From the PresidentBy Richard C. Black, DDS, TDA President, 2005–2006

I have just returned from a visit to the 2nd District / Southeast Texas Dental Society in Beaumont. It was a highly anticipatedtrip by your leadership, both volunteer and staff, as most of the Texas Dental Association (TDA) has been desperate to hearnews from District 2 and, of course, offer whatever help we could to our members that have been so traumatized by

Hurricane Rita. I asked two members of our “disaster relief team” — Eddy Shires and Mary Kay Linn — to accompany me, andappreciated the very able assistance in getting us there from Dr. Jim Condrey, who is very familiar with the Golden Triangleportion of our state.

It was an emotional and very productive meeting, and it was heartwarming to see so many of the Southeast Texas members in attendance. Although we hadsome important announcements to make, I believe the most important thing that happened was that it was the first opportunity for these members to get outand see each other since the weekend of September 23. All are proving to be very resilient, all are picking up the pieces where they left off, and all are showingcourage and determination in re-starting their lives and their practices. Everyone had some personal story to tell and despite the fact that some had not beendamaged, they have pitched in to help those who had. It was particularly good to see their president, Dr. Robert Marroquin, and president-elect, Dr. Joel Smith.Their steady leadership during this time has made a difference to many of their members.

Your Board of Directors sent me with two important documents approved by them on the TDA’s behalf at their November 4 meeting. The first wasthe waiver of 2006 dues to all members in District 2. The second was a check from the TDA representing the portion of District 2’s dues revenue thatwould normally be sent to them in 2006 for operating expenses that year. Both announcements were met with shocked surprise and, I truly believe, afeeling of “connectivity” with the rest of you whose thoughts and prayers have been with them throughout this ordeal. The tears that flowed were, frankly,

from those of us who were able to be “ofservice” to them. I anticipate more help on theway from many of our components who haveexpressed a desire to help.

The Texas State Board of Dental Examiners’(TSBDE) Taskforce on New Testing of DentalAssistants has already met once and the TDA isextremely well-represented by Dr. JacquelinePlemons of Dallas and Dr. Jay Adkins ofLubbock. They are carrying the banner and themessage of the TDA in regards to what willconstitute a new and improved way of educatingand testing our dental assistants. We could nothave any two better members doing the hardwork required right now in the process. I mightmention again that the timeline consists ofestablishing objectives for the new course andexam process as well as TSBDE approval of thecourse, which will become available afterSeptember 1, 2006. Your TDA Board continuesto work carefully and quietly with the Council onDental Education, Trade, and Ancillaries todetermine what duties of dental auxiliaries shouldbe changed or expanded. More news on thesediscussions will follow in the New Year.

The TDA Board looks forward to spendingtime in February developing policy on Access toCare issues for the TDA House of Delegates todebate in San Antonio. I truly believe that yourTexas Dental Association has been there for you— our valued members — and I thank you onbehalf of your very capable staff and yourvolunteer leadership for the opportunity toserve you! ★

A publication of the Texas Dental Association

November 2005 • Volume 6, Issue 11www.tda.orgTDA

T o d a y

November 2005 • Volume 6, Issue 11 www.tda.org

Editorial Staff: Christopher F. Anderson, D.D.S.,

M.S.D., EditorEdwina J. Shires, Managing Editor

Paul H. Schlesinger, Communications Coordinator

Stefanie Clegg, Website ManagerBarbara S. Donovan, Art Director

BOARD OF DIRECTORS TEXAS DENTAL ASSOCIATION

President RICHARD C. BLACK, D.D.S.; President-elect THOMAS C.HARRISON, D.D.S.; Past President HERBERT L. WADE, JR., D.D.S.; VicePresident, Southeast MATTHEW B. ROBERTS, D.D.S.; Vice President,

Southwest JAMES W. CHANCELLOR, D.D.S.; Vice President, NorthwestDAVID A. DUNCAN, D.D.S.; Vice President, Northeast FRANK L.HIGGINBOTTOM, D.D.S.; Senior Director, Southeast R. RONALD

