Bill Text: TX HB502 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the practice of dentistry.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2013-04-29 - Referred to Health & Human Services [HB502 Detail]
Download: Texas-2013-HB502-Engrossed.html
83R1647 NC-D | ||
By: Hernandez Luna, Lozano, | H.B. No. 502 | |
Sheffield of Bell, Miller of Fort Bend, |
|
||
|
||
relating to the practice of dentistry. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 251.003, Occupations Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) For purposes of this subtitle, a person practices | ||
dentistry if the person: | ||
(1) represents to the public that the person is a | ||
dentist or dental surgeon or uses or permits to be used for the | ||
person or another person the title of "Doctor," "Dr.," "Doctor of | ||
Dental Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," | ||
or another description, including the use of the terms "denturist" | ||
or "denturism," that, directly or indirectly, represents that the | ||
person is able to: | ||
(A) diagnose, treat, or remove stains or | ||
concretions from human teeth; or | ||
(B) provide surgical and adjunctive treatment | ||
for a disease, pain, injury, deficiency, deformity, or physical | ||
condition of the human teeth, oral cavity, alveolar process, gums, | ||
jaws, or directly related and adjacent masticatory structures; | ||
(2) performs or offers to perform by any means the: | ||
(A) cleaning of human teeth; | ||
(B) removal of stains, concretions, or deposits | ||
from teeth in the human mouth; or | ||
(C) diagnosis, treatment, operation, or | ||
prescription for a disease, pain, injury, deficiency, deformity, or | ||
physical condition of the human teeth, oral cavity, alveolar | ||
process, gums, or jaws; | ||
(3) prescribes, makes, or causes to be made or offers | ||
to prescribe, make, or cause to be made by any means an impression | ||
of any portion of the human mouth, teeth, gums, or jaws: | ||
(A) to diagnose, prescribe, or treat, or aid in | ||
the diagnosis, prescription, or treatment, of a physical condition | ||
of the human mouth, teeth, gums, or jaws; or | ||
(B) to construct or aid in the construction of a | ||
dental appliance, denture, dental bridge, false teeth, dental plate | ||
of false teeth, or another substitute for human teeth; | ||
(4) owns, maintains, or operates an office or place of | ||
business in which the person employs or engages under any type of | ||
contract another person to practice dentistry; | ||
(5) fits, adjusts, repairs, or substitutes or offers | ||
to fit, adjust, repair, or substitute in the human mouth or directly | ||
related and adjacent masticatory structures a dental appliance, | ||
structure, prosthesis, or denture; | ||
(6) aids in the fitting, adjusting, repairing, or | ||
substituting or causes to be fitted, adjusted, repaired, or | ||
substituted in the human mouth or directly related and adjacent | ||
masticatory structures a dental appliance, structure, prosthesis, | ||
or denture; | ||
(7) without a written prescription or work order | ||
signed by a dentist legally practicing dentistry in this state or in | ||
the jurisdiction in which the dentist maintains the dentist's | ||
office: | ||
(A) makes, processes, reproduces, repairs, or | ||
relines a full or partial denture, fixed or removable dental bridge | ||
or appliance, dental plate of false teeth, artificial dental | ||
restoration, or a substitute or corrective device or appliance for | ||
the human teeth, gums, jaws, mouth, alveolar process, or any part | ||
for another; or | ||
(B) offers, undertakes, aids, abets, or causes | ||
another person to engage in an activity described by Paragraph (A); | ||
(8) directly or indirectly offers, undertakes, or | ||
causes another to perform for any person an act, service, or part of | ||
an act or service in the practice of dentistry, including: | ||
(A) inducing, administering, prescribing, or | ||
dispensing anesthesia or an anesthetic drug, medicine, or an agent | ||
in any way related to the practice of dentistry; | ||
(B) permitting or allowing another to use the | ||
person's license or certificate to practice dentistry in this | ||
state; or | ||
(C) aiding or abetting the practice of dentistry | ||
by a person not licensed by the board to practice dentistry; | ||
(9) controls, influences, attempts to control or | ||
influence, or otherwise interferes with the exercise of a dentist's | ||
independent professional judgment regarding the diagnosis or | ||
treatment of a dental disease, disorder, or physical condition; | ||
[ |
||
(10) represents that the person is a denturist or uses | ||
another title that is intended to convey to the public that the | ||
services offered by the person are included within the practice of | ||
dentistry; or | ||
(11) provides or performs, or offers to provide or | ||
perform, a teeth whitening treatment or a product or service | ||
related to a teeth whitening treatment. | ||
(d) In this section, "teeth whitening treatment" means a | ||
chemical or other material, tool, product, service, or procedure | ||
intended to whiten human teeth. The term does not include a product | ||
sold over the counter to an ultimate consumer. | ||
SECTION 2. This Act takes effect September 1, 2013. |