reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 258 - Practice by Dentist › Subchapter E. Advisory Committee on Dental Anesthesia › Section 258.210. Immunity

Sec. 258.210.  IMMUNITY.  (a)  A member of the advisory committee or a person employed by the board or acting in an advisory capacity to the advisory committee and who provides information, counsel, or services to the advisory committee is not liable for damages for an action taken within the scope of the functions of the advisory committee.
(b)  Subsection (a) does not apply if the person acts with malice or without the reasonable belief that the action is warranted by the facts known to the person.
(c)  This section does not provide immunity to a person described by Subsection (a) for a violation of a state or federal law or rule relating to the privacy of health information or the transmission of health information, including the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and rules adopted under that Act.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 26, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 258 - Practice by Dentist › Subchapter E. Advisory Committee on Dental Anesthesia › Section 258.211. Funding

Sec. 258.211.  FUNDING.  The board may accept gifts and grants from any source to fund the duties of the board and the advisory committee under this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 26, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 259 - Prohibited or Restricted Commercial or Professional Activities › Section 259.001. False Statements to Patients

Sec. 259.001.  FALSE STATEMENTS TO PATIENTS.  A dentist may not, in the practice of dentistry, make a misrepresentation or a false or misleading statement to a patient or prospective patient.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 259 - Prohibited or Restricted Commercial or Professional Activities › Section 259.002. Notification of Qualifications

Sec. 259.002.  NOTIFICATION OF QUALIFICATIONS.  Each dental office shall post at or near the entrance of the office the name of, each degree received by, and each school attended by each dentist practicing in the office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 259 - Prohibited or Restricted Commercial or Professional Activities › Section 259.003. Use of Trade Name

Sec. 259.003.  USE OF TRADE NAME.  (a)  A person may use a corporation, company, association, or trade name, provided that each patient shall be given the name of the treating dentist, in writing, either before or after each office visit.
(b)  An advertisement under a corporation, company, association, or trade name must include prominently the name of at least one dentist practicing under the name.
(c)  A person using a business or trade name described by Subsection (b) shall file with the board a list of each dentist who practices under that name and a list of each trade name used if that name is different from the name described by Subsection (b).
(d)  If information provided under Subsection (c) changes, the person must file updated information with the board not later than the 30th day after the date of the change.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.087(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 259 - Prohibited or Restricted Commercial or Professional Activities › Section 259.004. Duties of Dentist in Certain Employment or Contractual Arrangements

Sec. 259.004.  DUTIES OF DENTIST IN CERTAIN EMPLOYMENT OR CONTRACTUAL ARRANGEMENTS.  (a)  A person providing dental services under an agreement that allows another person to control or influence any aspect of the delivery of dental services, including a business or professional aspect, shall report to the board on request and in accordance with board rules:
(1)  information concerning the agreement;
(2)  the manner in which patients are billed;
(3)  the manner in which the dental service provider is paid and any information provided to patients concerning payment agreements;  and
(4)  information concerning the service provider agreement provided to shareholders of organizations contracting with a dental service provider.
(b)  A person who practices dentistry and has another dentist practicing with or under the person is responsible for all professional acts performed under the name of the person, regardless of whether the dentist has an ownership interest or an employment or contractual relationship.  This section does not affect an individual license holder's responsibilities and rights under this subtitle.
(c)  A statute relating to the practice of dentistry in this state may not be construed to prohibit a licensed dentist from maintaining more than one office in this state if the dentist:
(1)  assumes full legal responsibility and liability for the dental services provided in each office;  and
(2)  complies with the requirements prescribed by board rules.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 259 - Prohibited or Restricted Commercial or Professional Activities › Section 259.005. Authorized Advertising Restrictions

