Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 108.
PROFESSIONAL CONDUCT
Subchapter A. PROFESSIONAL RESPONSIBILITY
22 TAC §108.10
The State Board of Dental Examiners proposes amendments to §108.10,
concerning educational or other requirement that set forth criteria by which
a license holder who placed their license in a retired status may re-enter
active practice.
Changes proposed at subsection (a) provide reinstatement requirements for
dentists or dental hygienists reinstating a retired license. These provisions
specify requirements for those applicants who have been engaged in active
practice in another state or jurisdiction and for those applicants who have
not been practicing prior to the reinstatement request.
Changes proposed to new subsection (b) will require applicants to comply
with all applicable provisions of the Dental Practice Act and Rules and Regulations
of the board.
Changes proposed to new subsection (c) will require applicants who may
have been under a board order at the time of the license retirement to comply
with all conditions set forth in any board order that may have been in effect.
Proposed new subsections (d) and (e) replace former subsections (b) and
(c).
Bobby Schmidt, Executive Director, State Board of Dental Examiners, has
determined for the first five year period the amended rule is in effect there
will be no fiscal implications for local or state government as a result of
enforcing or administering the rule.
Mr. Schmidt has determined that for each year of the first five years the
amended rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be newly established procedures allowing a license holder to
re-enter active practice.
It is unknown if there will be any fiscal implications for small businesses.
Should such costs be incurred, they will not be of such magnitude to impact
the economic viability of a small business. Therefore the SBDE has determined
that compliance with the proposed amended rule will not have an adverse economic
impact on small business when compared to large businesses, as the cost of
compliance, if any, will be minimal.
Comments on the proposal may be submitted to Mr. Schmidt, State Board of
Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701,
(512-463-6400). To be considered, all written comments must be received by
the State Board of Dental Examiners no later than 30 days from the date that
this amended rule is published in the
Texas Register
.
The amended rule is proposed under Texas Government Code §2001.021
et seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and enforce
rules necessary for it to perform its duties, and §256.102 which provides
that the SBDE shall adopt rules concerning retired status of license holders.
The proposed amended rule does not affect other statutes, articles, or
codes.
§108.10. Reinstatement of Retired License [
(a)
The State Board of Dental Examiners may reinstate
a retired dental or dental hygiene license to active status provided the license
holder submits a written request for reinstatement, pays the appropriate fees
due at the time the request is made and meets the following criteria:
[
(1)
A license holder currently
practicing in another state, or territory outside of the United States, shall
provide:
(A)
verification of licensure and disciplinary history
from all state board(s) of dentistry where licensee has held a license;
(B)
proof of current active practice;
(C)
proof that licensee has taken and passed the
Texas jurisprudence examination;
(D)
proof of current basic CPR certification; and
(E)
proof of completion of twelve hours of continuing
education, pursuant to Rule 104.1 (of this title relating to Requirement),
taken within the last twelve months.
(2)
A license holder who has not
actively practiced for at least two years immediately preceding the request
to reinstate his/her license shall provide:
(A)
verification of licensure and disciplinary history
from all state board(s) of dentistry where licensee has held a license;
(B)
proof that licensee has taken and passed the
Texas jurisprudence examination;
(C)
proof of current basic CPR certification; and
(D)
proof of completion of twenty-four hours of
continuing education, pursuant to Rule 104.1 (of this title relating to Requirement),
taken within the last twelve months of which a minimum of twelve hours must
be hands-on.
(b)
A license holder who applies
to re-enter active practice must comply with all other applicable provisions
of the Dental Practice Act and Rules of the Board.
(c)
A license holder who applies
to re-enter active practice must have been in compliance or satisfied all
conditions of any Board order that may have been in effect at the time retired
status was granted.
(d)
[
(e)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 22, 2003.
TRD-200300379
Bobby Schmidt
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 463-6400
Chapter 513.
REGISTRATION
Subchapter B. REGISTRATION OF CPA FIRMS
Educational or Other Requirement ].
The Board may require continuing or remedial education courses of a retired
dentist who has applied to the Board to reinstate the dental license to active
status to re-enter active practice. A dentist who applies to re-enter active
practice must comply with all other applicable provisions of the Dental Practice
Act and Rules of the Board. Further, at the time retired status was granted,
the dentist must have been in compliance or satisfied all conditions of any
Board order that may have been in effect.
]
(b)
] In keeping with public health
and safety, the Board may, in its discretion, require compliance with other
reasonable conditions in considering a request to re-enter active practice.
(c)
] The Board may charge a reasonable
administrative fee
of $50.00
for a request to re-enter active practice
[
and shall annually review such fee to determine whether it is adequate
or in excess of actual costs
].
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY