SECTION 108.40. Permit Required

(a) Beginning September 1, 2001, every mobile dental facility, and, except as provided herein, every portable dental unit operated in Texas by any entity must have a permit as provided by this title (relating to Mobile Dental Facilities).

(b) Licensees who do not have a permit for a portable dental unit or who are employed by a dental organization not having a portable dental unit permit may provide dental services through use of dental instruments and equipment taken out of a dental office without a permit if;

(1) the service is provided as emergency treatment;

(2) a patient of record of the licensee or organization is treated outside of the dental office;

(3) treatment is provided to residents of nursing homes or convalescent facilities; or

(4) treatment is provided without charge to patients or to any third party payer, so long as such treatment is not provided on a regular basis.

(5) anesthesia/sedation services are provided and the licensee is permitted to provide portable anesthesia services under the provisions of Rule 108.33 of this title (relating to Sedation/Anesthesia Permit); or

(6) the service is provided in an office of another licensed dentist.

Source Note: The provisions of this §108.40 adopted to be effective February 20, 2001, 26 TexReg 1494