COLLINS, D.D.S.; Senior Director, Southwest FREDERICK T. PHILIPS, JR.,D.D.S.; Senior Director, Northwest DAVID R. COX, D.D.S.; SeniorDirector, Northeast JENNIFER J. BARRINGTON, D.D.S.; Director,

Southeast DOUGLAS W. BOGAN, D.D.S.; Director, Southwest JOSE L.CAZARES, JR., D.D.S.; Director, Northwest V. WAYNE MCENTIRE,D.D.S.; Director, Northeast LEE P. ONEACRE, D.D.S.; Secretary-

Treasurer J. PRESTON COLEMAN, D.D.S.; Speaker of the House GLEND. HALL, D.D.S.; Parliamentarian MICHAEL L. STUART, D.D.S.; EditorCHRISTOPHER F. ANDERSON, D.D.S.; Executive Director MARY KAY

LINN; Legal Counsel WILLIAM H. BINGHAM

TDA Today (USPS 022-007) is published monthly except forDecember by the Texas Dental Association, 1946 S. IH-35, Ste400, Austin, Texas 78704-3698, (512) 443-3675. PeriodicalsPostage Paid at Austin, Texas and at additional mailing offices.

POSTMASTER: Send address changes to TDA TODAY, 1946 S.IH-35, Ste 400, Austin, TX 78704-3698.

Annual subscriptions: Texas Dental Association (TDA) members,$5. In-state American Dental Association (ADA) affiliated, $15 +tax. Out-of-state ADA affiliated, $15. In-state non-ADAaffiliated, $30 + tax. Out-of-state non-ADA affiliated, $30.

Single issue price: TDA members $1. In-state ADA affiliated,$3 + tax. Out-of-state ADA affiliated, $3. In-state non-ADAaffiliated, $6 + tax. Out-of-state non-ADA affiliated, $6.

Contributions: Manuscripts and news items of interest to themembership of the Association are solicited. Manuscriptsshould be typewritten, double spaced, and the original copyshould be submitted. Please refer to Instructions forContributors in the annual August Directory of the TexasDental Journal for more information. Every effort will bemade to return unused manuscripts if a request is made butno responsibility can be accepted for failure to do so.Anonymous communications will receive no considerationwhatsoever. All statements of opinion and of supposed factsare published on authority of the writer under whose namethey appear and are not to be regarded as theviews of the Texas Dental Association, unlesssuch statements have been adopted by theAssociation. Articles are accepted with theunderstanding that they have not beenpublished previously.

TDAT o d a y

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(From left): Southeast Texas Dental Society officers Drs. Joel L. Smith, president-elect, and Robert Marroquin, president, visit with TDA president Dr. Richard C.Black in Beaumont on November 10, 2005.

(From left): Southeast Texas Dental Society members Drs. Maria Fiocchi, RonRisinger, John Hackbarth, and Dod Moore visit with Dr. Jim Condrey, GreaterHouston Dental Society.

Order your very own “Smile Texas Style” license plate! The red color is a true redas in the Texas flag. When a purchase is made, a portion of the proceeds will beused by the Texas Department of State Health Services in making grants to

benefit the Texas Dental Association for the purpose of providing charitable dental care. Order your license plate at the Texas Department of Transportation’s “Specialty

License Plate” webpage — http://www.dot.state.tx.us/vtr/spplates/specialplate.htm?nbr=140.You may also order the license plate by telephone at (512) 374-5010.

Questions? Contact Diane Rhodes, (512) 443-3675 or drhodes@tda.org. ★

November 2005 / TDA Today / 2

ATDA NewsBy Ruth Ault, Publicity Secretary

Rekindling Inactive Alliance Districts

Cindy Bates, president of the Alliance of the Texas Dental Association (ATDA),continues visits to local districts across the state. One of her goals is to reactivateand reenergize districts in keeping with her

presidential mission, “May the essence of our livesbe a song that others would want to sing.”

Ms. Bates encourages local Alliance districts tocontinue their support of organized dentistry, topromote dental health education, and to fosterfriendships among the dental community. She alsohighlights projects the ATDA supports each year— the ATDA Silver Lining Fund, the MemorialFund scholarships, and participation in TexasMissions of Mercy and TDA Legislative Day.