Sec. 259.005.  AUTHORIZED ADVERTISING RESTRICTIONS.  Board rules adopted under Section 254.002 to regulate advertising may include restrictions that prohibit communications to the public that:
(1)  are false, misleading, or deceptive;
(2)  state an opinion regarding the quality of dental services;
(3)  appeal to an individual's anxiety in an excessive or unfair way;
(4)  intimidate or exert undue pressure or undue influence over a prospective patient;
(5)  create unjustified expectations concerning the potential result of a dental treatment;
(6)  refer to benefits or other attributes of dental procedures or products that involve significant risks without including realistic assessments of the safety and efficacy of those procedures or products;
(7)  contain statistical data, representations, or other information that is not susceptible to reasonable verification by the public;
(8)  refer to a fee for dental services without disclosing that additional fees may be involved in individual cases, if the possibility of additional fees may be reasonably predicted;
(9)  offer a discount for dental services without disclosing the total fee to which the discount will apply;  or
(10)  fail to make truthful disclosure of the source and authorship of any message published under a dentist's byline.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 259 - Prohibited or Restricted Commercial or Professional Activities › Section 259.006. Unlawful Advertising in General

Sec. 259.006.  UNLAWFUL ADVERTISING IN GENERAL.  (a)  A person may not engage in false, misleading, or deceptive advertising in connection with the practice of dentistry.
(b)  A person regulated by the board may not engage in advertising that does not comply with the reasonable restrictions adopted by the board under Section 259.005.
(c)  For the first violation of the board's advertising restrictions, a person may not be prosecuted under this subtitle before the 31st day after the date the person has been given notice by certified or registered mail, return receipt requested, of the alleged violation.  The notice must:
(1)  include a copy of the applicable portions of this subtitle and all board rules relating to advertising;
(2)  describe the alleged unlawful advertising;
(3)  identify the board restriction violated;  and
(4)  include a statement informing the person that the person has 30 days from the date of the notice to cure the violation.
(d)  A person may be prosecuted if the violation is not cured within the prescribed time.
(e)  Subsection (c) does not apply to a subsequent violation of the board's advertising restrictions.
(f)  This section does not authorize the board to discipline a dentist for an act of an advertising agent that results in a communication to the public that violates the restrictions adopted by the board under Section 259.005 if the advertisement does not specify the name of the dentist or the name under which the dentist practices unless:
(1)  the advertising agent is owned or controlled by the dentist;
(2)  the dentist provided to the advertising agent for distribution to the public any information that does not comply with the board's restrictions;  or
(3)  the content of the advertising is determined by the dentist.
(g)  The board may bring an action in district court to enjoin an advertising agent from using any advertisement, marketing scheme, or practice that violates the restrictions adopted by the board under Section 259.005.  Notwithstanding any other provision of this subtitle, an injunction under this section is the board's sole remedy against an advertising or marketing agent for a violation of this section.
(h)  The remedies provided in this section are in addition to the procedures and remedies provided for in Subchapter E, Chapter 17, Business & Commerce Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 259 - Prohibited or Restricted Commercial or Professional Activities › Section 259.007. Unlawful Advertising: Out-of-State Provider

Sec. 259.007.  UNLAWFUL ADVERTISING:  OUT-OF-STATE PROVIDER.  A person who is not domiciled and located in this state and subject to the laws of this state may not advertise or cause or permit to be advertised, published, directly or indirectly, printed, or circulated in this state a notice, statement, or offer of any service, drug, or fee relating to the practice of dentistry, unless the advertising conspicuously discloses that the person is not licensed to practice dentistry in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 259 - Prohibited or Restricted Commercial or Professional Activities › Section 259.008. Unprofessional Conduct

