| (A) Conviction for Offense Relating to the Regulation
of Dentists, Dental Hygienists or Dental Assistants. Pursuant to Texas
Occupations Code §263.002(a)(10), the Board shall take disciplinary
action for convictions related to the practice of dentistry. The Board
has determined that violations of law relating to the practice of
dentistry and dental hygiene are directly related to patient safety
and care, and holding a license allows for the opportunity to engage
in further criminal activity causing harm to the public. As a result,
the Board shall impose a five-year probated suspension for a final
conviction for an offense relating to the regulation of dentists,
dental hygienists or dental assistants.
(B) Conviction of Misdemeanor Involving Fraud. Pursuant
to Texas Occupations Code §263.002(a)(2), the Board shall take
disciplinary action for misdemeanor convictions involving fraud. The
Board has determined that holding a license allows access to sensitive
patient records and information, which requires the licensee to demonstrate
the ability and capacity required to perform the duties and discharge
the responsibilities of a licensee acting in the best interests of
the public. As a result, the Board shall impose a one-year probated
suspension for a final conviction of a misdemeanor under Chapter 32
of the Texas Penal Code, or an equivalent section of federal law or
the law of any state, district, or territory of the United States.
(C) Offenses under the Texas Controlled Substances
Act, Texas Dangerous Drugs Act and Related Offenses. The Board has
determined that holding a license allows access to controlled substances,
dangerous drugs and other substances that represent the potential
for abuse and drug diversion, which requires the licensee to demonstrate
the ability and capacity required to perform the duties and discharge
the responsibilities of a licensee acting in the best interests of
the public. As a result, the Board shall impose a one-year probated
suspension on a current licensee who receives a Class A misdemeanor
final conviction under Chapter 481, 483, or 485, Texas Health and
Safety Code. The Board may impose a Reprimand for a Class B misdemeanor
final conviction pursuant to subsection (e)(1)(D) of this section.
(D) Other Class A and B Misdemeanor Offenses. The Board
shall not automatically impose a disciplinary sanction, but may impose
a disciplinary sanction after weighing the considerations required
by Texas Occupations Code Chapters 53 and 263, and as listed in subsections
(g) - (i) of this section.
(2) License Applicants. The Board shall impose the
following disciplinary sanctions based upon convictions that occurred
prior to the submission of an application for a license.
(A) Felony Convictions. The Board has determined that
holding a license allows access to confidential patient records and
information, controlled substances and dangerous drugs, and patients
in sensitive and compromised physical conditions, which requires the
applicant to demonstrate the ability and capacity required to perform
the duties and discharge the responsibilities of a licensee acting
in the best interests of the public. Pursuant to Texas Occupations
Code §263.001(a)(5), the Board shall deny an applicant who received
a final felony conviction under federal law or the law of any state,
district, or territory of the United States that is still pending
final disposition. The Board shall impose a five-year probated suspension
on an applicant with a final conviction for a felony that is less
than five years from the date of final disposition. From five to ten
years after the date of final disposition, the Board shall impose
a one-year probated suspension. After ten years from the date of final
disposition, the Board shall take no action.
(B) Conviction for Offense Relating to the Regulation
of Dentists, Dental Hygienists or Dental Assistants. The Board has
determined that violations of Texas law relating to the practice of
dentistry are directly related to patient safety and care, and holding
a license allows for the opportunity to engage in further criminal
activity causing harm to the public. Pursuant to Texas Occupations
Code §263.001(a)(4) and (a)(6), the Board shall deny an applicant
who received a final conviction for an offense relating to the regulation
of dentists, dental hygienists or dental assistants within the twelve
months preceding the date the applicant filed an application for a
license. The Board shall impose a five-year probated suspension on
an applicant who received a final conviction for an offense relating
to the regulation of dentists, dental hygienists or dental assistants
that is still pending final disposition, but which occurred prior
to the twelve months preceding the date the applicant filed an application
for a license. The Board shall impose a one-year probated suspension
on an applicant with a final conviction for an offense relating to
the regulation of dentists, dental hygienists or dental assistants
that is less than five years from the date of final disposition. After
five years from the date of final disposition, the Board shall take
no action.
(C) Mandatory Registration as Sex Offender. The Board
has determined that holding a license allows access to controlled
substances and dangerous drugs, and patients in sensitive and compromised
physical conditions, including minor patients and patients with mental
and physical disabilities, which requires the ability and capacity
required to perform the duties and discharge the responsibilities
of a licensee acting in the best interests of the public. As a result,
if the applicant is not subject to Texas Occupations Code §108.052,
the Board shall deny an applicant who received a final conviction
requiring the applicant register as a sex offender under Chapter 62,
Texas Code of Criminal Procedure.
(D) Assaultive Offenses. The Board has determined that
holding a license allows access to patients in sensitive and compromised
physical conditions, which requires the applicant to demonstrate the
ability and capacity required to perform the duties and discharge
the responsibilities of a licensee acting in the best interests of
the public. As a result, if the applicant is not subject to Texas
Occupations Code §108.052, the Board shall deny an applicant
who received a misdemeanor final conviction under Chapter 22 of the
Texas Penal Code, other than a misdemeanor punishable by fine only,
within the twelve months preceding the date the applicant filed an
application for a license. The Board shall impose a five-year probated
suspension on an applicant who received a final conviction for an
assaultive offense, other than a misdemeanor punishable by fine only,
that is less than five years from the date of final disposition. After
five years from the date of final disposition, the Board shall take
no action.
(E) Violation of Certain Court Orders, Protective Orders,
or Conditions of Bond. The Board has determined that holding a license
allows access to confidential patient records and information, and
patients in sensitive and compromised physical conditions, which requires
the applicant to demonstrate the ability and capacity required to
perform the duties and discharge the responsibilities of a licensee
acting in the best interests of the public. As a result, the Board
shall deny an applicant who received a Class A or Class B misdemeanor
final conviction under Section 25.07 or Section 25.071 of the Texas
Penal Code, within the twelve months preceding the date the applicant
filed an application for a license. The Board shall impose a five-year
probated suspension on an applicant who received a final conviction
under Section 25.07 or Section 25.071 of the Texas Penal Code that
is less than five years from the date of final disposition. After
five years from the date of final disposition, the Board shall take
no action.
(F) Offenses under the Texas Controlled Substances
Act, Texas Dangerous Drugs Act and Related Offenses. The Board has
determined that holding a license allows access to confidential patient
records and information, controlled substances, and dangerous drugs,
which requires the applicant to demonstrate the ability and capacity
required to perform the duties and discharge the responsibilities
of a licensee acting in the best interests of the public. As a result,
the Board shall impose a one-year probated suspension on an applicant
who received a Class A misdemeanor final conviction under Chapter
481, 483, or 485, Texas Health and Safety Code that is less than five
years from the date of final disposition. The Board may impose a Reprimand
for a Class B misdemeanor final conviction that is less than five
years from the date of final disposition, pursuant to subsection (e)(2)(G)
of this section. After five years from the date of final disposition,
the Board shall take no action.
(G) Other Class A and B Misdemeanor Offenses. The Board
shall not automatically impose a disciplinary sanction, but may impose
a disciplinary sanction after weighing the considerations required
by Texas Occupations Code Chapters 53 and 263, and as listed in subsections
(g) - (i) of this section.
Cont'd... |