The Alliance voluntary contribution ($35)portion of the TDA dues statement now includeslocal Alliance district dues ($25) and state alliancedues ($10). The $25 local portion will be returned tolocal Alliance chapters to either support ongoingactivities or to help reactivate an inactive district. ★

Last Call

Holiday GiftCards

Ahealthy smile spreads joy year-round!That’s why this Holiday season theTexas Dental Association invites you

to support its 501(c)(3) nonprofit charitablefoundation, Texas Dentists for HealthySmiles. TDHS offers $25 gift cards as a generous donation in the name of yourcolleagues, patients, friends, and family. And that $25 is so much more for someone inneed of dental assistance.

TDHS provides almost $2 million in necessary dental treatment each year tothousands of needy Texans. Our flagship programs, Donated Dental Services and TexasMission of Mercy, are growing each year, and we need your help to continue this vital work.

Inside, each gift card reads:

Warmest Thoughts and Best Wishes for a Wonderful Holiday Season and a Very Happy New Year.

Texas Dentists for Healthy Smiles is Dedicated to Improving the Oral Health of Texans.

A Gift Has Been Made to the Foundation in Your Name from ______________________.

Each gift card is $25. Order your cards online at www.tdhsmiles.org or call (877) 807-6453. ★

Texas Dentists for HealthySmiles and YOU — Get Involved!

The Texas Dentists for Healthy Smiles Foundation (TDHS) mission is to makequality dental care a reality for the most needy Texans. In addition to its twoflagship programs — Texas Mission of Mercy (TMOM) and Donated Dental

Services (DDS) — TDHS also develops innovative community events.

Healthy Smiles Golf Classic, 2006 The 2006 Healthy Smiles Golf Classic will be held at the beautiful Pecan Valley Golf

Course in San Antonio on Friday, May 12, 2006, during the Texas Dental Association’s136th Annual Session / TEXAS Meeting. The tournament, with planning chaired by theTexas Association of Orthodontists, is presented by the Huffman Companies.

Proceeds will benefit the Texas Dentists for Healthy Smiles Foundation’s mission toprovide charitable oral health care to needy Texans. Don’t miss this opportunity to playgolf for a good cause — register at www.tdhsmiles.org/golfclassic today!

Texas Missions of Mercy The Texas Mission of Mercy (TMOM) program

continues to provide multi-day missions across the state. ATMOM brings together hundreds of volunteers from alocal community and the dental profession statewide toprovide on-the-spot treatment to patients. During the ninemissions provided thus far through the TDHS foundation,approximately 7,000 patients have received charitable dentalservices with an estimated value of over $2.4 million.

The most recent TMOM, which was held in BurnetCounty October 21-22, 2005, was an impressive success.Thanks to amazing volunteers and strong communitysupport, over 774 patients were treated in just 20 hours.The next TMOM will be in Laredo on March 24-25, 2006,and we need you! For more information and to sign uponline, please visit www.tdhsmiles.org/tmom.

Annual Report, 2006 The Foundation can never thank its contributors enough for their support. Because

of the donations from hundreds of individuals and corporations, TDHS is able to keeppatient care as the number one priority. So far this year, TDHS has received $60,000 ingrants to provide patient care through the DDS and TMOM programs. Theorganizations behind these grants are the Gulf Coast Medical Foundation, HillcrestFoundation, Harris and Eliza Kempner Fund, the Marcia & Otto Koehler Foundation,and Methodist Healthcare Ministries of South Texas, Inc. These foundations, along withall 2005 contributors and volunteers, will be recognized in our first-ever Annual Report,to be printed in early 2006 and distributed to over 11,000 dental professionals. Keepyour eyes open for a draft report listing all donors from January 1 through September30, 2005. ★

The Burnet CommunityCenter is set and ready forpatients at the October 21-22,2005 Texas Mission of Mercy.

TDA president Dr. RichardC. Black at work at theBurnet County Texas Missionof Mercy, October 2005.