Sec. 259.008.  UNPROFESSIONAL CONDUCT.  A person may not directly or indirectly engage in unprofessional conduct relating to dentistry, including:
(1)  obtaining or attempting to collect a fee by fraud or misrepresentation;
(2)  orally soliciting dental business if the solicitation is:
(A)  directed to an individual or a group of less than five individuals;  and
(B)  made for the primary purpose of attracting the individual or the group to a particular dental practice;
(3)  employing, directly or indirectly, or permitting an unlicensed person to perform dental services on a person, except as authorized by law;
(4)  claiming or circulating a statement of:
(A)  professional superiority;  or
(B)  performance of professional services in a superior manner;
(5)  forging, altering, or changing a legal document relating to the practice of dentistry, including a diploma, license, registration certificate, or transcript;
(6)  being a party to or benefiting from the forgery, alteration, or changing of a legal document relating to the practice of dentistry;
(7)  making a false statement or misusing a legal document relating to the practice of dentistry;
(8)  accepting employment as a dentist under a false, misleading, or deceptive referral scheme;
(9)  advertising the performance of dental work without pain or discomfort to the patient;  or
(10)  advertising a prediction of future satisfaction or success of a dental service.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.088(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 260 - Operation of Certain Dental Practices › Section 260.001. Employment by Estate of Dentist or Person Acting for Mentally Incompetent Dentist

Sec. 260.001.  EMPLOYMENT BY ESTATE OF DENTIST OR PERSON ACTING FOR MENTALLY INCOMPETENT DENTIST.  (a)  This subtitle does not prevent a person who is the administrator or executor of the estate of a dentist or a person who is legally authorized to act for a dentist adjudicated to be mentally incompetent from employing a licensed dentist to:
(1)  carry on the deceased or mentally incompetent dentist's practice for a reasonable period, as determined by the board;  or
(2)  conclude the affairs of the practice, including the sale of any assets.
(b)  This subtitle does not prevent a licensed dentist from working for a person described by Subsection (a) during the administration of the estate or the period of incompetency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 260 - Operation of Certain Dental Practices › Section 260.002. Employment by Certain Nonprofit Health Organizations

Sec. 260.002.  EMPLOYMENT BY CERTAIN NONPROFIT HEALTH ORGANIZATIONS.  (a)  The board shall, on a form and under rules adopted by the board, approve and certify a health organization to contract with or employ dentists licensed by the board if the organization, in its application to the board, presents satisfactory proof to the board that the organization:
(1)  is a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501);  and
(2)  is organized and operated as:
(A)  a migrant, community, or homeless health center under 42 U.S.C. Section 254b or 254c;  or
(B)  a federally qualified health center under 42 U.S.C. Section 1396d(l)(2)(B).
(b)  A dentist providing dental services under Subsection (a) shall provide those services free of charge or at a reduced fee equal to the patient's ability to pay in strict compliance with 42 U.S.C. Section 254b or 254c.
(c)  The board may refuse to approve or certify a health organization that applies to the board under this section if the board determines that the nonprofit corporation is established, organized, or operated in violation of or with the intent to circumvent this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 260 - Operation of Certain Dental Practices › Section 260.003. Employment by Organizations Serving Underserved Populations

Sec. 260.003.  EMPLOYMENT BY ORGANIZATIONS SERVING UNDERSERVED POPULATIONS.  A dentist licensed by the board may be employed by or contract with an organization if:
(1)  the organization is a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501);  and
(2)  the organization is:
(A)  approved by the board as an organization that provides services to underserved populations for no fee or a reduced fee;  or
(B)  a clinic that provides dental services primarily to individuals who have acquired immune deficiency syndrome or the human immunodeficiency virus.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 260 - Operation of Certain Dental Practices › Section 260.004. Employment by Governmental Entity

Sec. 260.004.  EMPLOYMENT BY GOVERNMENTAL ENTITY.  A dentist licensed by the board may be employed by or contract with a governmental entity that provides dental services under federal or state law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 261 - Confidentiality and Immunity of Dental Peer Review Committee › Subchapter A. General Provisions › Section 261.001. Definitions

