(a) Any person who desires to provide dental assistant
services requiring registration or certification must obtain the proper
registration or certification issued by the Board before providing
the services, except as provided in Texas Occupations Code §265.005(l)
and §114.11 of this chapter.
(b) Any applicant for registration or certification
must meet the requirements of this chapter.
(c) To be eligible for registration or certification,
an applicant must provide with an application form approved by the
Board satisfactory proof to the Board that the applicant:
(1) has fulfilled all requirements for registration
or certification outlined in this chapter;
(2) has met the requirements of §101.8 of this
title;
(3) has not had any disciplinary action taken in this
state or any other jurisdiction;
(4) has successfully completed a current course in
basic life support;
(5) has taken and passed the jurisprudence assessment
administered by the Board or an entity designated by the Board within
one year immediately prior to application; and
(6) has paid all application, examination and fees
required by law and Board rules and regulations.
(d) Applications for dental assistant registration
and certification must be delivered to the office of the State Board
of Dental Examiners.
(e) An application for dental assistant registration
or certification is filed with the Board when it is actually received,
date-stamped, and logged-in by the Board along with all required documentation
and fees. An incomplete application will be returned to the applicant
with an explanation of additional documentation or information needed.
(f) The Board may refuse to issue registration or certificate
or may issue a conditional registration or certificate to any individual
who does not meet the requirements of subsections (c)(2) or (c)(3)
of this section, or who:
(1) presents to the Board fraudulent or false evidence
of the person's qualification for registration or certification;
(2) is guilty of any illegality, fraud, or deception
during the process to secure a registration or certification;
(3) is habitually intoxicated or is addicted to drugs;
(4) commits a dishonest or illegal practice in or connected
to dentistry;
(5) is convicted of a felony under federal law or law
of this state; or
(6) is found to have violated a law of this state relating
to the practice of dentistry within the 12 months preceding the date
the person filed an application for a registration or certification.
(g) If the Board chooses to issue a conditional registration
or certificate, the individual may be required to enter into an agreed
settlement order with the Board at the time the registration or certificate
is issued. In determining whether to issue a conditional registration
or certificate, the Board shall consider the following factors, as
applicable:
(1) the nature and seriousness of the crime or violation;
(2) the relationship of the crime or violation to the
purposes for requiring a registration/certification to engage in the
occupation;
(3) the extent to which a registration/certification
might offer an opportunity to engage in further criminal activity
or violations of the same type as that in which the person previously
had been involved;
(4) the relationship of the crime or violation to the
ability, capacity, or fitness required to perform the duties and discharge
the responsibilities of the registered occupation;
(5) the extent and nature of the person's past criminal
activity or disciplinary history;
(6) the age of the person when the crime or violation
was committed;
(7) the amount of time that has elapsed since the person's
last criminal activity or violation;
(8) the conduct and work activity of the person before
and after the criminal activity or violation;
(9) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release; and
(10) other evidence of the person's fitness, including
letters of recommendation from:
(A) prosecutors and law enforcement and correctional
officers who prosecuted, arrested, or had custodial responsibility
for the person;
(B) the sheriff or chief of police in the community
where the person resides; and
(C) any other person in contact with the convicted
person.
(11) The applicant shall, to the extent possible, obtain
and provide to the Board the recommendations of the prosecution, law
enforcement, and correctional authorities. The applicant shall also
furnish proof in such form as may be required by the Board that he
or she has maintained a record of steady employment and has supported
his or her dependents and has otherwise maintained a record of good
conduct and has paid all outstanding court costs, supervision fees,
fines, and restitution as may have been ordered in all criminal cases
in which he or she has been convicted or received a deferred order
or in all administrative cases in which the applicant has been the
subject of a final disciplinary action.
(12) The order may include limitations including, but
not limited to, practice limitations, stipulations, compliance with
court ordered conditions, notification to employer or any other requirements
the Board recommends to ensure public safety.
(13) In the event an applicant is uncertain whether
he or she is qualified to obtain a dental assistant registration or
certification due to criminal conduct, the applicant may request a
Criminal History Evaluation Letter in accordance with §114.9
of this chapter, prior to application.
(14) Should the individual violate the terms of his
or her conditional registration or certificate, the Board may take
additional disciplinary action against the individual.
(h) An applicant whose application is denied by the
Board may appeal the decision to the State Office of Administrative
Hearings.
(i) An individual whose application for dental assistant
registration/certification is denied is not eligible to file another
application for registration/certification until the expiration of
one year from the date of denial or the date of the Board's order
denying the application for registration/certification, whichever
date is later.
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