SECTION 117.1. Exemptions

(a) The definition of dentistry as contained in the Occupations Code, Title 3, Chapter 251.003, shall not apply to the following:

(1) Students of a dental college or school accredited by the Commission on Dental Accreditation of the American Dental Association (CODA), who perform their operations without pay except for actual costs of materials, in the presence of and under the direct personal supervision of a demonstrator or teacher who is:

(A) a member of the faculty of a CODA-accredited dental college or school; or

(B) affiliated with a school, hospital, state institution, public health clinic, or other facility approved for student dental services by the State Board of Dental Examiners.

(2) Students of a dental hygiene college or school accredited by CODA, who practice dental hygiene without pay in strict conformity with the laws of this state regulating the practice of dental hygiene under the direct personal supervision of a demonstrator or teacher who is:

(A) a member of the faculty of a CODA-accredited dental hygiene college or school; or

(B) affiliated with a school, hospital, state institution, public health clinic, or other facility approved for student dental hygiene services by the State Board of Dental Examiners.

(3) Dental interns who pursue advanced education in dentistry under the auspices of an institution, such as a dental school or hospital, which offers the type of advanced program designed to meet accreditation requirements as established by the Commission on Dental Accreditation of the American Dental Association. Dental interns may perform any clinical service included in the program of advanced education for which he/she is enrolled, as long as such service is accomplished under the auspices of the sponsoring institution, and as authorized by the program supervisor. A dental intern not licensed in Texas may not assess fees for clinical services rendered. An unlicensed dental intern may not engage in private practice.

(4) Dental residents who pursue advanced education in dentistry under the auspices of an institution, such as a dental school or hospital, which offers the type of advanced program designed to meet accreditation requirements as established by the Commission of Dental Accreditation of the American Dental Association. The residency program usually follows an internship and the objective customarily is to prepare specialists in selected field of clinical dentistry. Dental residents may perform any clinical service included in the program of advanced education for which he/she is enrolled, as long as such service is accomplished under the auspices of the sponsoring institution, and as authorized by the program supervisor. A dental resident not licensed in Texas may not assess fees for clinical services rendered. An unlicensed dental resident may not engage in private practice.

(b) Dental interns and residents shall be entitled to apply for and to receive an identification number issued by the SBDE to be used solely for the purpose of applying for a Controlled Substances narcotics registration from the Texas Department of Public Safety and the Drug Enforcement Administration to prescribe, administer, or dispense controlled substances.

(c) The SBDE will notify the Texas Department of Public Safety and the Drug Enforcement Administration when an identification number is issued and when an identification number is voided.

(d) Each application for an SBDE identification number shall be accompanied by a fee in an amount set by the Board.

Source Note: The provisions of this §117.1 adopted to be effective January 1, 1976; amended to be effective February 6, 1977, 2 TexReg 251; amended to be effective March 18, 1997, 22 TexReg 2500; amended to be effective December 3, 1997, 22 TexReg 11680; amended to be effective February 24, 2004, 29 TexReg 1661; amended to be effective March 23, 2015, 40 TexReg 1709