(a)The executive director of the Texas State Board
of Dental Examiners must authorize a qualified military service
member or military spouse to perform delegated permitted duties
as a dental assistant in Texas without obtaining a registration in
accordance with §55.0041(a), Texas Occupations Code. This authorization
to perform delegated permitted duties is valid during the time the
military service member or, with respect to a military spouse,
the military service member to whom the military spouse is married
is stationed at a military installation in Texas, but is not to exceed
three years.
(b)In order to receive authorization to perform delegated
permitted duties the military service member or military
spouse must:
(1)hold an active registration to perform delegated
permitted duties as a dental assistant in another state, territory,
Canadian province, or country that:
(A)has registration requirements that are determined
by the board to be substantially equivalent to the requirements for
registration in Texas; and
(B)is not subject to any restriction, disciplinary
order, probation, or investigation;
(2)notify the board of the military service member
or military spouse's intent to perform delegated permitted duties
in Texas on a form prescribed by the board; and
(3)submit proof of the military service member
or military spouse's residency in this state, a copy of the military
service member or military spouse's military identification
card, and proof of the military service member's status
as an active duty military service member as defined by §437.001(1),
Texas Government Code (relating to Definitions).
(c)While authorized to perform delegated permitted
duties as a dental assistant in Texas, the military service member
or military spouse shall comply with all other laws and regulations
applicable to the practice of dentistry in Texas.
(d)The board has 30 days from the date a military
service member or military spouse submits the information required
by subsection (b) of this section to: [Once the board receives
the form containing notice of a military spouse's intent to perform
delegated permitted duties in Texas, the board shall verify whether
the military spouse's dental assistant registration in another state,
territory, Canadian province, or country is active and in good standing.
Additionally, the board shall determine whether the registration requirements
in that jurisdiction are substantially equivalent to the requirements
for registration in Texas.]
(1)verify that the member or spouse
is active and in good standing in a jurisdiction that has registration
requirements that are substantially equivalent to the registration
requirements in Texas; and
(2)issue an authorization recognizing
the registration as the equivalent registration in this state.
(e)In the event of a divorce or similar
event that affects a person's status as a military spouse, the spouse
may continue to engage in the business or occupation under the authority
of this section until the third anniversary of the date the spouse
received the authorization described by subsection (d) of this section.
A similar event includes the death of the military service member
or the military service member's discharge from the military.
(f)This section establishes requirements
and procedures authorized or required by Texas Occupations Code, Chapter
55, and does not modify or alter rights that may be provided under
federal law.
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 March 8, 2024
TRD-202401072 Lauren Studdard
General Counsel
State Board of Dental Examiners
Earliest possible date of adoption: April 21, 2024
For further information, please call: (512) 305-8910
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