Sec. 261.001.  DEFINITIONS.  In this chapter:
(1)  "Dental association" means an organization that is composed of members who are dentists and incorporated under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) or exempt from the payment of federal income taxes under Section 501(a) of the Internal Revenue Code of 1986 as an organization described by Section 501(c) of the Internal Revenue Code of 1986.
(2)  "Dental peer review committee" means a peer review, judicial, or grievance committee of a dental association authorized to evaluate the quality of dental services or the competence of dentists.  The term includes a member, employee, assistant, investigator, attorney, or other agent serving the committee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 261 - Confidentiality and Immunity of Dental Peer Review Committee › Subchapter B. Confidentiality and Disclosure of Information › Section 261.051. Confidentiality of Proceedings

Sec. 261.051.  CONFIDENTIALITY OF PROCEEDINGS.  (a)  Except as otherwise provided by this chapter:
(1)  a dental peer review committee's proceedings and records are confidential;  and
(2)  communications made to a dental peer review committee are privileged.
(b)  If a court makes a preliminary finding that the proceedings or records of or the communications made to a dental peer review committee are relevant to an anticompetitive action or an action brought under federal civil rights provisions (42 U.S.C. Section 1983), the proceedings, records, or communications are not confidential to the extent they are relevant to the action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 261 - Confidentiality and Immunity of Dental Peer Review Committee › Subchapter B. Confidentiality and Disclosure of Information › Section 261.052. Disclosure of Information

Sec. 261.052.  DISCLOSURE OF INFORMATION.  Communications made to a dental peer review committee and the records and proceedings of the committee may be disclosed to:
(1)  another dental peer review committee;
(2)  an appropriate state or federal agency;
(3)  a national accreditation body;  or
(4)  the registration or licensing entity in any state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 261 - Confidentiality and Immunity of Dental Peer Review Committee › Subchapter B. Confidentiality and Disclosure of Information › Section 261.053. Disclosure to Affected Dentist

Sec. 261.053.  DISCLOSURE TO AFFECTED DENTIST.  (a)  Disclosure to the affected dentist of confidential peer review committee information pertinent to the matter under review does not waive the confidentiality provisions of this chapter.
(b)  If a dental peer review committee takes action that may result in censure or a license suspension, restriction, limitation, or revocation by the board or in the denial of membership or privileges in a health care entity, the committee shall give the affected dentist:
(1)  a written copy of the recommendation of the committee;  and
(2)  a copy of the final decision, including a statement of the basis for the decision.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 261 - Confidentiality and Immunity of Dental Peer Review Committee › Subchapter B. Confidentiality and Disclosure of Information › Section 261.054. Committee's Evidentiary Privilege

Sec. 261.054.  COMMITTEE'S EVIDENTIARY PRIVILEGE.  (a)  Unless disclosure is required or authorized by law, records or determinations of or communications to a dental peer review committee are not subject to subpoena or discovery and are not admissible as evidence in a civil judicial or administrative proceeding unless the committee executes in writing a waiver of the confidentiality privilege.
(b)  The evidentiary privilege created by this chapter may be invoked by any person in any civil judicial or administrative proceeding unless the person has secured a waiver of the privilege executed in writing by the presiding officer, assistant presiding officer, or secretary of the affected dental peer review committee.
(c)  If a dental peer review committee or a person participating in peer review named as a defendant in a civil action filed as a result of participation in peer review may use otherwise confidential information in the person's defense or in a claim or suit under Section 261.104, the plaintiff in the proceeding may disclose the records or determinations of a peer review committee or communications made to a peer review committee in rebuttal to information supplied by the defendant.
(d)  A person seeking access to privileged information must plead and prove waiver of the privilege.
(e)  A member, employee, or agent of a dental peer review committee who provides access to privileged communications or records in cooperation with a law enforcement authority in a criminal investigation is not considered to have waived a privilege established under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 261 - Confidentiality and Immunity of Dental Peer Review Committee › Subchapter B. Confidentiality and Disclosure of Information › Section 261.055. Compliance With Board Subpoenas

