Tex. Codes » Occupations Code · TITLE 3. HEALTH PROFESSIONS · SUBTITLE D. DENTISTRY · CHAPTER 251. GENERAL PROVISIONS RELATING TO PRACTICE OF DENTISTRY
Texas Codes

Tex. Occ. Code § 251.003 (2026)

Practice Of Dentistry

✓ current as of May 2026
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Sec. 251.003. PRACTICE OF DENTISTRY. (a) For purposes of this subtitle, a person practices dentistry if the person:

(1) represents to the public that the person is a dentist or dental surgeon or uses or permits to be used for the person or another person the title of "Doctor," "Dr.," "Doctor of Dental Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.," or another description, including the use of the terms "denturist" or "denturism," that, directly or indirectly, represents that the person is able to:

(A) diagnose, treat, or remove stains or concretions from human teeth; or

(B) provide surgical and adjunctive treatment for a disease, pain, injury, deficiency, deformity, or physical condition of the human teeth, oral cavity, alveolar process, gums, jaws, or directly related and adjacent masticatory structures;

(2) performs or offers to perform by any means the:

(A) cleaning of human teeth;

(B) removal of stains, concretions, or deposits from teeth in the human mouth; or

(C) diagnosis, treatment, operation, or prescription for a disease, pain, injury, deficiency, deformity, or physical condition of the human teeth, oral cavity, alveolar process, gums, or jaws;

(3) prescribes, makes, or causes to be made or offers to prescribe, make, or cause to be made by any means an impression of any portion of the human mouth, teeth, gums, or jaws:

(A) to diagnose, prescribe, or treat, or aid in the diagnosis, prescription, or treatment, of a physical condition of the human mouth, teeth, gums, or jaws; or

(B) to construct or aid in the construction of a dental appliance, denture, dental bridge, false teeth, dental plate of false teeth, or another substitute for human teeth;

(4) owns, maintains, or operates an office or place of business in which the person employs or engages under any type of contract another person to practice dentistry;

(5) fits, adjusts, repairs, or substitutes or offers to fit, adjust, repair, or substitute in the human mouth or directly related and adjacent masticatory structures a dental appliance, structure, prosthesis, or denture;

(6) aids in the fitting, adjusting, repairing, or substituting or causes to be fitted, adjusted, repaired, or substituted in the human mouth or directly related and adjacent masticatory structures a dental appliance, structure, prosthesis, or denture;

(7) without a written prescription or work order signed by a dentist legally practicing dentistry in this state or in the jurisdiction in which the dentist maintains the dentist's office:

(A) makes, processes, reproduces, repairs, or relines a full or partial denture, fixed or removable dental bridge or appliance, dental plate of false teeth, artificial dental restoration, or a substitute or corrective device or appliance for the human teeth, gums, jaws, mouth, alveolar process, or any part for another; or

(B) offers, undertakes, aids, abets, or causes another person to engage in an activity described by Paragraph (A);

(8) directly or indirectly offers, undertakes, or causes another to perform for any person an act, service, or part of an act or service in the practice of dentistry, including:

(A) inducing, administering, prescribing, or dispensing anesthesia or an anesthetic drug, medicine, or an agent in any way related to the practice of dentistry;

(B) permitting or allowing another to use the person's license or certificate to practice dentistry in this state; or

(C) aiding or abetting the practice of dentistry by a person not licensed by the board to practice dentistry;

(9) controls, influences, attempts to control or influence, or otherwise interferes with the exercise of a dentist's independent professional judgment regarding the diagnosis or treatment of a dental disease, disorder, or physical condition; or

(10) represents that the person is a denturist or uses another title that is intended to convey to the public that the services offered by the person are included within the practice of dentistry.

(b) The practice of dentistry under Subsection (a)(9) does not:

(1) require an entity to pay for services that are not provided for in an agreement; or

(2) exempt a dentist who is a member of a hospital staff from following hospital bylaws, medical staff bylaws, or established policies approved by the governing board and the medical and dental staff of the hospital.

(c) In this subtitle, the practice of the dental specialty of oral and maxillofacial surgery includes the diagnosis of and the surgical and adjunctive treatment of diseases, injuries, and defects involving the functional and aesthetic aspects of the hard and soft tissues of the oral and maxillofacial region.

(d) For purposes of this subtitle, a person located in another state practices dentistry in this state and is required to hold a license to practice dentistry in this state if the person through the use of any medium, including an electronic medium, performs an act that constitutes the practice of dentistry on a patient in this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 12, eff. September 1, 2021.

