1. (a) The State Board of Dental Examiners hereby finds that Hurricane Katrina has created an emergency disaster and emergency conditions for people in Texas, constituting an imminent peril to the public health, safety, and welfare, as set out in the proclamation of the governor dated September 1, 2005. Accordingly, the Board promulgates this rule for the emergency provisional licensure of dentists. This section shall become effective after fulfillment of all Texas Register requirements and upon the expiration of the emergency rule, §101.6, entitled "Emergency Provisional Licensure for Dentists Displaced by Hurricane Katrina," which became effective September 12, 2005.

2. (b) Qualifying requirements. An individual may qualify for an emergency provisional license if the individual:

   1. (1) Is a graduate of a CODA-accredited school of dentistry in the United States, Canada, or Puerto Rico;
   2. (2) Is currently licensed in good standing in Louisiana and/or Mississippi as a dentist, with no history of disciplinary action against any license ever held in any jurisdiction;
   3. (3) Has, as a result of Hurricane Katrina, lost the ability to continue to practice in Louisiana or Mississippi; and,
   4. (4) Submits a complete application and applicable fees to the SBDE.

3. (c) Application requirements.

   1. (1) In order to be considered for approval, an application for an emergency provisional license under this section must contain the following items:

      1. (A) A complete, signed, and notarized Application for Emergency Provisional License;
      2. (B) Application fee of $50, payable by check or money order made payable to the State Board of Dental Examiners;
      3. (C) Copy of official birth certificate, passport, or naturalization papers, if available;
      4. (D) Proof of graduation from an accredited school of dentistry, if available;
      5. (E) Proof of successful completion of National Board examinations, Parts I & II, if available;
      6. (F) Proof of successful completion of a clinical examination, if available; and,
      7. (G) Verification of licensure for each state in which licensure has been issued. Copies of licenses are acceptable, if available.
   2. (2) If any of these documents are not available, the SBDE, in its sole discretion, will use other methods to verify the information on the application.
   3. (3) The SBDE will conduct a criminal background check in addition to verifying professional education and licensure.
   4. (4) An emergency provisional license may be immediately suspended or revoked upon discovery of any falsification, omission, or withholding of information.
   5. (5) Applications must be delivered to the office of the State Board of Dental Examiners.
   6. (6) An application for emergency provisional licensure is filed with the Board when it is actually received, date-stamped, and logged-in by the Board along with all required documentation and fees. An incomplete application for licensure and fee will be returned to the applicant within three working days with an explanation of additional documentation or information needed.

4. (d) Duration and expiration.

   1. (1) Emergency provisional license applications must be received on or before January 1, 2006.
   2. (2) An applicant may not begin to engage in any acts defined as the practice of dentistry until the emergency provisional license has been issued by the Board.
   3. (3) All emergency provisional licenses shall expire on January 31, 2006, unless renewed.
   4. (4) An individual holding an emergency provisional license may apply for a one-time renewal of the license, to extend it through July 31, 2006.
   5. (5) Approximately 30 days prior to the January 31, 2006, a license renewal notice will be mailed to all emergency provisional licensees.
   6. (6) An individual wishing to practice beyond the expiration of an emergency provisional license must apply for and obtain a Texas dental license by either examination or credentials.
5. (e) A copy of the Texas Dental Practice Act and SBDE rules shall be provided to each applicant receiving an emergency provisional license.

6. (f) Practice under emergency provisional license.

   1. (1) Emergency provisional license certificates must be displayed in accordance with §108.11 of this title.
   2. (2) An emergency provisional licensee must obtain a signed, written consent from each patient prior to treatment that informs the patient that the licensee is providing services under the authority of a provisional license, and that all such licenses will expire no later than July 31, 2006.
7. (g) The provisions of this section shall expire on August 1, 2006.

Source Note:The provisions of this §101.6 adopted to be effective March 11, 2006, 31 TexReg 1033.