Texas Register
TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 101DENTAL LICENSURE
RULE §101.11Employment by Estate of Dentist or Person Acting for Mentally Incompetent Dentist
ISSUE 06/13/2014
ACTION Proposed
Preamble Texas Admin Code Rule
(a)Texas Occupations Code, Title 3, Subtitle D, does not prevent a person who is the administrator or executor of the estate of a dentist or a person who is legally authorized to act for a dentist adjudicated to be mentally incompetent from employing a licensed dentist to:

  (1)carry on the deceased or mentally incompetent dentist's practice for a reasonable period, as determined by the board; or

  (2)conclude the affairs of the practice, including the sale of any assets.

(b)Texas Occupations Code, Title 3, Subtitle D, does not prevent a licensed dentist from working for a person described by subsection (a) of this section during the administration of the estate or the period of incompetency.

(c)For purposes of subsection (a)(1) of this section, "reasonable period" means a period of no more than twelve (12) months from the date of the dentist's death or the date the dentist is lawfully determined to be mentally incompetent, whichever is applicable.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 2, 2014

TRD-201402569

Sarah Carnes-Lemp

General Counsel

State Board of Dental Examiners

Earliest possible date of adoption: July 13, 2014

For further information, please call: (512) 475-0977

 

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