Reminder to TDA MembersFrom Dr. David H. Wilhite, Chair, TDA Council on Peer Review

All TDA member dentists are encouraged to post the Peer Review Complaint signin their dental offices. The Peer Review program is a significant benefit formembers of organized dentistry. This program enlists the assistance of a group of

your fellow dentists to help resolve patient problems or misunderstandings regardingdental treatment.

For many patients and dentists, Peer Review is a superior alternative to a lawsuit orthe filing of a complaint with the Texas State Board of Dental Examiners. Your TDACouncil on Peer Review mailed you a copy of the sign and an explanation of the processin November 2004. The sign can be accessed and printed from the TDA website atwww.tda.org. If you have questions, please call Katherine Simms, Director of Ethics &Dental Benefit Services, at (512) 443-3675, or email katherine@tda.org.★

Smile TexasStyle — A Winner!

Errata

The November 2005 Texas Dental Journal (special membership issue), page 1131,incorrectly identified Dr. David L. Roberts of Dallas as a member of the 5thDistrict / Dallas County Dental Society. Dr. Roberts is a member of the 4th

District / North Texas Dental Society and currently serves as its president. His answersto the survey should have read as follows::

(From left): Dr. Rick Williams, localsociety president, ATDA president CindyBates; and TDA president Dr. Rick Blackparticipate in a meeting of the 21-ADistrict / San Angelo Society.

1. As a dental student, I thought I was studying for what would some day be my “job” as a dentist. As a practicing dentist, I have never felt like Ihad a “job,” but rather that I have been on a continuous educational journey that has been both challenging and rewarding. Additionally asa dental student, I could never have envisioned how much of a better career choice dentistry has become over that of medicine.

2. Dentistry is succeeding in many ways where medicine has failed. I hope that the future ofdentistry will grow to become less dependent on insurance company reimbursements. Theideal relationship needs to be between the dentist and the patient with as little third-partyinvolvement as possible.

3. The TDA must promote to its members the importance of the dentist-patient relationship asa CORE VALUE. It must educate dentists on how to develop their practices with as littlethird-party involvement as possible so that dentistry will not be adversely affected as aprofession in the same unfortunate ways that the medical profession has been affected by suchthird-party intervention. Additionally, the TDA must facilitate growth and change withinour profession by building bridges, rather than walls, between the special interest groupswithin our profession. ★

Dr. David L. Roberts, Dallas 4th District / North Texas Dental Society

November 2005 / TDA Today / 3

2005 House NotesAmerican DentalAssociationBy Dr. John S. Findley, ADA 15th District Trustee

The American Dental Association’s (ADA) Houseof Delegates deliberations in 2005 will go downin dental history as some of the most

contentious and also as the most unpredictable. Positions, issues, and feelings were oncoat sleeves and shoulders — waiting and even daring to be a part of the foray. Now thatthe dust is settling down, several lessons are very apparent. First, once again the wisdomof the House as the ultimate governing body is proven in directing the course for ourprofession. Second, we are in the midst of changing times and many of those changes aregoing to be difficult as we are simultaneously driving and being driven into the future.Our challenges are to make certain that we get stronger and stronger as a profession andthat we ultimately shape the impending change so that both patient and profession arepreserved.

There is no need to either recite the resolutions or repeat the debate. Two of themain issues and various more recent topics, however, might be of great interest to you. Ifyou would like to see all of the resolutions in detail, please visit www.ada.org for acomplete report.

CODA and International Accreditation A resolution supporting the Commission on Dental Accreditation’s (CODA) plans to

offer international consultation and accreditation received a favorable vote in the House,although this was a huge issue with most here in Texas. Along with the House’s approvalcomes the formation of an advisory board consisting of two representatives from CODA,two from dental practice, and one from the American Dental Association’s Board ofTrustees. This advisory board will act on international accreditation issues and makeappropriate recommendations to CODA, including selection of the countries and schoolsthat might be eligible for accreditation. This will be a developing issue that will take twistsand turns and it should be noted that such accreditation does not guarantee licensure.With strong state boards and appropriate regulations, the protection of patients shouldcontinue to be ensured.

