
(1)  the dental hygienist is licensed to perform the service, task, or procedure;
(2)  the supervising dentist examines the patient:
(A)  at the time the service, task, or procedure is performed by the dental hygienist;  or
(B)  during the 12 calendar months preceding the date of performance of the service, task, or procedure by the dental hygienist;  and
(3)  the dental hygienist does not:
(A)  diagnose a dental disease or ailment;
(B)  prescribe a treatment or a regimen;
(C)  prescribe, order, or dispense medication;  or
(D)  perform any procedure that is irreversible or involves the intentional cutting of soft or hard tissue by any means.
(b)  A licensed dentist may delegate to a dental hygienist any act that a dentist may delegate to a dental assistant.
(c)  A dentist is not required to be on the premises when the dental hygienist performs a delegated act.
(d)  This chapter does not prevent a dentist from authorizing a dental hygienist employed by the dentist to:
(1)  instruct and educate a patient in proper oral hygiene;  or
(2)  provide to a patient a medication ordered by the dentist.
(e)  This chapter does not prevent a dental hygienist from incidentally removing cementum during root planing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 262.1515.  DELEGATION OF DUTIES TO DENTAL HYGIENIST PRACTICING IN CERTAIN FACILITIES.  (a)  A licensed dentist may delegate a service, task, or procedure, pursuant to this section, to a dental hygienist, without complying with Section 262.151(a)(2) if:
(1)  the dental hygienist has at least two years' experience in the practice of dental hygiene; and
(2)  the service, task, or procedure is performed in one of the following locations:
(A)  a nursing facility as defined in Section 242.301, Health and Safety Code;
(B)  a school-based health center established under Subchapter B, Chapter 38, Education Code; or
(C)  a community health center as defined by Section 136.002, Human Resources Code.
(b)  The patient must be referred to a licensed dentist after the completion of a service, task, or procedure performed under Subsection (a).
(c)  A dental hygienist may only perform delegated tasks or procedures with respect to a patient for six months unless the patient has been examined by a dentist in compliance with Section 262.151(a)(2).
(d)  A dental hygienist may not perform any service, task, or procedure under this section without the express authorization of a dentist.
(e)  The facility under Subsection (a)(2) shall note each delegated service, task, or procedure performed by the dental hygienist under this section in the patient's medical records.
Added by Acts 2001, 77th Leg., ch. 1470, Sec. 4.02, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.0045, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 270 (S.B. 97), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 270 (S.B. 97), Sec. 2, eff. September 1, 2009.

Sec. 262.152.  PERFORMANCE OF DELEGATED DUTIES. (a)  Except as provided by Section 262.1515, a dental hygienist shall practice dental hygiene:
(1)  in the dental office of a supervising dentist licensed by the board; or
(2)  in an alternate setting, including a nursing home, the patient's home, a school, a hospital, a state institution, a public health clinic, or another institution, under the supervision of a supervising dentist.
(b)  For purposes of this section, a dental hygienist who practices dental hygiene as a teledentistry dental service, as defined by Section 111.001, is practicing in an alternate setting in compliance with Subsection (a)(2).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.091(a), eff. Sept. 1, 2001.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 270 (S.B. 97), Sec. 3, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 15, eff. September 1, 2021.

SUBCHAPTER E. PROHIBITED PRACTICES;  CIVIL LIABILITY; PENALTIES

Sec. 262.201.  PROHIBITED PRACTICE.  A dental hygienist may not practice or offer to practice dental hygiene under a name other than the name appearing on the person's license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 262.202.  CIVIL LIABILITY.  A dental hygienist who administers to a person cardiopulmonary resuscitation or other emergency care in an emergency situation is not liable to the person for damages unless the emergency care is performed in a wilfully or wantonly negligent manner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.