(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:
(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 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 May 3, 2024
TRD-202401991 Lauren
Studdard
General Counsel
State Board of Dental Examiners
Effective date: May 23, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 305-8910
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