Sec. 261.055.  COMPLIANCE WITH BOARD SUBPOENAS.  (a)  A person, including the governing body and medical staff of a health care entity, shall comply with a subpoena for a document or information issued by the board as authorized by law.
(b)  The disclosure of a document or information under a board subpoena does not constitute a waiver of the privilege established under this chapter.
(c)  Failure to comply with a board subpoena constitutes grounds for disciplinary action against the facility or individual by the appropriate licensing board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 261 - Confidentiality and Immunity of Dental Peer Review Committee › Subchapter C. Civil Liability › Section 261.101. Committee Immunity From Suit

Sec. 261.101.  COMMITTEE IMMUNITY FROM SUIT.  (a)  In the absence of fraud, conspiracy, or malice, a dental peer review committee is not subject to a suit for damages arising from investigating a disagreement or complaint, holding a hearing to determine facts, or making an evaluation, recommendation, decision, or award involving a dentist who is a member of a dental association or another dentist, a dental patient, or a third party requesting the committee's services.
(b)  The purpose of this section is to protect a dental peer review committee from being harassed and threatened with legal action in performing official duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 261 - Confidentiality and Immunity of Dental Peer Review Committee › Subchapter C. Civil Liability › Section 261.102. Committee Participants' Immunity From Suit

Sec. 261.102.  COMMITTEE PARTICIPANTS' IMMUNITY FROM SUIT.  A cause of action does not accrue against a member, agent, or employee of a dental peer review committee for an act, statement, determination, or recommendation made or an act reported, without malice, in the course of peer review under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 261 - Confidentiality and Immunity of Dental Peer Review Committee › Subchapter C. Civil Liability › Section 261.103. Immunity From Suit

Sec. 261.103.  IMMUNITY FROM SUIT.  A person is immune from civil liability if:
(1)  the person reports or furnishes information to a dental peer review committee or the board in good faith;
(2)  the person:
(A)  is a member, employee, or agent of the board, of a dental peer review committee, or of a dental organization committee or a dental organization who takes an action or makes a recommendation within the scope of the functions of a peer review program;  and
(B)  acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to the person;  or
(3)  the person, including a health care entity or dental peer review committee, without malice participates in a dental peer review activity or furnishes a record, information, or assistance to a dental peer review committee or the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 261 - Confidentiality and Immunity of Dental Peer Review Committee › Subchapter C. Civil Liability › Section 261.104. Counterclaim for Frivolous Suit

Sec. 261.104.  COUNTERCLAIM FOR FRIVOLOUS SUIT.  A dental peer review committee, a person participating in peer review, or any other person named as a defendant in a civil action filed as a result of participation in peer review may file a counterclaim in a pending action or may prove a cause of action in a subsequent suit to recover defense costs, including court costs, attorney's fees, and damages incurred as a result of the civil action, if the plaintiff's original suit is determined:
(1)  to be frivolous;  or
(2)  to have been brought in bad faith.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 262 - Regulation of Dental Hygienists › Subchapter A. General Provisions › Section 262.001. Definitions

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 262 - Regulation of Dental Hygienists › Subchapter A. General Provisions › Section 262.002. Practice of Dental Hygiene

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 262 - Regulation of Dental Hygienists › Subchapter A. General Provisions › Section 262.003. Exemptions

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 262 - Regulation of Dental Hygienists › Subchapter C. Powers and Duties of Board Relating to Dental Hygienists › Section 262.101. Board Powers and Duties

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 262 - Regulation of Dental Hygienists › Subchapter C. Powers and Duties of Board Relating to Dental Hygienists › Section 262.102. Rulemaking Authority of Board

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 262 - Regulation of Dental Hygienists › Subchapter D. Practice by License Holder › Section 262.151. Delegation of Duties by Dentist

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 262 - Regulation of Dental Hygienists › Subchapter D. Practice by License Holder › Section 262.1515. Delegation of Duties to Dental Hygienist Practicing in Certain Facilities

