1. (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. (1) the dental hygienist is licensed to perform the service, task, or procedure;

   2. (2) the supervising dentist examines the patient:

      1. (A) at the time the service, task, or procedure is performed by the dental hygienist; or
      2. (B) during the 12 calendar months preceding the date of performance of the service, task, or procedure by the dental hygienist; and

   3. (3) the dental hygienist does not:

      1. (A) diagnose a dental disease or ailment;
      2. (B) prescribe a treatment or a regimen;
      3. (C) prescribe, order, or dispense medication; or
      4. (D) perform any procedure that is irreversible or involves the intentional cutting of soft or hard tissue by any means.
2. (b) A licensed dentist may delegate to a dental hygienist any act that a dentist may delegate to a dental assistant.
3. (c) A dentist is not required to be on the premises when the dental hygienist performs a delegated act.

4. (d) This chapter does not prevent a dentist from authorizing a dental hygienist employed by the dentist to:

   1. (1) instruct and educate a patient in proper oral hygiene; or
   2. (2) provide to a patient a medication ordered by the dentist.
5. (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.