HBA-NMO H.B. 3533 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3533 By: Coleman Public Health 4/13/1999 Introduced BACKGROUND AND PURPOSE Current law does not authorize a dental hygienist to administer a local anesthetic or nitrous oxide. While the administration of a local anesthetic and nitrous oxide are serious procedures, requiring significant education and training, the law authorizes nurses with general education and training requirements similar to those of dental hygienists to perform similar anesthetic activities. The law also does not specifically authorize a dental hygienist to apply pit and fissure sealants or place a sub-gingival material containing medicaments. Dental hygienists, as approved by the Texas State Board of Dental Examiners (board), perform both procedures frequently. H.B. 3533 includes in the definition of "dental hygiene" the topical application of pit and fissure sealants, including the sub-gingival placement of materials containing medicaments; and the administration of a local anesthetic or nitrous oxide. This bill also authorizes the board, with the advice of the dental hygiene advisory committee, by rule, to establish additional education or training requirements for such procedures; and a dentist to delegate to a dental hygienist the authority to administer a local anesthetic agent or nitrous oxide if the dental hygienist is authorized by the board to perform that procedure. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that additional rulemaking authority is expressly delegated to the Texas State Board of Dental Examiners in SECTION 1 (Section 3A, Article 4451e, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 4451e, V.T.C.S., by amending Section 1 and adding Section 3A, as follows: Sec. 1. Includes in the definition of "dental hygiene" the making of a topical application of pit and fissure sealants, including the sub-gingival placement of materials containing medicaments; and the administration of a local anesthetic or nitrous oxide. Makes conforming and nonsubstantive changes. Sec. 3A. Authorizes the Texas State Board of Dental Examiners (board), with the advice of the dental hygiene advisory committee, by rule, to establish additional education or training requirements for the topical application of pit and fissure sealants, the sub-gingival placement of materials containing medicaments, or the administration of a local anesthetic or nitrous oxide. SECTION 2. Amends Article 4551e-1, V.T.C.S., by adding Subsection (h), as follows: (h) Authorizes a dentist to delegate to a dental hygienist the authority to administer a local anesthetic agent or nitrous oxide if the dental hygienist is authorized by the board to perform that procedure. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.