EMERGENCY 
 RULES 
 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the  Texas Register, or on a stated date less than 
20 days after filing and remaining in effect no more than 120 days. The 
emergency action is renewable once for no more than 60 additional days. 
  Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of  bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 22. EXAMINING BOARDS 
 Part V. State Board of Dental Examiners 
  Chapter 103. Dental Hygiene Licensure 
  
  Qualifications of Applicants 
 
  22 TAC sec.103.2 
 
  The State Board of Dental Examiners adopts on an emergency basis new 
sec.103.2, concerning procedures whereby dental hygienists practicing in other 
states, territories, and the District of Columbia may obtain a dental 
hygienist's license based on credentials from those jurisdictions. 
 This rule is adopted on an emergency basis to comply with statutory 
requirements of the Dental Practice Act for hygienists to be able to become 
licensed by credentials. The Board has determined there is an imminent peril to 
the public health and safety in that there is an unfulfilled demand for dental 
hygienists. There is an immediate need for additional qualified hygienists to 
perform dental hygiene work for dentists to assure quality services are 
available to the public and to provide dentists the dental hygiene support 
necessary for them to comply with the Dental Practice Act. 
 The new rule is adopted on an emergency basis under Texas Government Code, 
sec.2001.034; Texas Civil Statutes, Article 4551d(a), which provides the State 
Board of Dental Examiners with the authority to adopt and promulgate rules and 
regulations necessary to assure compliance with law related to the practice of 
dentistry; and Article 4545a, sec.1, which provides for licensing of dental 
hygienists by credentials. 
 
 
  sec.103.2. Licensure by Credentials-Dental Hygienist.  The State Board of 
Dental Examiners will license dental hygiene applicants by credentials upon 
payment of a fee, in an amount set by the Board, who meet all SBDE and State of 
Texas minimum applicant requirements, general licensure qualifications, and all 
of the following criteria: 
 
  (1) Has graduated from a dental hygiene school accredited by the Commission on 
Dental Accreditation of the American Dental Association. 
   
  (2) Is currently licensed in good standing in another state, the District of 
Columbia, or territory of the United States that has licensing requirements that 
are substantially equivalent to the requirements of the Texas Dental Practice 
Act. 
   
  (3) Has practiced dental hygiene: 
 
  (A) For a minimum of five years immediately prior to applying. 
 
  (i) The term immediately means: 
 
  (I) For applications received by the SBDE between February 6, 1995, and 
October 31, 1995, all or part of the period of time between June 1, 1994, and 
October 31, 1995. 
   
  (II) For applications received by the SBDE after October 31, 1995, a period of 
time up to 120 days in length. 
     
  (ii)  An applicant has practiced dental hygiene for five years if he or she 
has been actively engaged in practice for at least 26 weeks in each of the past 
five years. 
     
  (B) As a dental educator for a minimum of five years; or 
   
  (C) for two years of obligated service in the state under the National Health 
Service Corps or other federal scholarship or loan repayment program. 
     
  (4) Is endorsed by the state board of dentistry of the jurisdiction of current 
practice. Such endorsement is established by providing a copy under seal of the 
jurisdictional entity of the current dental hygienist's license and by a 
certified statement that he/she has current good standing in said jurisdiction. 
   
  (5) Has not been the subject of final or pending disciplinary action in any 
jurisdiction in which he/she is or has been licensed. 
   
  (6) Has successfully completed the SBDE's jurisprudence examination. 
   
  (7) Has passed a national written examination relating to dental hygiene as 
certified by the Joint Commission on National Dental Examinations or other 
examination approved by the SBDE. 
   
  (8) Is reputable, as demonstrated by at least two letters of character 
reference which have been notarized. 
   
  (9) Each candidate for licensure by credentials must submit to the credentials 
review committee of the Board the above required documents and information, and 
other documents or information that may be requested, to enable the committee to 
appropriately evaluate an application and make a recommendation to the Board for 
action on the application. 
   
  (10) Each applicant must show proof of current CPR certification as required 
by the Texas Dental Practice Act, Article 4545a, sec.1(a)(6). 
       
  Issued in Austin, Texas, on October 2, 1995. 
 TRD-9512539 
  Douglas A. Beran, Ph.D. 
 Executive Director 
 State Board of Dental Examiners 
    Effective date: October 2, 1995 
 Expiration date: January 30, 1996 
 For further information, please call: (512) 463-6400 
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