Title OC, Occupations Code

Sec. 265.0001. DEFINITIONS. In this chapter: (1) "Coronal polishing" means the removal of plaque and extrinsic stain from exposed natural and restored tooth surfaces using an appropriate rotary instrument with rubber cup or brush and polishing agent, including the use of a toothb…

Sec. 265.001. REGISTRATION REQUIRED FOR CERTAIN DENTAL ACTS. (a) Unless the dental assistant is registered under this chapter, a dental assistant may not: (1) make a dental x-ray; or (2) monitor the administration of nitrous oxide. (b) The board may adopt and enforce rules requir…

Sec. 265.0015. ELIGIBILITY REQUIREMENTS FOR REGISTRATION. (a) The board by rule shall establish the requirements for each type of registration issued under this chapter, including requiring a dental assistant to: (1) hold a high school diploma or its equivalent; (2) complete an e…

Sec. 265.0016. FEES. The board shall set and collect fees in amounts that are reasonable and necessary to cover the costs of administering this chapter, including registration and renewal fees. Added by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 38, eff. September 1, 20…

Sec. 265.0017. REGISTRATION EXPIRATION AND RENEWAL. (a) A registration under this chapter is valid for two years. (b) A dental assistant may renew a registration by paying the required renewal fee and complying with any other renewal requirements established by the board. (c) A d…

Sec. 265.002. SUPERVISION, DIRECTION, AND RESPONSIBILITY. (a) In this subtitle, a dental assistant is under the direct supervision, direction, and responsibility of a dentist if the dentist: (1) employs the dental assistant or is in charge of the dental assistant; and (2) is phys…

Sec. 265.003. PERMITTED DUTIES. (a) A dental assistant who is not registered under this chapter may be employed by and work in the office of a licensed and practicing dentist and perform one or more delegated dental acts under: (1) the direct supervision, direction, and responsib…

Sec. 265.008. CONTINUING EDUCATION REQUIRED FOR REGISTRATION RENEWAL. The board by rule shall establish continuing education requirements for dental assistants registered under this chapter, including a minimum number of hours of continuing education required to renew a registrat…

Sec. 266.001. DEFINITIONS. In this chapter: (1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(11), eff. September 1, 2017. (2) "Dental laboratory" means a place in which a person performs or offers to perform a dental laboratory service. (3) "Dental laborato…

Sec. 266.002. EXEMPTIONS. This chapter does not apply to: (1) a student enrolled in a program of a school of dentistry; (2) a licensed dentist engaged in the practice of dentistry in this state who performs a dental laboratory service for compensation or an employee of the dentis…

Sec. 266.102. BOARD POWERS AND DUTIES. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 48(14), eff. September 1, 2017. (b) The board may adopt rules regarding dental laboratories in only the following areas: (1) processing registration applications; (2) presc…

Sec. 266.151. REGISTRATION REQUIRED. (a) In this section, "person" means an individual or a private legal entity, including a corporation, association, or partnership. (b) A person may not operate or offer to operate a dental laboratory or provide or offer to provide dental labor…

Sec. 266.152. CERTIFIED DENTAL TECHNICIAN. (a) A dental laboratory must have at least one dental technician working on the laboratory's premises who is certified by a recognized board of certification for dental technology. (b) A dental laboratory is exempt from Subsection (a) if…

Sec. 266.153. APPLICATION FOR REGISTRATION; TERM. (a) An owner or manager of a dental laboratory shall: (1) apply to the board for the registration of each dental laboratory doing business in this state to which the owner or manager is connected or in which the owner or manager h…

Sec. 266.154. REGISTRATION RENEWAL. (a) An applicant for renewal of a dental laboratory registration must provide evidence satisfactory to the board that at least one employee who works on the dental laboratory's premises: (1) has completed the minimum number of hours of continui…

Sec. 266.155. INITIAL REGISTRATION CERTIFICATE FEE. An initial registration certificate issued under this subchapter expires on the 30th day after the date the registration certificate is issued if the holder of the registration certificate fails to pay the required registration …

Sec. 266.201. PRESCRIPTION REQUIRED. (a) A dentist who orders a dental laboratory service shall prepare and deliver to the dental laboratory a prescription or work order for the service to be performed. (b) The prescription or work order must contain: (1) the signature and Texas …

Sec. 266.202. RELIANCE ON PRESCRIPTION. (a) The owner, manager, or employee of a dental laboratory or a dental technician may not perform or aid or abet another person in performing a dental laboratory service unless: (1) the service was ordered by and any resulting item will be …

Sec. 266.203. TRANSPORTATION OF DENTAL MATERIAL PERMITTED. This chapter does not prohibit a person who is subject to and complies with this chapter from using the United States mail, a railway express agency, Western Union, or a messenger or common or contract carrier to handle, …

Sec. 266.251. GROUNDS FOR DISCIPLINARY ACTION. (a) The board may refuse to issue a registration certificate, may impose a fine on a person who holds a registration certificate, may suspend or revoke a person's registration certificate, or may probate any portion of the suspension…

Sec. 266.252. PROCEDURES FOR DISCIPLINARY ACTION. The board shall follow the procedures under Chapter 263 in a complaint or disciplinary action under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. SUBCHAPTER G. PROHIBITED PRACTICES, ENFORCEMENT, AND PENA…

