(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 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 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:
(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 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-202401990 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
|