TX Dental Jurisprudence cheat sheet

The Texas Occupations Code, Chapter 251, is the Dental Practice Act; the State Board of Dental Examiners (TSBDE) adopts implementing rules in Title 22, Texas Administrative Code, Part 5.

The board is composed of members appointed by the Governor and includes dentist, dental hygienist, and public members; a member's term is six years, with terms staggered so the board is replaced gradually.

TSBDE meetings are subject to the Texas Open Meetings Act; contested case hearings are conducted under the Administrative Procedure Act, Occupations Code Chapter 2001.

Rulemaking follows the Administrative Procedure Act: notice of proposed rule in the Texas Register, a public comment period of at least 30 days, then adoption or withdrawal.

The Act defines 'practice of dentistry' to include diagnosis, treatment planning, surgery, and procedures on teeth, gums, and jaws, plus supplying or fitting dental appliances.

'Practice of dental hygiene' is separately defined and requires a license; hygienists may perform only services authorized by board rule and delegated by a dentist.

A person may not practice or offer to practice dentistry or dental hygiene without a TSBDE license; aiding unlicensed practice is itself a violation.

Board rules are compiled in 22 TAC Chapters 101-119; Chapters 101-108 cover licensing, practice, and specialty rules, while Chapter 107 addresses continuing education.

Dental licensure requires graduation from an accredited dental school, passage of the required examinations (including a clinical or regional exam accepted by the board), and a jurisprudence examination.

Applicants must pass a criminal history background check and report all prior licenses and any disciplinary actions; falsifying an application is grounds for denial or discipline.

A Texas dental license is renewed annually; the license expires on the last day of the licensee's birth month unless renewed earlier.

Dentists must complete 12 hours of continuing education per year, including 2 hours of ethics/professional responsibility and 2 hours of infection control (per TSBDE rule); unused ethics hours may not be carried over.

Dental hygienists must complete 12 hours of CE annually, including required ethics and infection control hours, and must hold current CPR certification (basic life support) to renew.

CE hours must come from board-approved providers or activities; licensees must retain certificates of completion for a period set by rule (generally at least three years) and produce them on audit.

Late renewal within the statutory grace period requires payment of a late fee plus proof of completed CE; practicing on an expired license is unlicensed practice.

Inactive or retired status may be requested under board rules; returning to active practice may require additional CE or examination, and inactive licensees may not practice.

Dentists may delegate only tasks that a reasonably prudent dentist would find within the delegate's training, and the delegating dentist retains responsibility for the patient's care.

Dental hygienists practice under general supervision or direct supervision as defined by rule; direct supervision requires the dentist to be physically present on the premises.

Dental assistants may perform expanded functions only after completing board-approved training and holding the appropriate registration or certification.

Local anesthesia and nitrous oxide administration by a hygienist require additional board-approved education and certification and must occur under the required level of supervision.

Prescribing controlled substances requires a valid DEA registration and Texas controlled substance registration, plus compliance with prescription monitoring program reporting.

A dentist may not delegate diagnosis, treatment planning, or the final interpretation of radiographs to an unlicensed person.

Teledentistry encounters must meet the same standard of care as in-person visits; the dentist must establish a dentist-patient relationship and maintain records.

A dentist may not supervise more hygienists or assistants than board rules permit, and supervision requires documented, contemporaneous availability for consultation.

Any person may file a complaint with TSBDE; the board's investigative staff screen complaints and may dismiss those outside jurisdiction or without sufficient evidence.

After investigation, the board may dismiss, issue a warning or reprimand, enter into an agreed order, or file a formal complaint leading to a contested case hearing at the State Office of Administrative Hearings.

Available sanctions include license revocation, suspension, restriction, probation, administrative penalties (civil fines), remedial education, and reimbursement of board investigative costs.

The Professional Recovery Program is a confidential, board-approved monitoring program for licensees with substance use or mental health conditions; successful participation may allow continued practice under a monitoring agreement.

Self-reporting and entering the recovery program before a board investigation can mitigate discipline; the program typically requires treatment, random testing, and worksite monitoring.

The board may take emergency action, including temporary suspension, when continued practice presents an imminent threat to the public.

Licensees must report certain events to the board, including arrests, convictions, and disciplinary actions taken by other licensing jurisdictions, within the time set by rule.

Failure to cooperate with a board investigation, including ignoring subpoenas or requests for records, is an independent ground for disciplinary action.