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 262 - Regulation of Dental Hygienists › Subchapter D. Practice by License Holder › Section 262.152. Performance of Delegated Duties

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 262 - Regulation of Dental Hygienists › Subchapter E. Prohibited Practices; Civil Liability; Penalties › Section 262.201. Prohibited Practice

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 262 - Regulation of Dental Hygienists › Subchapter E. Prohibited Practices; Civil Liability; Penalties › Section 262.202. Civil Liability

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.0001. Definition

Sec. 263.0001.  DEFINITION.  In this chapter, "license" means a license, certificate, registration, permit, or other authorization that is issued under this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 27, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.001. Grounds for Refusal to Issue License; Application of Open Meetings Law

Sec. 263.001.  GROUNDS FOR REFUSAL TO ISSUE LICENSE; APPLICATION OF OPEN MEETINGS LAW.  (a)  The board may refuse to issue a license to an applicant under this subtitle if the person:
(1)  presents to the board fraudulent or false evidence of the person's qualification for examination or license;
(2)  is guilty of any illegality, fraud, or deception during the examination or the process to secure a license;
(3)  is habitually intoxicated or is addicted to drugs;
(4)  commits a dishonest or illegal practice in or connected to dentistry or dental hygiene;
(5)  is convicted of a felony under a federal law or law of this state; or
(6)  is found to have violated a law of this state relating to the practice of dentistry within the 12 months preceding the date the person filed an application for a license to practice dentistry or dental hygiene.
(b)  The board's deliberations with regard to an application for a license under this subtitle are exempt from Chapter 551, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.092(a), eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 28, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.0025. Submission to Mental or Physical Evaluation

Sec. 263.0025.  SUBMISSION TO MENTAL OR PHYSICAL EVALUATION.  (a)  In enforcing Section 263.001(a)(3) or Section 263.002(a)(1), (7), or (11), the board or an authorized agent of the board, on probable cause, as determined by the board or agent, may request an applicant for or holder of a license to submit to a mental or physical evaluation by a physician or other health care professional designated by the board.
(b)  If the applicant or license holder refuses to submit to the evaluation under Subsection (a), the board shall issue an order requiring the applicant or license holder to show cause why the applicant or license holder will not submit to the evaluation.  The board shall schedule a hearing on the order not later than the 30th day after the date notice is served on the applicant or license holder.  The board shall notify the applicant or license holder of the order and hearing by personal service or certified mail, return receipt requested.
(c)  At the hearing, the applicant or license holder and the applicant's or license holder's attorney are entitled to present testimony or other evidence to show why the applicant or license holder should not be required to submit to the evaluation.  The applicant or license holder has the burden of proof to show why the applicant or license holder should not be required to submit to the evaluation.
(d)  After the hearing, the board by order shall require the applicant or license holder to submit to the evaluation not later than the 60th day after the date of the order or withdraw the request for an evaluation, as applicable.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 29, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.003. Hearing

Sec. 263.003.  HEARING.  A person is entitled to a hearing under Chapter 2001, Government Code, if the board proposes to:
(1)  refuse to issue a license to the person;
(2)  reprimand or impose a fine on the person;
(3)  place the person on probation after the person's license has been suspended; or
(4)  suspend or revoke the license of the person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.092(c), eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 30, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.004. Temporary Suspension in Emergency

