(a)The executive director of the Texas State Board
of Dental Examiners must authorize a qualified military service
member or military spouse to practice as a dental hygienist [
dentistry] in Texas without obtaining a license in accordance
with §55.0041(a), Texas Occupations Code. This authorization
to practice 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 practice the
military service member or military spouse must:
(1)hold an active dental hygienist license in another
state, territory, Canadian province, or country that:
(A)has licensing requirements that are determined
by the board to be substantially equivalent to the requirements for
licensure [certification] 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 practice 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). To establish residency,
the military service member or military spouse must submit:
(A)a copy of the permanent change of station order
for the military service member or military service member to
whom the military spouse is married;
(B)a Texas address; and
(C)the name and address of the Texas military installation.
(c)While authorized to practice as a dental hygienist
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 practice
in Texas, the board will verify whether the military spouse's dental
license in another state, territory, Canadian province, or country
is active and in good standing. Additionally, the board will determine
whether the licensing requirements in that jurisdiction are substantially
equivalent to the requirements for licensure in Texas.]
(1)verify that the member or spouse
is active and in good standing in a jurisdiction that has licensing
requirements that are substantially equivalent to the requirements
for licensure in Texas; and
(2)issue an authorization recognizing
the licensure as the equivalent license 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-202401071 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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