MEX GENEIRAL 

XAS 

Senator William T. Moore Opinion Ro. ~-362 

Chairman 

Senate State Affairs 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: 

could perform oral prophyDear Senator Moore: laxls. 

At your request we have examined Senate Bill No. 184 

and we answer the question set out above in the affirmative, 

The statutes relating to the practice of dentistry 

are found in Articles 4543 through 45 lg, Vernon's Civil 

Statutes, and Articles 747 through 75 2 c, Vernon's Penal Code. 

These statutes provide for the licensing and regulation of 

dentists, dental hygienists, and dental technicians and laboratories, but in their present form they do not make provision 

for “dental assistants". 

Article 4548, Vernon's Civil Statutes, and Article 747, 

Vernon's Penal Code, provide that no person shall practice 

dentistry without 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 regarded as practicing 

dentistry "[w-7 ho shall offer or undertake by 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 form make certain exceptions, such as dental students and dental hygienists, but do 

not mention "dental assistants". 

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Senator William T. Moore, Page 2 (M-362) 

Thus, it seems clear that under the present statutes 

dental assistants may 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: 

"The Texas State Board of Dental Examiners 

is hereby empowered and authorized to adopt, 

promulgate, and enforce such rules and regulations as the Board may deem necessary and 

advisable pertaining to standards of conduct 

to maintain public confidence and respect of 

the dental profession and such rules and 

regulations as the Board may deem necessary 

to prescribe, define, authorize and regulate 

the acts and areas of practice and governing 

the relationship between and the activities 

of licensed dentists, dental hygienists, 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 Board may deem advisable to 

protect and to foster the public health; 

however, notice must be given at least ten 

(10) days in advance of any meeting called 

by the Board to consider the adoption of 

any rule, or regulation, or change therein; 

such notice as herein provided for shall be 

accomplished by 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 fi of the Bill would add the same exception to Article 

753, Vernon's Penal Code. 

“(9). dental interns, dental residents, 

and dental assistants as 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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Senator William T. Moore, Page 3 (M-362) 

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 regulations prescribing the acts or services to be 

performed by dental assistants and may 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 regulations prescribing 

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 

Assistant Attorney 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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