(a)

1. (1) All functions delegated to a dental assistant must be performed under personal supervision.

2. (2) “Personal supervision” means:

   1. (A) The dentist is in the office or treatment facility;
   2. (B) The dentist has personally diagnosed the condition to be treated;
   3. (C) The dentist has personally authorized the procedures;
   4. (D) The dentist remains in the office or treatment facility while the procedures are being performed; and
   5. (E) The dentist evaluates the performance of the dental assistant before the dismissal of the patient.

(b) The supervising licensed dentist is responsible for determining the appropriateness of delegation of any specific function based upon knowledge of:

1. (1) The skills of the assistant;
2. (2) The needs of the patient;
3. (3) The requirements of the task; and
4. (4) Whether proof of competence is required.

(c)

1. (1) The dentist is ultimately responsible for patient care.
2. (2) Nothing contained in the authority given the dentist by this part to delegate the performance of certain procedures shall in any way relieve the supervising dentist from the liability to the patient for negligent performance by a dental assistant.