(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 §265.001(d)
[§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;
(6)has paid all application, examination and fees
required by law and Board rules and regulations; and
(7)has completed a course in human trafficking prevention
approved by the executive commissioner of the Texas Health and Human
Services Commission.
(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.]
(1)[(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.
(2)[(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.
(3)[(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.
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 December
9, 2022
TRD-202204906 Lauren Studdard
General Counsel
State Board of Dental Examiners
Earliest possible date of adoption: January 22, 2023
For further information, please call: (512) 305-8910
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