Sec. 266.301. DENTAL PROSTHETIC APPLIANCE. (a) In this section, "person" means an individual or a private legal entity, including a corporation, association, or partnership. (b) A person may not fill a prescription to prepare or repair a dental prosthetic appliance that is to be …

Sec. 266.302. INJUNCTION. The board may apply for a restraining order or injunction to enforce this chapter or a board rule adopted under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 266.303. CRIMINAL PENALTIES. (a) A person commits an offense if the person: (1) is a dentist and provides a dental laboratory service without being exempt under Section 266.002(2); or (2) violates Section 266.151 or 266.301. (b) An offense for a violation of Section 266.151 …

Sec. 267.001. LICENSE REQUIRED. (a) A person may not serve as a faculty member of a dental school unless the person holds a dental school faculty member license issued under this chapter. (b) A person may not serve as a faculty member of a dental hygiene school unless the person …

Sec. 267.002. EXEMPTIONS. (a) A person is exempt from the requirements of Section 267.001(a) if the person is licensed to practice dentistry in this state. (b) A person is exempt from the requirements of Section 267.001(b) if the person is licensed to practice dentistry or dental…

Sec. 267.003. QUALIFICATIONS FOR LICENSE. (a) To qualify for a dental school faculty member license, a person must: (1) file an application with the board that presents proof that the applicant holds: (A) a degree from a dental school; and (B) a full-time or part-time salaried fa…

Sec. 267.004. LICENSE RENEWAL. A license issued under this chapter must be renewed annually. Added by Acts 2003, 78th Leg., ch. 17, Sec. 26, eff. Sept. 1, 2003.

Sec. 267.005. LICENSE EXPIRATION. (a) A license issued under this chapter expires on the termination of the license holder's employment with the dental or dental hygiene school. (b) A license holder whose employment with a dental or dental hygiene school terminates and who is sub…

Sec. 267.006. PRACTICE OF DENTISTRY OR DENTAL HYGIENE PROHIBITED. A license issued under this chapter does not authorize the license holder to engage in the practice of dentistry or dental hygiene. Added by Acts 2003, 78th Leg., ch. 17, Sec. 26, eff. Sept. 1, 2003.

Sec. 301.001. SHORT TITLE. This chapter may be cited as the Nursing Practice Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.002. DEFINITIONS. In this chapter: (1) "Board" means the Texas Board of Nursing. (1-a) "Chief nursing officer" means the registered nurse who is administratively responsible for the nursing services at a facility. (1-b) "Patient safety committee" has the meaning assigned…

Sec. 301.003. APPLICATION OF SUNSET ACT. The Texas Board of Nursing is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished September 1, 2033. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept…

Sec. 301.004. APPLICATION OF CHAPTER. (a) This chapter does not apply to: (1) gratuitous nursing care of the sick that is provided by a friend; (2) nursing care provided during a disaster under the state emergency management plan adopted under Section 418.042, Government Code, if…

Sec. 301.005. REFERENCE IN OTHER LAW. (a) A reference in any other law to the former Board of Nurse Examiners means the Texas Board of Nursing. (b) A reference in any other law to an "advanced nurse practitioner" or "advanced practice nurse" means an advanced practice registered …

Sec. 301.006. CLAIM OR DEFENSE FOR PROHIBITED RULE OR POLICY. (a) The board may not adopt a rule, regulation, or policy that violates Chapter 110, Civil Practice and Remedies Code. (b) A person may assert a violation of Subsection (a) as an affirmative defense in an administrativ…

Sec. 301.051. BOARD MEMBERSHIP. (a) The Texas Board of Nursing consists of 15 members appointed by the governor with the advice and consent of the senate as follows: (1) seven nurse members, including: (A) two advanced practice registered nurses; (B) two registered nurses who are…

Sec. 301.052. MEMBER ELIGIBILITY. (a) A person is not eligible for appointment as a registered nurse or vocational nurse member of the board unless the person has practiced nursing in the role for which the member was appointed for at least three of the five years preceding the d…

Sec. 301.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession …

Sec. 301.054. TERMS. Members of the board serve staggered six-year terms, with the terms of as near to one-third of the members as possible expiring on January 31 of each odd-numbered year. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg.…

Sec. 301.055. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications required by Section 301.051(a); (2) does not maintain during service on the board the qualifications required by Secti…

Sec. 301.056. PER DIEM; REIMBURSEMENT. (a) Each board member is entitled to receive a per diem as set by the General Appropriations Act for each day the member engages in the business of the board. (b) A board member is entitled to reimbursement for travel expenses incurred while…

Sec. 301.057. OFFICERS. (a) The governor shall designate a member of the board as presiding officer to serve in that capacity at the pleasure of the governor. (b) The board shall elect other officers from its members. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.058. MEETINGS. The presiding officer shall call a special board meeting on the written request of at least two board members. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.059. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted in attendance at a meeting of the board until the person completes a training program that complies with this section. (b) The traini…

Sec. 301.101. EXECUTIVE DIRECTOR. (a) The board shall employ an executive director. The executive director may not be a member of the board. (b) Under the direction of the board, the executive director shall perform the duties required by this chapter or designated by the board. …