Legislative

|
Texas State Board of Dental Examiners’ Position Statement on the Use of Lasers by Dental Hygienists April 16, 2010 The Texas State Board of Dental Examiners is aware that lasers can be used to replace or supplement traditional dental instruments such as handpieces, scalpels, curing lights, and the explorer.
Represent the Voice of Dental Hygiene April 13, 2010Kolkhorst receives dental hygiene award at Blinn for legislative workBRYAN - State Representative Lois Kolkhorst accepted the Legislator of the Year Award from the Texas Dental Hygienists’ Association on Tuesday. The award was presented at a luncheon hosted by the Blinn College Dental Hygiene Program in Bryan. The TDHA Legislator of the Year is awarded to the Texas legislator who shows extraordinary support and leadership in the advancement of increased access to and quality of dental hygiene care for all Texans. Rep. Kolkhorst was instrumental in advancing the passage of SB 97 that substantially increased access to dental hygiene care in medically underserved areas. Kolkhorst, whose father was a dentist, said the tour of the Blinn dental hygiene clinic brought back childhood memories. She noted the prestige of the Blinn program and thanked the students for choosing dental hygiene as a profession.
State Rep. Lois Kolkhorst received the Legislator of the Year Award from Texas Dental Hygienists’ Association Governmental Affairs Co-chair Nancy Cline at Blinn College’s Dental Hygiene Program.
State Rep. Lois Kolkhorst with Blinn College dental hygiene students and representatives from the Texas Dental Hygienists’ Association: President-elect Betty Haynes and Governmental Affairs Co-chairs Cathy Blunck and Nancy Cline. NEW NATIONAL HEALTH REFORM LEGISLATION
|
|
RULE §115.5 |
Dental Hygienists Practicing in Certain Facilities |
Legislative Bill Becomes Law
September 1, 2009
(a) A dentist may delegate to a Texas licensed dental hygienist authorization to perform a service, task or procedure for patients whom the dentist has not seen within the past twelve months when conditions are met as follows:
|
(1) The dentist provides express authorization in writing which must include: (A) the dentist's name; (B) the dental hygienist's name; (C) the patient's name; (D) the name and address of the location where service is to be provided; (E) the date of the authorization; and (F) those procedures the dentist specifically authorizes the hygienist to perform, including those procedures necessary to allow subsequent clinical evaluation by a dentist; (2) The dentist has verified that the dental hygienist has at least two years experience as a dental hygienist; and (3) The service, task or procedure must be performed in either: (A) a nursing facility as defined in the Health and Safety Code, §242.301; (B) a school-based health center established under Chapter 38, Subchapter B, Texas Education Code; or (C) a community health center as defined by §136.002, Human Resources Code. (b) The dental hygienist must refer patients treated under the provisions of this rule to a dentist by notification in writing of the dentist's name and address. Such notification must be provided to the patient or a person legally responsible for the patient, the authorizing dentist, the referral dentist, and copies to the patient's medical record. This notification must include a statement of services, tasks, and procedures performed. (c) A dental hygienist, after having performed the services, tasks or procedures under this rule, may only perform delegated services, tasks or procedures with respect to the patient for six months unless the patient has been seen by either the dentist who delegated to the hygienist the authority or by a dentist to whom the patient was referred. (d) The facility defined in subsection (a) of this section must agree to include information provided pursuant to subsection (b) of this section in the patient's medical records. |
|
RULE §115.7 |
Notification of Change of Information |
|
|
|
Each dental hygienist licensed with the board shall notify the Board within sixty (60) days of any: (1) change of address of the licensee's place of business; (2) change of the licensee's employer; or (3) change in the licensee's mailing address. |
Why Should Texas Be The LAST?
43 states plus the District of Columbia have already approved it.
Texans always want to be the first, the biggest and the best - so why is Texas content to be one of the last states to allow dental hygienists to administer local anesthesia to control pain for their patients?
·Forty four jurisdictions allow hygienists to administer local anesthesia to manage treatment-related pain.
-
The number of states allowing this procedure increases every year.
-
Some states have allowed local anesthesia by hygienists since 1971.
-
The majority of hygienists in Texas want the STATE Texas law changed, if not for themselves personally, then for future hygienists.
-
The majority of dentists surveyed by the Texas Dental Association (TDA) in 2008 were in favor of changing the law.
It is unlikely that this law will be changed without the approval and support of the Texas Dental Association. TDHA has approached TDA about drafting a local anesthesia bill that Texas dentists would find acceptable for the 2011 Legislative Session.
TDHA asks for your help. Encourage your dentist to talk to his/her TDA Delegate in support of the TDA policy changes necessary for a local anesthesia bill to be written.
TDHA Governmental Affairs Council January, 2010
IN OTHER NEWS

