(a) Application.
(1) A holder of a valid and current Texas dental license
may apply to the Board to have the license placed on retired status.
(2) A licensee must apply to the Board for retired
status, on a form prescribed by the Board, before the expiration date
of the person's Texas license.
(3) The Board shall deny a request to place a license
on retired status if there are any current or pending complaints or
disciplinary actions against the license holder.
(b) Reinstatement. The Board may reinstate a retired
Texas dental license to active status, provided the license holder
submits an application for reinstatement on a form prescribed by the
Board, pays the appropriate fees due at the time application is made,
and meets the requirements of this subsection.
(1) A license holder who, at the time of application
for reinstatement, is practicing dentistry in another state, or territory
outside of the United States, or had practiced dentistry actively
within the two years immediately preceding the date of application,
shall provide:
(A) verification of licensure and disciplinary history
from all state board(s) of dentistry where the licensee has held a
license;
(B) proof of active practice within the two years preceding
the application;
(C) proof that the licensee has taken and passed the
Texas jurisprudence assessment administered by the Board or an entity
designated by the Board within one year immediately prior to application;
(D) proof of successful completion of a current course
in basic life support;
(E) proof of completion of 12 hours of continuing education,
taken within the 12 months preceding the date the application is received
by the Board. All hours shall be taken in accordance with the requirements
for continuing education as mandated by Chapter 104 of this title
(relating to Continuing Education); and
(F) proof of submission of fingerprints for the retrieval
of criminal history record information.
(2) A license holder who has not actively practiced
for at least two years immediately preceding the request for reinstatement
of a retired license shall provide:
(A) verification of licensure and disciplinary history
from all state board(s) of dentistry where the licensee has held a
license;
(B) proof that the licensee has taken and passed the
Texas jurisprudence assessment administered by the Board or an entity
designated by the Board within one year immediately prior to application;
(C) proof of successful completion of a current course
in basic life support;
(D) proof of completion of 24 hours of continuing education,
of which a minimum of 12 hours must be clinical (hands-on). All hours
must have been taken within the 12 months preceding the date the application
is received by the Board and shall be taken in accordance with the
requirements for continuing education as mandated by Chapter 104 of
this title; and
(E) proof of submission of fingerprints for the retrieval
of criminal history record information.
(3) A license holder who applies to reenter active
practice must comply with all other applicable provisions of the Dental
Practice Act and Board rules.
(4) A license holder who applies to reenter 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.
(5) The Board may, in its discretion as necessary to
safeguard public health and safety, require compliance with other
reasonable conditions in considering a request to reenter active practice.
(c) Practice in volunteer charity care.
(1) A dentist holding a retired status Texas dental
license under this section may practice dentistry if the practice
consists solely of volunteer charity care.
(A) For the purposes of this subsection, "volunteer
charity care" is defined as the direct provision of dental services
to indigent or critical need populations within the state of Texas,
without compensation.
(B) A dentist providing services under this subsection
may not receive any remuneration for such services.
(C) A dentist may not, without approval from Board
staff, provide services under this subsection if he or she was subject
to disciplinary action in any jurisdiction in the 3 years immediately
preceding the license's entry into retired status.
(2) Application process. A dentist must make written
request to the Board, on a form prescribed by the Board, prior to
offering services under this subsection.
(A) The report shall include a sworn affirmation by
the dentist that the dentist meets the qualifications of this subsection.
(B) Upon approval by Board staff, a letter of authorization
shall be issued to the dentist.
(i) The letter of authorization, unless revoked by
the Board, shall expire at the end of the calendar year in which it
was issued.
(ii) Provision of dental services after the expiration
of the letter of authorization shall constitute the practice of dentistry
without a license.
(iii) It shall be the responsibility of the dentist
to maintain current authorization to provide services under this subsection,
by making proper request as required by this subsection.
(3) Scope of practice.
(A) A dentist providing services under this subsection
may not prescribe or administer controlled substances under Drug Enforcement
Administration (DEA) Schedules I or II.
(B) A dentist providing services under this subsection
must post, or be able to produce on demand of a patient, a current
letter of authorization from the Board.
(4) A dentist practicing under this subsection must
complete 6 hours of the annual continuing education requirement for
licensees under Chapter 104 of this title.
(5) A dentist providing services under this subsection
shall execute a written agreement with the facility where services
are offered to retain right of access to all dental records resulting
from the provision of such services.
Source Note: The provisions of this §101.7 adopted to be effective February 23, 2006, 31 TexReg 1033; amended to be effective November 5, 2006, 31 TexReg 8832; amended to be effective October 7, 2009, 34 TexReg 6850; amended to be effective May 29, 2013, 38 TexReg 3344