Workforce Issues Workforce issues dominated much of the deliberations at the ADA Annual Meeting.

The ADA Board report included many open-ended proposals and resulted in the passageof a resolution establishing a new task force on workforce issues with one member fromevery trustee district plus two trustees appointed by the president. Policy supporting thestudy of possible new types of allied dental personnel and their possible realigned roles inthe work environment was established. The task force was mandated certain activitiesincluding determining the adequacy of the present workforce and to study access issueswhere expanded duties already exist.

Election of ADA President-elect True to predictions, the election of an ADA president-elect was “too close to call.”

The House split between the two candidates with a most unusual tie vote. On a secondvote, Kathy Roth was named the winner. Kathy, whose husband is also a general dentist,practices in West Bend, Wisconsin.

Honorary ADAMembership

Another event that was veryexciting to all of us who have beenfortunate to work with TDAExecutive Director Mary Kay Linnover the years was her being named anHonorary ADA Member before theHouse of Delegates.

Finally, please be watching fortwo important issues — the TeckerReport, which evaluated theeffectiveness of the ADA’s Washingtonoffice, and the new ADA strategic planfor 2007 – 2010. ★

Texas Delegation (15th District) American Dental Association

DelegatesDr. Richard C. Black Dr. Patricia L. Blanton Dr. James W. Chancellor Dr. James D. Condrey Dr. T. Bob Davis Dr. James R. Foster Dr. Glen D. Hall Dr. Thomas C. Harrison Dr. O. Z. Helmer Dr. Hilton Isrealson Dr. S. Jerry Long Dr. Don A. Lutes Dr. Alan B. Moore Dr. R. Mark Peppard Dr. James A. Person

Dr. Charles C. Rader Dr. Matthew B. Roberts Dr. Stephen F. Schwartz Dr. Larry W. Spradley Dr. Debra G. Stewart Dr. Michael L. Stuart Dr. Herbert L. Wade, Jr. Dr. David S. Wilbanks

AlternatesDr. Craig S. Armstrong Dr. Jennifer J. Barrington Dr. Robert L. Clitheroe Dr. Ron Collins Dr. Karen E. Frazer Dr. Kathy T. Gibson

Dr. Michael J. Goulding Dr. Frank L. Higginbottom Dr. Bruce E. Howell Dr. Philip H. Hunke Dr. Paul A. Kennedy Dr. David M. Ku Dr. Risé L. Lyman Dr. Robert C. Meador Dr. Donna G. Miller Dr. Lee P. Oneacre Dr. Richard M. Smith Dr. Michael D. Vaclav Dr. David A. Woolweaver Dr. Debra J. Worsham

(From left): ADA president Dr. Richard Haughtmakes TDA executive director Mary Kay Linn anhonorary member of the American Dental Association.

TDA Board Hosts GovernorRick Perry, DENPACAnnounces Support for Re-Election By Dr. Warren Branch, Vice Chair, DENPAC

On March 7, 2006, Texas voterswill consider the re-election ofGovernor Rick Perry to a second

full term, and a victorious outcome willmake him the longest-serving Governor inTexas history. On November 4, 2005, theTexas Dental Association (TDA) Boardhosted Gov. Perry at the central office toannounce DENPAC’s unanimous supportfor his re-election.

In a public statement, DENPACchair Dr. Terry Darden said, “Texasdentists are proud to stand in support ofGovernor Rick Perry at this early andimportant stage of the campaign, because for more than a decade he has made oral health apriority for our state. With his support, Texas restored CHIP dental benefits and imple-mented key reforms to preserve a strong dental workforce for our patients for years to come.”

In his address to the TDA Board, Gov. Perry said, “It is an honor to have the supportof the 7,400 members of the Texas Dental Association,” said Perry. “These men and womenprovide quality care for Texas families on a daily basis, and they share my vision for astronger, healthier Texas. I am proud to have them supporting my re-election in 2006.”

TDA president Dr. Richard Black, in his remarks to Gov. Perry, said, “On behalf of ourAssociation’s members, I would like to commend the Governor on his leadership in theaftermath of Hurricanes Katrina and Rita. His steady hand made it possible for so many Texansto rise to the challenge, including dentists across the state that helped care for evacuees.”

