22 Tex. Admin. Code § 112.3 - Limited Oral Evaluation
(a) This rule shall
not be construed to prohibit a registered dental hygienist from collecting
clinical data in conjunction with a licensed dentist's limited oral evaluation
under this rule.
(b) This rule
shall not be construed to prohibit a registered dental hygienist or a dental
assistant with the appropriate certificate from applying sealants in
conjunction with a limited oral evaluation performed by a licensed dentist
under this rule.
(c) This rule
shall not be construed to prohibit a registered dental hygienist or a dental
assistant from applying fluoride varnish in conjunction with a limited oral
evaluation performed by a licensed dentist under this rule.
(d) A limited oral evaluation is performed by
a licensed dentist in conjunction with a federal, state, county, or city
government healthcare program, a non-profit organization, or an educational
institution. It is a non-diagnostic, non-comprehensive evaluation of an
individual who is not a patient of record made for the limited purpose of
screening for symptoms of oral cancer and/or evaluating minors or underserved
populations for current or potential dental problems.
(e) A limited oral evaluation must be
provided at no cost to the patient or any third party. The evaluation must
result in a written assessment of findings that is provided to the patient and
retained by the dentist or entity qualifying under subsection (d) of this
section.
(f) A limited oral
evaluation is exempt from the requirements of the minimum standard of care for
a comprehensive examination in §
108.7 of this title (relating to
Minimum Standard of Care, General) and §
108.8 of this title (relating to
Records of the Dentist), except as required by this rule. The dentist must
obtain written, informed consent as to the limited nature and non-diagnostic
results of the evaluation from the patient or his/her parent or guardian. The
dentist must provide a copy of the written informed consent and the results of
the evaluation to the patient or his/her parent or guardian. The written
informed consent must clearly evidence the name of the evaluating dentist, the
patient's name, and the date of evaluation.
(g) A limited oral evaluation shall not be
performed for business promotion or patient solicitation purposes. A dentist
performing a limited oral evaluation must comply with all rules and laws
governing professional conduct and business promotion. Following the
evaluation, the dentist may recommend or refer the patient to a dentist for
follow-up examination.
(h) Either
the dentist or the entity qualifying under subsection (d) of this section shall
retain a copy of the written informed consent and the results of the evaluation
for five years from the date of the evaluation.
Notes
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