You also need to be aware of invitations from ADA to become an “associate” member of their professional organization. To make an informed choice, you should be aware of the full picture of the story.
The Illinois Story - The CDA (Chicago Dental Assoc.) refers to the allied professional member category with the Illinois State Dental Assoc. as a successful example of including dental hygienists and laboratory techs in the dental association. To make an informed choice, you should be aware of the full picture. In 1999-2000, at the well known Chicago Midwinter Dental Meeting, there was a $25 membership fee for hygienists and lab techs to join the Illinois State Dental Association. Benefits such as discounts on CE were offered. Many signed up. The Dental Association continued to encourage their dentist members to sign up their hygiene staff and to discourage their staff from joining the hygiene assoc. citing benefits and a lower cost. It was reported that many hygienists did not know that they were being “signed up” by their employers. In legislative hearings, the Dental Assoc. claimed their hygiene membership exceeded that of the Illinois Dental Hygienists’ Association. The Dental Assoc. also utilized the testimony of two Dental Assoc. hygienist members claiming to be representative of hygiene in the state. The Dental Assoc. in Illinois used the allied membership activity as an effort to drive a wedge among dental hygienists. Fortunately, the state legislators saw the attempt for what it was and decided in favor of local anesthesia and general supervision for dental hygienists in spite of it. In California, they are calling the allied membership an Associate Dental Health Provider, ie; ADHP. Sound familiar? Many hygienists will mistake this for the ADHA’s ADHP initiative and undoubtedly sign up. Let’s not duplicate the Illinois experience in Texas. Let’s encourage hygienists to join their own association to speak on their behalf about matters affecting dental hygiene.
CDHC - ADA’s Workforce study on creating the Community Dental Health Coordinator position

On March 27, 2007 ADA President Kathy
Roth testifies as part of a hearing entitled “Insuring Bright
Futures: Improving Access to Dental Care and Providing a Healthy
Start for Children” before the Subcommittee on Health of the
Committee on Energy and Commerce, US House of Representatives.
As part of the ADA’s written and oral remarks, they are advocating
for “some assistance from Congress” with their CDHC proposal. Dr.
Roth described the CDHC provider as “….essentially a social worker
with some clinical oral health skills…”.
Rep. Gene Green (D-TX) posed a question asking if the
provider would be an …”oral health provider in addition to a social
worker and whether the CDHC would be a state-licensed position?”
Dr. Roth directly
answered the question with, “No, the CDHC will not be a
state-licensed position – I would like to make that very clear…It
will basically be a social worker with some clinical oral health
skills…” The exchange in the committee
clarifies two important points. First,
although we have suspected the ADA was lobbying Congress trying to
secure funding for a CDHC demonstration/pilot project – Dr. Roth’s
mention of the CDHC on several occasions confirms that suspicion.
Secondly, although nothing has been said that the CDHC would
be licensed, the statements on that day made it clear that licensure
for the CDHC is off the table.
In the state of Texas, a Social Worker must be licensed
and hold the equivalent of a Bachelor’s Degree for an entry level
position and a Master’s for specialization, but a CDHC would be
allowed to scale subgingivally, administer local anesthetic, carve
and place restorations among other duties that are currently denied
to a degreed, licensed Registered Dental Hygienist in Texas. To have
it unregulated and unlicensed is a direct threat to the public’s
safety without ensuring an individual administering direct patient
care meets a minimum standard of competence.
In addition, the proposed CDHC as someone to provide direct access
to the public is contradicted (with the exception of oral health
education) as all the proposed duties would require the direct
supervision of a dentist. These are very
real, very immediate threats to our profession and is something ADHA
and TDHA is very much on top of, working for you!
TEX HY-PAC
In 1978, the TDHA voted to support the formation of Texas Dental Hygienists’ Political Action Committee (Tex Hy-Pac). Its purpose is to encourage dental hygienists and other interested persons to inform legislators of current dental hygiene issues. This voluntary, non-profit committee supports the goals of TDHA, but operates independently and autonomously. Tex Hy-Pac is not affiliated with any one political party but supports candidates who have demonstrated an interest in excellence in dental hygiene, and to persuade other candidates to hear our voice. This committee donates money to endorse candidates, provides information to hygienists on current legislative issues including those candidates whose views are consistent with a positive impact for dental hygiene. The synergy of dozens and hundreds of dental hygienists working together is what it takes for our collective voice to be heard.
Mail your donations to:
TX HYPAC
5720 Windmere Ln
Fort Worth TX 76137
To find out more about what bills are before our Legislature: http://www.capitol.state.tx.us/
TCC Class of 2010 Award Winners