In voting without reservation to support Governor Perry for re-election, the DENPACBoard recognized the positive track that Texas dentistry is on under his leadership. As smallbusiness owners and healthcare providers, Texas dentists deserve a strong practice environmentthat supports the delivery of high quality dental care to people across the state.

DENPAC was established in 1967 exclusively for the purpose of influencing thenomination or election of state candidates who have demonstrated their concern for thepreservation of dentistry as an independent profession and for the dental health of thepeople of Texas. Dentistry won its battles in the 2005 Texas Legislature precisely becauseDENPAC handled the 2004 election cycle with the intensity, diligence, and shrewdnessthat have made the PAC one of the top 20 strongest political action committees in thestate. To continue that strength, the DENPAC board will work through the 2006 electioncycle to aggressively support friendly incumbents from Gov. Perry on down the ballot. Allcandidates for the 2006 elections must file papers with the Secretary of State by January 2,2006. Early voting runs from Tuesday, February 21 through Friday, March 3, 2006.

For information on DENPAC membership, contact Leigh Ann Montague, PACManager, at (512) 443-3675 or lmontague@tda.org. ★

Gov. Rick Perry (fourth from left) is welcomed toTDA by (from left) Drs. Jerry Long, Rick Box, RickBlack, Kelly Keith, and Bill Estes.

TDA Leadership LaysGroundwork for 2007Legislative Session Holds Series of Meetings with Top State Officials

I n a blitz of briefings in and around the Capitol in late October, Texas DentalAssociation (TDA) leadership began to prepare for the 2007 Texas Legislature bymeeting with top state officials on critical issues facing Texas dentists. Dr. Richard C.

Black, president; Dr. Patricia L. Blanton, 2003-2004 president; and Dr. S. Jerry Long,chair, TDA Council on Legislative and Regulatory Affairs, represented the Association onissues regarding implementation of the restored Children’s Health Insurance Program(CHIP) dental benefit, access to dental services in Medicaid, and legislative improvementsto dental assistant testing requirements.

In a private session with Lt. Gov. David Dewhurst, the TDA leadership teamdiscussed serious concerns regarding the proposed design of the CHIP dental benefit andlevel of reimbursement. They also stressed the need for increased reimbursement fordental services in Medicaid and reported on the positive status of legislative reforms todental assistant testing, thanks in part to Lt. Gov. Dewhurst’s support of Senate Bill 610 bySen. Jane Nelson and Rep. Jodie Laubenberg.

These issues also were raised in meetings with the offices of Sen. Judith Zaffirini (D-Laredo), Sen. Jane Nelson (R-Flower Mound), and Rep. Dianne Delisi (R-Temple). Sen.Zaffirini serves as vice chair of the Senate Finance Committee and chair of the FinanceSubcommittee on Health and Human Services. Sen. Nelson chairs the Senate Health andHuman Services Committee and serves on the Finance Subcommittee on Health and HumanServices. Rep. Delisi chairs the House Public Health Committee and will oversee an interimlegislative study on patient safety and scope of practice in health professions including dentistry.

On Friday, October 28, the TDA Council on Legislative and Regulatory Affairshosted Texas Atty. Gen. Greg Abbott in a private meeting to discuss top issues. Gen.Abbott shared his insight into the pending ruling of the Texas Supreme Court on thelawsuit brought by school districts over school finance. TDA members raised the need forMedicaid fee increases for dental providers, and praised the Attorney General for hisagency’s handling of Medicaid fraud investigations.

