Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 101DENTAL LICENSURE
RULE §101.6Dental Licensing for Military Service Members, Military Veterans, and Military Spouses
ISSUE 05/17/2024
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Definitions.

  (1)"Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by §471.001, Government Code, or similar military service of another state.

  (2)"Armed forces of the United States" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.

  (3)"Military service member" means a person who is on active duty.

  (4)"Military spouse" means a person who is married to a military service member.

  (5)"Military veteran" means a person who has served on active duty and who was discharged or released from active duty.

(b)A licensee is exempt from any penalty or increased fee imposed by the Board for failing to renew the license in a timely manner if the individual establishes to the satisfaction of Board staff that the individual failed to renew the license in a timely manner because the individual was serving as a military service member.

(c)A licensee who is a military service member is entitled to two years of additional time to complete:

  (1)any continuing education requirements; and

  (2)any other requirement related to the renewal of the military service member's license.

(d)Alternative Licensing.

  (1)A military service member, military veteran, or military spouse applicant may demonstrate competency by alternative methods in order to meet the requirements for obtaining a dental license issued by the Board if the applicant:

    (A)holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the licensing requirements in this state; or

    (B)within the five years preceding the application date held the license in this state.

  (2)For purposes of this section, the standard method of demonstrating competency is the specific examination, education, and or/experience required to obtain a dental license. In lieu of the standard method(s) of demonstrating competency for a dental license and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Board:

    (A)education;

    (B)continuing education;

    (C)examinations (written and/or practical);

    (D)letters of good standing;

    (E)letters of recommendation;

    (F)work experience; or

    (G)other methods required by the Executive Director.

  (3)The executive director may waive any prerequisite to obtaining a license for an applicant described in paragraph (1) of this subsection after reviewing the applicant's credentials.

(e)The Board shall give credit to an applicant who is a military service member or military veteran for any verified military service, training, or education toward the licensing requirements, other than an examination requirement, including, but not limited to, education, training, certification, or a course in basic life support. The Board may not give credit if the applicant holds a restricted license issued by another jurisdiction or has an unacceptable criminal history according to Texas Occupations Code, Chapter 53 (relating to Consequences of Criminal Conviction) or §101.8 of this title (relating to Persons with Criminal Backgrounds).

(f)The Board has 30 days from the date a military service member, military veteran, or military spouse submits an application for alternative licensing to process the application and issue a license to an applicant who qualifies for the license.

(g)All applicants shall submit an application and proof of any relevant requirements on a form and in a manner prescribed by the Board.

(h)All applicants shall submit fingerprints for the retrieval of criminal history record information.

(i)All fees associated with a license application shall be waived for an applicant who is:

  (1)a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or

  (2)a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for licensure in this state.

(j)Licenses granted under this chapter have the terms established by §101.5 of this title (related to Staggered Dental Registrations), or a term of 12 months from the date the license is issued, whichever term is longer. The Board shall notify the licensee in writing or by electronic means of the requirements for renewal.

(k)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-202401988

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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