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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 §265.001(d)
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.
(1)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)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)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 adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on February 24, 2023
TRD-202300862 Lauren Studdard
General
Counsel
State Board of Dental Examiners
Effective date: March 16, 2023
Proposal publication date: December 23, 2022
For further information, please call: (512) 305-8910
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