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(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 successfully completed a current course in basic life support; (4)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 (5)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 to any individual who does not meet the requirements of subsection (c)(2) of this section, who has a pending criminal case, or who has been convicted or received a deferred adjudication in accordance with §101.8 of this title. Alternatively, the Board may choose to issue a conditional registration or certificate to the individual in accordance with this subsection. (1)At the time the registration or certificate is issued, the individual may be required to enter into an agreed settlement order with the Board. (2)With respect to any individual who does not meet the requirements of subsection (c)(2) of this section, or who has a pending criminal case or who has been convicted or received a deferred adjudication in accordance with §101.8 of this title, the Board may consider conditional registration or certification of the individual when such registration or certification is not prohibited by law. The Board shall consider the following factors: (A)the nature and seriousness of the crime; (B)the relationship of the crime to the purposes for requiring a registration/certification to engage in the occupation; (C)the extent to which a registration/certification might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; (D)the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the registered occupation; (E)the extent and nature of the person's past criminal activity; (F)the age of the person when the crime was committed; (G)the amount of time that has elapsed since the person's last criminal activity; (H)the conduct and work activity of the person before and after the criminal activity; (I)evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; and (J)other evidence of the person's fitness, including letters of recommendation from: (i)prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; (ii)the sheriff or chief of police in the community where the person resides; and (iii)any other person in contact with the convicted person. (3)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. (4)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. (5)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. (6)Should the individual violate the terms of his or her conditional registration or certificate, the Board may take additional disciplinary action against the individual. (g)An applicant whose application is denied by the Board may appeal the decision to the State Office of Administrative Hearings. (h)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.
This agency
hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office
of the Secretary of State on December 2, 2010
TRD-201006851 Sherri Sanders Meek
Executive Director
State Board of Dental Examiners
Effective date: December 22, 2010
Proposal publication date: September 10, 2010
For further information, please call: (512) 463-6400
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