1. (a) The purpose of this section is to comply with the requirements of the Texas Occupations Code, §53.025.
2. (b) The State Board of Dental Examiners (Board) may revoke or suspend an existing license, or deny application for licensure because of a person's conviction under state or federal law of a felony or misdemeanor that directly relates to the duties and responsibilities of the profession for which the person seeks licensure.
3. (c) No person currently serving in prison for conviction of a felony under any state or federal law is eligible to obtain a license to practice dentistry or dental hygiene. The felony conviction of a person holding a license to practice dentistry or dental hygiene shall be cause for initiation of disciplinary procedures against such person.
4. (d) In determining whether a criminal conviction directly relates to the practice of dentistry or dental hygiene, the Board shall consider the factors listed in Texas Occupation Code, §53.022.

5. (e) Those crimes which the board considers to be of such serious nature that they relate to fitness to practice a profession, or as directly related to the practice of dentistry or dental hygiene include, but are not limited to:

   1. (1) any felony of which fraud, dishonesty, or deceit is an essential element;
   2. (2) any criminal violation of the Dental Practice Act or other statutes regulating or pertaining to the professions of dentistry or dental hygiene;
   3. (3) any criminal violation of statutes regulating other professions in the healing arts;
   4. (4) homicide;
   5. (5) burglary;
   6. (6) robbery;
   7. (7) sexual assault;
   8. (8) felony theft;
   9. (9) any sexual offense against a child;
   10. (10) felony driving while intoxicated; and,
   11. (11) any felony subjecting a defendant to the sex offender registration requirements under Chapter 62 of the Code of Criminal Procedure.
6. (f) The Board may consider a person's present fitness for licensure in determining whether a person's conviction of a crime is cause for denial of an application or for disciplinary procedures. In determining a person's present fitness for licensure, the Board shall consider the factors listed in Texas Occupations Code, §53.023.
7. (g) It shall be the responsibility of the applicant or licensee to secure and provide to the board the recommendations from the prosecution, law enforcement, and correctional authorities that prosecuted, arrested or had custodial responsibility for the applicant or licensee in connection with each and every offense. Failure to provide such recommendations in their entirety is justification to refuse licensing or impose sanctions unless the applicant or licensee shows good cause for such failure.
8. (h) The applicant or licensee shall also furnish proof in such form as may be required by the board that he or she has maintained a record of steady employment, has supported his or her dependents, has otherwise maintained a record of good conduct, and has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which the applicant or licensee has been convicted.

Source Note:The provisions of this §101.8 adopted to be effective October 20, 1997, 22 TexReg 10131; amended to be effective April 17, 2001, 26 TexReg 2833; amended to be effective May 10, 2004, 29 TexReg 4473.