Board adopts rule chapters on auxiliary duties, clarifies orthodontic-device rules and flags RDA registration concerns
February 21, 2026 | State Board of Dental Examiners, Boards & Commissions, Executive, Texas
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The Texas State Board of Dental Examiners voted Feb. 20 to adopt multiple rule chapters and proposed amendments aimed at clarifying who may perform expanded dental functions and how orthodontic devices are regulated.
The board adopted rule chapters 114 (extension of duties for auxiliary personnel for dental assistants), 115 (extension for dental hygiene auxiliary personnel), and 116 (dental laboratories) as recommended by the dental practice committee. The committee also advanced specific proposed rules (e.g., 114.2, 114.3, 115.4) after staff reported limited written comments in support from stakeholders such as TAGD.
On House Bill 4070—relating to the sale, design and manufacture of orthodontic devices—staff described proposed language requiring an in-person exam before orthodontic treatment, a records-retention increase from five to seven years, and a fair-dealing provision preventing practices from directing patients to purchase a specific device before treatment. The committee clarified statutory language used the term “counsel” as part of informed consent and placed the statutory phrasing into the rule for clarity. The board voted unanimously to adopt the proposed rules tied to HB 4070.
During the rule discussions, Sharon Dickinson, president of the Texas Dental Assistants Association, urged the board to require registered dental assistant (RDA) status before delegating advanced functions such as pit-and-fissure sealants and coronal polishing, citing patient safety, standardized competency and regulatory accountability. The board noted that statute removed many registration requirements during a prior sunset review and that legislative action would be required to restore broader registration authority.
The board agreed to disseminate clarifying guidance to stakeholders via newsletters and to coordinate with radiation inspectors to ensure inspected offices receive clear materials about permitted users for lasers and other regulated equipment.
Next steps: adopted rules are published in the register and subject to any remaining statutory comment periods where applicable; staff will include clarifying communications in the board’s newsletter and publish guidance about laser and Curadont use.
The board adopted rule chapters 114 (extension of duties for auxiliary personnel for dental assistants), 115 (extension for dental hygiene auxiliary personnel), and 116 (dental laboratories) as recommended by the dental practice committee. The committee also advanced specific proposed rules (e.g., 114.2, 114.3, 115.4) after staff reported limited written comments in support from stakeholders such as TAGD.
On House Bill 4070—relating to the sale, design and manufacture of orthodontic devices—staff described proposed language requiring an in-person exam before orthodontic treatment, a records-retention increase from five to seven years, and a fair-dealing provision preventing practices from directing patients to purchase a specific device before treatment. The committee clarified statutory language used the term “counsel” as part of informed consent and placed the statutory phrasing into the rule for clarity. The board voted unanimously to adopt the proposed rules tied to HB 4070.
During the rule discussions, Sharon Dickinson, president of the Texas Dental Assistants Association, urged the board to require registered dental assistant (RDA) status before delegating advanced functions such as pit-and-fissure sealants and coronal polishing, citing patient safety, standardized competency and regulatory accountability. The board noted that statute removed many registration requirements during a prior sunset review and that legislative action would be required to restore broader registration authority.
The board agreed to disseminate clarifying guidance to stakeholders via newsletters and to coordinate with radiation inspectors to ensure inspected offices receive clear materials about permitted users for lasers and other regulated equipment.
Next steps: adopted rules are published in the register and subject to any remaining statutory comment periods where applicable; staff will include clarifying communications in the board’s newsletter and publish guidance about laser and Curadont use.
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