1. (a) The purpose of this rule is to comply with the requirements of the Texas Occupations Code, Section 53.025.
2. (b) The State Board of Dental Examiners (SBDE) 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. Such 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, Section 53.022 (Vernon 2000).

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) murder;
   5. (5) burglary;
   6. (6) robbery;
   7. (7) rape;
   8. (8) felony theft;
   9. (9) child molestation; and
   10. (10) felony driving while intoxicated.
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, Section 53.023 (Vernon 2000).
7. (g) It shall be the responsibility of the applicant to secure and provide to the board the recommendations regarding all offenses from the prosecution, law enforcement, and correctional authorities who prosecuted, arrested or had custodial responsibility for the applicant. Failure to provide such recommendation is justification to refuse licensing or imposition of sanction unless the applicant shows good cause for such failure.
8. (h) The applicant 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 he or she 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.