1. (a) Mandatory Suspension. The Board shall suspend a license/registration on proof that the person has been:

   1. (1) initially convicted of:

      1. (A) a felony;
      2. (B) a misdemeanor under Chapter 22, Penal Code, other than a misdemeanor punishable by fine only;
      3. (C) a misdemeanor on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;
      4. (D) a misdemeanor under Section 25.07, Penal Code; or
      5. (E) a misdemeanor under Section 25.071, Penal Code; or

   2. (2) subject to an initial finding of guilt by a trier of fact of a felony under:

      1. (A) Chapter 481 or 483, Health and Safety Code;
      2. (B) Section 485.033, Health and Safety Code; or
      3. (C) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. §801 et seq.).

2. (b) Mandatory Revocation. The Board shall revoke the license/registration of a person:

   1. (1) on final conviction of a person for an offense described under subsection (a) of this section, the Board shall revoke the person's license/registration; or
   2. (2) upon the incarceration of a person pursuant to a conviction of a felony under any state or federal law.

3. (c) Discretionary Revocation, Suspension, or Denial of License/Registration Application.

   1. (1) The Board may revoke or suspend an existing license/registration because of:

      1. (A) a licensee/registrant's conviction under state or federal law for an offense that directly relates to the practice of dentistry, dental hygiene, or dental assisting;
      2. (B) a licensee/registrant's conviction under state or federal law of an offense listed in §3g, Article 42.12, Code of Criminal Procedure; or
      3. (C) a licensee/registrant's conviction under state or federal law for a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.

   2. (2) The Board may deny application for licensure/registration because of:

      1. (A) a person's conviction under state or federal law for an offense that directly relates to the practice of dentistry, dental hygiene, or dental assisting;
      2. (B) a person's conviction under state or federal law for an offense that does not directly relate to the duties and responsibilities of the practice of dentistry, dental hygiene, or dental assisting and that was committed less than five years before the date the person applies for the license/registration;
      3. (C) a person's conviction under state or federal law for an offense listed in §3g, Article 42.12, Code of Criminal Procedure;
      4. (D) a person's conviction under state or federal law for a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure;
      5. (E) the person presents to the Board fraudulent or false evidence of the person's qualification for license/registration;
      6. (F) the person is guilty of any illegality, fraud, or deception during the process to secure a license/registration;
      7. (G) the person is habitually intoxicated or is addicted to drugs;
      8. (H) the person commits a dishonest or illegal practice in or connected to dentistry, dental hygiene, or dental assisting;
      9. (I) the person is convicted of a felony under a federal law or law of this state; or
      10. (J) the person is found to have violated a law of this state relating to the practice of dentistry, dental hygiene, or dental assisting within the twelve (12) months preceding the date the person filed an application for a license/registration.
   3. (3) In determining whether a criminal conviction directly relates to the practice of dentistry, dental hygiene, or dental assisting, the Board shall consider the factors listed in §53.022, Occupations Code.

   4. (4) Those crimes that 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, dental hygiene, or dental assisting, include, but are not limited to:

      1. (A) any felony of which fraud, dishonesty, or deceit is an essential element;
      2. (B) any criminal violation of the Dental Practice Act or other statutes regulating or pertaining to the professions of dentistry, dental hygiene, or dental assisting;
      3. (C) any criminal violation of statutes regulating other professions in the healing arts;
      4. (D) homicide;
      5. (E) burglary;
      6. (F) robbery;
      7. (G) sexual assault;
      8. (H) felony theft;
      9. (I) any sexual offense against a child;
      10. (J) felony driving while intoxicated; and
      11. (K) any felony subjecting a defendant to the sex offender registration requirements under Chapter 62, Code of Criminal Procedure.

   5. (5) For purposes of this section, the Board may consider a person to have been "convicted of an offense" regardless of whether the proceedings were dismissed as a part of a deferred adjudication agreement with the court if, after consideration of the factors described by §53.022 and §53.023(a), Occupations Code, the Board determines that:

      1. (A) the person may pose a continued threat to public safety; or
      2. (B) employment of the person in the practice of dentistry, dental hygiene, or dental assisting would create a situation in which the person has an opportunity to repeat the prohibited conduct.

4. (d) Process for consideration. The Board may consider a person's present fitness for licensure/registration 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/registration, the Board shall consider the factors listed in §53.023, Occupations Code.

   1. (1) It shall be the responsibility of the applicant or licensee/registrant 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/registrant in connection with each and every offense. Failure to provide such recommendations in their entirety is justification to refuse licensing/registration or impose sanctions unless the applicant or licensee/registrant shows good cause for such failure.
   2. (2) The applicant or licensee/registrant 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/registrant has been convicted.
5. (e) 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 or registration to practice as a registered dental assistant.
6. (f) The Board may not reinstate or reissue a license/registration suspended or revoked under subsections (a) or (b) of this section, unless an express determination is made that the reinstatement or reissuance of the license/registration is in the best interests of the public and the person whose license/registration was suspended or revoked.

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; amended to be effective November 27, 2005, 30 TexReg 7741; amended to be effective May 19, 2010, 35 TexReg 3814; amended to be effective December 22, 2010, 35 TexReg 11253.