22 Tex. Admin. Code § 101.7 - Retired License Status
(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.
Notes
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