MEX GENEIRAL

XAS

SenatorWilliam T. Moore Opinion Ro. ~-362 Chairman Senate StateAffairs Committee Re: Whether Sections 1, 3 and States Capitol Building 4 of S. B. 184, 61st Leg., Austin, Texas would give the State Board of Dental Examiners the power to prescribe additional acts or services of dental assistants to the extent that the latter: couldperform oral prophyDear SenatorMoore: laxls.

At your requestwe have examined Senate Bill No. 184 and we answer the question set out above in the affirmative,

The statutes relating to thepractice of dentistry
are found inArticles 4543 through 45 lg, Vernon's Civil Statutes, andArticles 747 through 752c, Vernon's Penal Code. These statutesprovide for the licensing and regulation of dentists, dentalhygienists, and dental technicians and laboratories,but in theirpresent form they do notmake provision for “dental assistants".

Article 4548, Vernon's Civil Statutes, and Article 747, Vernon's Penal Code, provide that no person shallpractice dentistrywithout having first obtained a license from the State Board of Dental Examiners. We understand the term 'oral prophylaxis" to mean the cleaning of teeth. Article 4551a(2), Vernon's Civil Statutes, and Article '@+a(2), Vernon's Penal Code,provide that a person shall be regardedas practicing dentistry "[w-7 ho shall offer or undertakeby any means or methods whatsoever, to clean teeth or to remove stains, CO?- cretions or deposits from teeth In the human mouth

. . . D Article 4551b, Vernon's Civil Statutes, and Article 753, Vernon's Penal Code, in their present formmake certain exceptions, such as dental studentsand dentalhygienists,but do notmention "dentalassistants".

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Thus, it seems clear that under the present statutes dental assistantsmay not lawfully clean teeth. However, Section 1 of Senate Bill No. 184 would amend Article k'j51d, Vernon's Civil Statutes, to read as follows:

"TheTexas State Board of Dental Examiners is hereby empoweredand authorized to adopt, promulgate, and enforce such rules and regulations as the Boardmay deem necessary and advisablepertaining to standardsof conduct to maintain public confidenceand respect of the dentalprofession and such rules and regulationsas the Boardmay deem necessary to prescribe, define, authorize and regulate the acts and areas of practice and governing the relationshipbetween and the activities of licensed dentists,dentalhygienists, dental assistants, dental laboratories,and dental technicians,and their relationship to other ~ branches of the healing arts and to or with the public, and such other rules and regu-:,, lations as the Boardmay deem advisable to protect and to foster the public health; however, noticemust be given at least ten (10)days in advance of anymeeting called by the Board to consider the adoption of any rule, or regulation,or change therein; such notice as hereinprovided for shallbe accomplishedby publication at least once in a newspaper having general circulation in the State of Texas.

In addition, Section 3 of S. B. 184 would add the following exce tlon to Article 4551b, Vernon's Civil Statutes, and Section fiof the Bill would add the same exception to Article 753, Vernon's Penal Code.

“(9). dental interns,dental residents, and dental assistantsas defined and regulated by the Texas State Board of Dental Examiners in its rules and regulations."

The language just quoted Is not contained in S. B, No. 184, as introduced in the Senate. However,you stated in your letter of March 11, 1969, that the author of the Bill will offer

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an amendment so that Sections 3 and 4 would above quoted. This opinion is based on the author will offer the amendment and that it Senate. thereafter read as premise that the is adopted by the

In our opinion, if II. B. 1.84 is enacted into law, the Board will be empowered,aslong other things, to promulgate rules and regulationsprescribing the acts or services to be performed by dentalassistants andmay include the cleaning of teeth in such acts or services.

SUMMARY

If enacted Into law, proposed Senate Bill No. 184, 61st Legislature,would empower the Texas State Board of Dental Examiners to, among other things,promulgate rules and regulationsprescribing the acts or services to be performed by dental assistants and to include the cleaning of teeth in such acts or services.

Prepared by Neil Williams AssistantAttorney General

APPROVED: OPINION COMMITTEE Kerns B. Taylor, Chairman~ George Kelton, Vice-Chairman Alan Minter James McCoy John Reeves 2. T. Fortescue

W. V. GEPPERT Staff Legal Assistant

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