1. (a) A dentist may delegate to a dental assistant the authority to perform only acts or procedures that are reversible.

   1. (1) An act or procedure that is reversible is capable of being reversed or corrected.
   2. (2) Acts or procedures that are irreversible include, but are not limited to, the result of intra-oral use of any laser for any purpose, including all or part of a whitening process.
2. (b) A dentist may not delegate or otherwise authorize a dental assistant to perform any task for which a certificate is required under this section, unless the dental assistant holds the required certificate.

3. (c) A dental assistant may perform tasks under a dentist's general or direct supervision. For the purposes of this section:

   1. (1) "General supervision" means that the dentist employs or is in charge of the dental assistant and is responsible for supervising the services to be performed by the dental assistant. The dentist may or may not be present on the premises when the dental assistant performs the procedures.
   2. (2) "Direct supervision" means that the dentist employs or is in charge of the dental assistant and is physically present in the office when the task is performed. Physical presence does not require that the supervising dentist be in the treatment room when the dental assistant performs the service as long as the dentist is in the dental office.
4. (d) The dentist shall remain responsible for any delegated act.

5. (e) The clinical tasks that a dental assistant can perform under general supervision are limited to:

   1. (1) the making of dental x-rays in compliance with the Occupations Code, §265.005; and
   2. (2) the provision of interim treatment of a minor emergency dental condition to an existing patient of the treating dentist in accordance with the Occupations Code, §265.003(a-1). For purposes of this paragraph only, "existing patient" means a patient that the supervising dentist has examined in the twelve (12) months prior to the interim treatment.

Source Note:The provisions of this §114.1 adopted to be effective February 20, 1992, 17 TexReg 1095; amended to be effective December 3, 1997, 22 TexReg 11679; amended to be effective May 10, 2004, 29 TexReg 4479; amended to be effective November 27, 2005, 30 TexReg 7743; amended to be effective February 2, 2010, 35 TexReg 635.