TX Dental Jurisprudence flashcards

31 cards. Read the term and the definition here. The deck at the top of this page is optional.

Dental Practice Act citation

The Texas Dental Practice Act is codified in Texas Occupations Code, Chapter 251. TSBDE administrative rules implementing it appear in Title 22 of the Texas Administrative Code, Part 5.

TSBDE board composition

The board includes dentist members, dental hygienist members, and public members appointed by the Governor. Staggered six-year terms ensure continuity while allowing gradual replacement of members.

Rulemaking under APA

TSBDE proposes rules by publishing notice in the Texas Register, allows at least a 30-day public comment period, then adopts, amends, or withdraws the proposal under the Administrative Procedure Act.

Definition of dentistry

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

Unlicensed practice prohibition

A person may not practice or offer to practice dentistry or dental hygiene without a TSBDE license. Aiding or abetting unlicensed practice is itself a violation subject to discipline.

Open Meetings Act

TSBDE deliberations and votes occur in meetings subject to the Texas Open Meetings Act, which requires public notice and permits closed sessions only for permitted topics such as consultations with counsel.

Texas Register notice

Proposed TSBDE rules must be published in the Texas Register so the public can review and comment. The notice states the rule's text, purpose, and legal basis.

Dental license renewal cycle

A Texas dental license renews annually and expires on the last day of the licensee's birth month. Renewal requires a completed application, fee payment, and proof of required continuing education.

Dentist annual CE hours

Dentists complete 12 continuing education hours each year, including required ethics and infection control hours. Hours must come from board-approved providers and be documented with certificates.

Hygienist annual CE hours

Dental hygienists complete 12 continuing education hours annually, including ethics and infection control, and must maintain current basic life support certification to renew the license.

CE record retention

Licensees must keep continuing education certificates for a period set by board rule, generally at least three years, and produce them if selected for a TSBDE audit.

Late renewal grace period

A licensee may renew within a statutory grace period after expiration by paying a late fee and showing completed CE. Practicing after expiration without renewal is unlicensed practice.

Jurisprudence examination

Applicants for Texas dental licensure must pass a jurisprudence examination covering the Dental Practice Act and TSBDE rules, in addition to clinical and regional examinations accepted by the board.

Criminal history check

Licensure applicants submit fingerprints for a state and federal criminal history check. Certain convictions may disqualify an applicant or require board review before licensure.

Inactive license status

A licensee may request inactive or retired status under board rules and must not practice while inactive. Returning to active practice may require additional CE or examination.

General supervision defined

General supervision means the dentist has authorized the procedure but need not be physically present. The dentist must be available for consultation and retains responsibility for the patient.

Direct supervision defined

Direct supervision requires the dentist to be physically present on the premises, personally evaluate the patient, and remain available during the procedure performed by the delegate.

Expanded functions assistants

Dental assistants may perform expanded functions only after completing board-approved education and holding the required registration or certification, and only under the required supervision level.

Hygienist local anesthesia

A dental hygienist may administer local anesthesia only with additional board-approved education and certification, under the supervision level required by rule, with the dentist available.

Nitrous oxide delegation

Administration of nitrous oxide by a hygienist or assistant requires board-approved training and certification and must occur under the supervision level specified in TSBDE rules.

Nondelegable dentist duties

Diagnosis, treatment planning, and final interpretation of radiographs are nondelegable dentist duties. They may not be assigned to unlicensed personnel or performed independently by auxiliaries.

Teledentistry standard

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

Prescribing requirements

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

Filing a TSBDE complaint

Any person may file a complaint with TSBDE. Board staff screen complaints, may dismiss those outside jurisdiction, and investigate those alleging a violation of the Act or rules.

Contested case hearing

If informal resolution fails, TSBDE files a formal complaint and the case proceeds to a contested hearing at the State Office of Administrative Hearings, followed by board action.

Available disciplinary sanctions

Sanctions include revocation, suspension, restriction, probation, reprimand, administrative penalties, remedial education, and reimbursement of board investigative costs, alone or combined.

Professional Recovery Program

A confidential, board-approved monitoring program for licensees with substance use or mental health conditions. It typically requires treatment, random testing, and worksite monitoring.

Self-reporting to recovery program

Entering the Professional Recovery Program before a board investigation can mitigate discipline. The licensee signs a monitoring agreement and must comply with all program requirements.

Emergency suspension

The board may take emergency action, including temporary suspension, when a licensee's continued practice poses an imminent threat to public health and safety.

Mandatory board reporting

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

Failure to cooperate

Ignoring board subpoenas or requests for records during an investigation is an independent ground for discipline, separate from the conduct that triggered the original complaint.