While dentistry made great strides in the 2005 Legislature, the Association mustcontinue to identify new and emerging issues, primarily by hearing from members whocontact the Association and at component society meetings throughout the state. Aslegislative committees begin to organize around issues to study during the interim inpreparation for next session, the Association will continue its own policy research in theareas of dental workforce, Medicaid reform, access to care, and other issues as they arise. ★

TDAT o d a y

November 2005 • Volume 6, Issue 11www.tda.org

Contact the TDA Board: ✽ BLACK: (915) 592-5853, rblack@tda.org ✽ HARRISON: (281) 492-6064, tharrison@tda.org ✽ WADE: (979) 776-8100, hwade@tda.org ✽ ROBERTS: (936) 544-3790, mroberts@tda.org ✽ CHANCELLOR: (210) 653-4410, jchancellor@tda.org ✽ DUNCAN: (806) 355-7401, dduncan@tda.org ✽ HIGGINBOTTOM: (214) 827-1150, fhigginbottom@tda.org ✽ COLLINS: (281) 983-5677, rcollins@tda.org ✽ PHILIPS: (361) 992-9871, fphilips@tda.org ✽ COX: (817) 596-7782, dcox@tda.org ✽ BARRINGTON: (972) 923-0374, jbarrington@tda.org ✽ BOGAN: (713) 467-3458, dougbogan@tda.org ✽ CAZARES: (956) 686-5000,

cazaresdds@tda.org ✽ MCENTIRE: (806) 459-1644, wmcentire@tda.org ✽ ONEACRE: (972) 394-2114, loneacre@tda.org ✽ COLEMAN: (210) 656-3301, jcoleman@tda.org ✽ HALL: (325) 698-7560, ghall@tda.org ✽ STUART: (972) 686-8828, mstuart@tda.org ✽ ANDERSON: (806) 792-5111, canderson@tda.org ✽ LINN: (512) 443-3675, marykay@tda.org ✽ BINGHAM: (512) 495-6000, bbingham@mcginnislaw.com

Hypothetical Situation: Ms. Jones, a regular patient of Dr. Smith, is scheduled for a prophy while Dr. Smith, a solo practitioner, isout of town. While being seated for the prophy, Ms. Jones tells the hygienist that her temporary crown has become loose. Aftercompleting the prophy, the hygienist asks Dr. Smith’s dental assistant to take x-rays and re-seat the temporary crown for Ms. Jones.

Q: In the above hypothetical, does state law or Dental Board rules allow Dr. Smith to delegate Ms. Jones’ prophy to thehygienist?

A: YES, as long as Dr. Smith has examined Ms. Jones within the preceding 12 months. Texas State law, in Section 262.151, TexasOccupations Code, authorizes a dentist to delegate a service, task, or procedure to a dental hygienist as long as the hygienist islicensed to perform the delegated duty and the supervising dentist has examined the patient either at the time the delegated task isperformed by the hygienist or during the 12 calendar months preceding the date of the service. The law also states that the dentistis not required to be on premises when the dental hygienist performs a delegated act.

Q: In the above hypothetical, does state law or Dental Board rules permit the dental assistant to x ray Ms. Jones and seather temporary crown?

A: NO, even if Dr. Smith is made aware of the problem and phones his office to delegate the necessary tasks. Texas State law, inSection 258.002(a), Occupations Code, requires the dentist to be physically present in the dental office to delegate a service, task,or procedure to a dental assistant. Another law, Section 265.002, Occupations Code, provides that a dental assistant is under adentist's direct supervision if the dentist is in charge of the dental assistant and is physically present in the dental office when thedental assistant performs the delegated act.

For additional information, please contact Jay Bond at the TDA central office, (512) 443-3675, or jbond@tda.org. ★

This recurring section is designed to help TDA memberskeep up with important Texas State Board of DentalExaminers (TSBDE) rules, other regulations, and state lawaffecting their practices.

Original in folder:

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Tired of waiting for a fax or snail mail? Corresponding with e-mail is quick and efficient. Currently we have e-mail addresses foronly 38 percent of our membership. Update your e-mail address online or call TDA’s Membership Department at (512) 443-3675.

Discuss it online with “Ask a Colleague.” This feature provides online discussion groups for members to chat with their peers. Youcan read current postings or choose to post a new message.

Go to www.tda.org and click on “Ask a Colleague” to the left of the screen. Begin by clicking on a topic. From there you can readpostings, reply to a post, or choose to post a new message. To return to the topics list, click on the “Dentist” link.

Questions? Contact Stefanie Clegg, TDA’s web manager at (512) 443-3675 or stefanie@tda.org. ★