Notes of Decisions
Cited in 11 cases, 2006–2017 · leading case: In Re Oca, Inc., 552 F.3d 413 (5th Cir. 2008).
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In Re Oca, Inc., 552 F.3d 413 (5th Cir. 2008). · cites it 6× “See Tex. Occ.Code § 251.003(a). In this case, the bankruptcy court granted the Orthodontists' motions for partial summary judgment and held that the BSAs between OCA and the Orthodontists were void for illegality because they enabled OCA, which is unlicensed, to practice…”
Am. Academy of Implant Dentistry v. Parker, 860 F.3d 300 (5th Cir. 2017). · cites it 2× “9 ; see also Tex. Occ. Code § 251.003 (setting out the provisions of the practice of dentistry).”
Texas State Bd. of Dental Examiners v. Brown, 281 S.W.3d 692 (Tex. App. 2009). “Brown practiced dentistry during her period of suspension, as the practice of dentistry is defined by TEX. OCC. CODE § 251.003(a)(4). BD[COL] 2 Based upon finding of fact Nos.”
Crosby v. Orthalliance New Image, 552 F.3d 413 (5th Cir. 2008). · cites it 5× “See Tex. Occ.Code § 251.003(a). In this case, the bankruptcy court granted the Orthodontists’ motions for partial summary judgment and held that the BSAs between OCA and the Orthodontists were void for illegality because they enabled OCA, which is unlicensed, to practice…”
OCA v. Christie, 415 F. Supp. 2d 115 (D. Conn. 2006). “” Tex. Occ.Code Ann. § 251.003(4). 11 . The court noted that “Orthalliance may also employ the Individual Plaintiffs; however, the Court shall not decide this issue, he-cause Orthalliance clearly engages the Individual Plaintiffs.”
Dr. Behzad Nazari, D.D.S. D/B/A Antoine Dental Ctr. Dr. Behzad Nazari Harlingen Fam. Dentistry, P.C. A/K/A Practical Bus. Solutions, Series LLC Juan D. Villarreal D.D.S., Series PLLC D/B/A Harlingen Fam. Dentistry Grp. v. State (Tex. App. 2015). · cites it 12× “Xerox's prior authorization approvals were promises that: a) the requested orthodontic services were medically necessary, and/or b) the approval had been issued by a licensed dentist, and/or 3 Texas Occupations Code §251.003 prevents unUcensed individuals from diagnosing…”
Charles P. Akin, D.D.S. v. State Bd. of Dental Examiners (Tex. App. 2015). · cites it 6× “See Tex. Occ. Code § 251.003(a)(1). Moreover, as section 256.”
Ex Parte Carlos Morales-Ryan (Tex. App. 2008). · cites it 4× “" See Tex. Occ. Code Ann. § 251.003 (c) (Vernon 2004).”
Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, & Holly Clause v. Tracy D. Strandhagen (Tex. App. 2015). · cites it 4× “See Tex. Occ. Code § 251.003(a). In this case, the bankruptcy court Section 251.”
Texas State Bd. of Dental Examiners v. Misty J. Brown, D.D.S. (Tex. App. 2009). “Brown practiced dentistry during her period of suspension, as the practice of dentistry is defined by TEX. OCC. CODE § 251.003 (a)(4). BD[COL] 2 Based upon finding of fact Nos.”
Texas State Bd. of Dental Examiners v. Misty J. Brown, D.D.S. (Tex. App. 2009). “Brown practiced dentistry during her period of suspension, as the practice of dentistry is defined by TEX. OCC. CODE § 251.003 (a)(4). BD[COL] 2 Based upon finding of fact Nos.”
— Tex. Occ. Code § 251.003(4) — 1 case
OCA v. Christie, 415 F. Supp. 2d 115 (D. Conn. 2006). “” Tex. Occ.Code Ann. § 251.003(4). 11 . The court noted that “Orthalliance may also employ the Individual Plaintiffs; however, the Court shall not decide this issue, he-cause Orthalliance clearly engages the Individual Plaintiffs.”
— Tex. Occ. Code § 251.003(a) — 3 cases
In Re Oca, Inc., 552 F.3d 413 (5th Cir. 2008). “See Tex. Occ.Code § 251.003(a). In this case, the bankruptcy court granted the Orthodontists' motions for partial summary judgment and held that the BSAs between OCA and the Orthodontists were void for illegality because they enabled OCA, which is unlicensed, to practice…”
Crosby v. Orthalliance New Image, 552 F.3d 413 (5th Cir. 2008). “See Tex. Occ.Code § 251.003(a). In this case, the bankruptcy court granted the Orthodontists’ motions for partial summary judgment and held that the BSAs between OCA and the Orthodontists were void for illegality because they enabled OCA, which is unlicensed, to practice…”
Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, & Holly Clause v. Tracy D. Strandhagen (Tex. App. 2015). “See Tex. Occ. Code § 251.003(a). In this case, the bankruptcy court Section 251.”
— Tex. Occ. Code § 251.003(a)(1) — 1 case
Charles P. Akin, D.D.S. v. State Bd. of Dental Examiners (Tex. App. 2015). “See Tex. Occ. Code § 251.003(a)(1). Moreover, as section 256.”
— Tex. Occ. Code § 251.003(a)(1)(A) — 1 case
Charles P. Akin, D.D.S. v. State Bd. of Dental Examiners (Tex. App. 2015). “See Tex. Occ. Code § 251.003(a)(1). Moreover, as section 256.”
— Tex. Occ. Code § 251.003(a)(4) — 4 cases
In Re Oca, Inc., 552 F.3d 413 (5th Cir. 2008). “See Tex. Occ.Code § 251.003(a). In this case, the bankruptcy court granted the Orthodontists' motions for partial summary judgment and held that the BSAs between OCA and the Orthodontists were void for illegality because they enabled OCA, which is unlicensed, to practice…”
Texas State Bd. of Dental Examiners v. Brown, 281 S.W.3d 692 (Tex. App. 2009). “Brown practiced dentistry during her period of suspension, as the practice of dentistry is defined by TEX. OCC. CODE § 251.003(a)(4). BD[COL] 2 Based upon finding of fact Nos.”
Crosby v. Orthalliance New Image, 552 F.3d 413 (5th Cir. 2008). “See Tex. Occ.Code § 251.003(a). In this case, the bankruptcy court granted the Orthodontists’ motions for partial summary judgment and held that the BSAs between OCA and the Orthodontists were void for illegality because they enabled OCA, which is unlicensed, to practice…”
Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, & Holly Clause v. Tracy D. Strandhagen (Tex. App. 2015). “See Tex. Occ. Code § 251.003(a). In this case, the bankruptcy court Section 251.”
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