(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.

Source Note: The provisions of this §112.3 adopted to be effective December 16, 2012, 37 TexReg 9642