Sec. 263.004.  TEMPORARY SUSPENSION IN EMERGENCY.  (a)  If the board or an executive committee of the board determines from the evidence or information presented that the continued practice by a person licensed under this subtitle, or the continued performance by a person licensed under this subtitle of a procedure for which the person holds a permit issued by the board, would constitute a clear, imminent, or continuing threat to a person's physical health or well-being, the board or the executive committee shall temporarily suspend the person's license or permit, as applicable.
(b)  The board may not temporarily suspend a license or permit under this section without notice or hearing unless at the time of the temporary suspension the board or the executive committee requests the State Office of Administrative Hearings to set a date for a hearing on the temporary suspension.
(c)  The State Office of Administrative Hearings shall hold a hearing not later than the 30th day after the date the license or permit is suspended unless the license or permit holder requests a continuance.  The State Office of Administrative Hearings shall hold a second hearing on the suspension and on any other action to be taken against the license or permit holder not later than the 60th day after:
(1)  the date the license or permit is temporarily suspended; or
(2)  the date specified in the continuance requested by the license or permit holder.
(d)  If the State Office of Administrative Hearings does not hold a hearing within the time provided by Subsection (c), the suspended license or permit is automatically reinstated.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1249, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 810 (S.B. 610), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.005. Probation

Sec. 263.005.  PROBATION.  If a license suspension is probated, the board may require the license holder to:
(1)  report regularly to the board on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the board;  or
(3)  continue or review professional education until the license holder attains a degree of skill satisfactory to the board in the areas that are the basis of the probation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.006. Suspension or Revocation Required for Certain Drug Offenses

Sec. 263.006.  SUSPENSION OR REVOCATION REQUIRED FOR CERTAIN DRUG OFFENSES.  (a)  The board shall suspend a license holder's license issued under this subtitle on proof that the person has been:
(1)  initially convicted of:
(A)  a felony;
(B)  a misdemeanor under Chapter 22, Penal Code, other than a misdemeanor punishable by fine only;
(C)  a misdemeanor on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;
(D)  a misdemeanor under Section 25.07, Penal Code; or
(E)  a misdemeanor under Section 25.071, Penal Code; or
(2)  subject to an initial finding by the trier of fact of guilt of a felony under:
(A)  Chapter 481 or 483, Health and Safety Code;
(B)  Section 485.033, Health and Safety Code; or
(C)  the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.).
(b)  On final conviction for an offense described by Subsection (a), the board shall revoke the person's license.
(c)  The board may not reinstate or reissue a license suspended or revoked under this section unless an express determination is made that the reinstatement or reissuance of the license is in the best interests of the public and the person whose license was suspended or revoked.  The board must base that determination on substantial evidence contained in an investigative report.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 810 (S.B. 610), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.0065. Delegation of Certain Complaint Dispositions

Sec. 263.0065.  DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.  (a) The board may delegate to a committee of board employees the authority to dismiss or enter into an agreed settlement of a complaint that does not relate directly to patient care or that involves only administrative violations.
(b)  The disposition determined by the committee must be approved by the board at a public meeting.
(c)  A complaint delegated under this section shall be referred for informal proceedings under Section 263.007 if:
(1)  the committee of employees determines that the complaint should not be dismissed or settled;
(2)  the committee is unable to reach an agreed settlement; or
(3)  the affected license holder requests that the complaint be referred for informal proceedings.
Added by Acts 2013, 83rd Leg., R.S., Ch. 709 (H.B. 3201), Sec. 9, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 31, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 263 - License Denial and Disciplinary Proceedings › Section 263.0071. Dental Review Committee

Sec. 263.0071.  DENTAL REVIEW COMMITTEE.  (a)  The dental review committee consists of nine members appointed by the governor as follows:
(1)  six dentist members;
(2)  two dental hygienist members; and
(3)  one registered dental assistant member.
(b)  Members of the committee serve staggered six-year terms, with the terms of three members expiring on February 1 of each odd-numbered year.
(c)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.
(d)  A member of the committee is entitled to receive a per diem for actual duty in the same manner provided for board members.
(e)  A member of the committee is subject to law and the rules of the board, including Sections 252.003, 252.007, and 252.010, as if the committee member were a member of the board, except that a committee member is not subject to Chapter 572, Government Code.  The training program a committee member must complete under Section 252.010 must be an abbreviated version of the program under that section that is limited to training relevant to serving on a committee.
Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 33, eff. September 1, 2017.