| (a) The purpose of this section is to establish automatic
sanctions, mandatory sanctions, recommended sanctions, guidelines
and criteria for the disciplinary actions to be taken by the Board
against applicants and licensees with criminal backgrounds.
(b) Definitions. In this section, the following terms
shall apply:
(1) "Applicant" means a person applying for a license,
certificate, registration, permit, or other authorization that is
issued by the Board under the Dental Practice Act.
(2) "Conviction" shall mean a conviction under federal
law or the law of any state, district, or territory of the United
States. A conviction shall be considered "final" upon the imposition
of a sentence of imprisonment, parole, probation, community supervision,
or other punishment after such conviction. Pursuant to Texas Occupations
Code §53.021(e)(1), the Board shall consider placement of a defendant
under deferred adjudication community supervision, or a similar deferral
of adjudication of guilt under federal or state law, as a final conviction
for all licensing and disciplinary purposes under the Texas Occupations
Code and Board rules.
(3) "Final Disposition" shall mean the date on which
the applicant or licensee completed the imposed sentence after conviction,
including any period of parole or probation, or completed the conditions
of deferred adjudication community supervision or similar deferral
of adjudication of guilt, as shown by the certified records of the
court or supervising government authority.
(4) "Health Care Professional" shall have the meaning
provided in Texas Occupations Code §108.051.
(5) "License" means a license, certificate, registration,
permit, or other authorization that is issued by the Board under the
Dental Practice Act.
(6) "Licensee" means the holder of a license, certificate,
registration, permit, or other authorization that is issued by the
Board under the Dental Practice Act.
(7) "Offense Relating to the Regulation of Dentists,
Dental Hygienists or Dental Assistants" means any criminal violation
of the Texas Dental Practice Act; any criminal violation of a law
related to the billing and payment for dental care services; any criminal
violation of a law related to the treatment and care of patients;
and any criminal violation of a law related to the preservation and
protection of patient records or patient protected health information.
(c) Automatic Denial or Revocation of Dental or Dental
Hygiene License. Based upon Chapter 108, Subchapter B, of the Texas
Occupations Code, certain convictions shall result in automatic denial
of an application for a dental or dental hygiene license, or revocation
of a current dental or dental hygiene license. A person who is denied
or a licensee who has their license revoked under this subsection
may reapply for the license, or apply for reinstatement of the revoked
license, if the conviction or deferred adjudication is reversed, set
aside, or vacated on appeal, or after the expiration of the period
for which the person is required to register as a sex offender under
Chapter 62, Code of Criminal Procedure.
(1) Automatic Denial of Application. The following
convictions shall result in automatic denial of an application for
licensure as a dentist or dental hygienist submitted on or after September
1, 2019.
(A) Any conviction resulting in the requirement that
the applicant register as a sex offender under Chapter 62, Code of
Criminal Procedure.
(B) Any previous conviction of or placement on deferred
adjudication community supervision for the commission of a felony
offense involving the use or threat of force.
(C) Any previous conviction or placement on deferred
adjudication community supervision for the commission of an offense
under Texas Penal Code §§22.011, 22.02, 22.021, or 22.04,
or an offense under the laws of another state or federal law that
is equivalent to an offense under one of those sections:
(i) committed when the applicant held a license as
a health care professional in this state or another state;
(ii) committed in the course of providing services
within the scope of the applicant's health care professional license;
and
(iii) in which the victim of the offense was a patient
of the applicant.
(2) Automatic Revocation of License. The following
convictions shall result in automatic proceedings to revoke the license
of a dentist or dental hygienist. The Board shall revoke a license
and update the Board's records to reflect the revocation immediately
on receiving notification pursuant to Texas Occupations Code §108.053(b).
If the Board receives notice through another source, the Board shall
pursue a revocation action through Texas Occupations Code §263.003.
(A) Any conviction resulting in the requirement that
the licensee register as a sex offender under Chapter 62, Code of
Criminal Procedure.
(B) Any conviction of or placement on deferred adjudication
community supervision for the commission of a felony offense involving
the use or threat of force.
(C) Any conviction or placement on deferred adjudication
community supervision for the commission of an offense under Texas
Penal Code §§22.011, 22.02, 22.021, or 22.04, or an offense
under the laws of another state or federal law that is equivalent
to an offense under one of those sections:
(i) committed while the licensee held a license as
a health care professional in this state or another state;
(ii) committed in the course of providing services
within the scope of the licensee's health care professional license;
and
(iii) in which the victim of the offense was a patient
of the licensee.
(d) Imposition of Mandatory Sanctions for Criminal
Convictions. Based upon Texas Occupations Code §263.006 and the
interests of public health and safety, the Board shall impose the
following mandatory sanctions on licensees for the following offenses.
In the event that a sanction from subsection (c) of this section is
also applicable to a licensee, the Board shall impose the automatic
sanction instead of the sanction under this subsection. The Board
may not reinstate or reissue a license suspended or revoked under
this section unless an express determination is made that the reinstatement
or reissuance of the license is in the best interests of the public
and the licensee whose license was suspended or revoked. The Board
must base that determination on substantial evidence contained in
an investigative report.
(1) Felony Convictions. The Board shall revoke the
license of a current licensee who receives a final felony conviction
under federal law or the law of any state, district, or territory
of the United States.
(2) Assaultive Offenses. The Board shall revoke the
license of a current licensee who receives a misdemeanor final conviction
under Chapter 22 of the Texas Penal Code, other than a misdemeanor
punishable by fine only.
(3) Mandatory Registration as Sex Offender. The Board
shall revoke the license of a current licensee who receives a final
conviction requiring the licensee register as a sex offender under
Chapter 62, Texas Code of Criminal Procedure.
(4) Violation of Certain Court Orders, Protective Orders,
or Conditions of Bond. The Board shall revoke the license of a current
licensee who receives a Class A or Class B misdemeanor final conviction
under Section 25.07 or Section 25.071 of the Texas Penal Code.
(e) Imposition of Recommended Sanctions for Criminal
Convictions. Based upon statutory authorization and the interests
of public health and safety, the Board shall impose the following
recommended sanctions for the following offenses, based on the Board's
determination that these offenses relate to the practice of dentistry,
and the Board's determination that allowing a licensee to practice
dentistry or provide dental services under a license issued by the
Board provides an opportunity for further criminal conduct. In the
event that a sanction from subsections (c) or (d) of this section
is also applicable to a licensee, the Board shall impose the automatic
or mandatory sanction instead of the recommended sanction under this
subsection. If more than one recommended sanction applies to the conviction
of a licensee or applicant, the Board shall apply the highest recommended
sanction applicable. The Board may only increase these recommended
sanctions upon an affirmative finding that persuasive aggravating
factors require elevation of the sanction for the protection of public
health and safety. The Board shall reduce the following sanctions
only upon an affirmative finding of persuasive mitigating factors
presented by the applicant or licensee, as applicable. The Board shall
articulate these aggravating or mitigating factors in any order adopting
the sanctions to be imposed on the licensee.
(1) Current Licensees. The Board shall impose the following
disciplinary sanctions based upon convictions which occurred after
the Board issued a license.
Cont'd... |
