1. (a) Mandatory Suspension. The board shall suspend a license 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 §25.07, Penal Code; or
      5. (E) a misdemeanor under §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) §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 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; 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 Application.

   1. (1) The board may revoke or suspend an existing license because of a person's conviction under state or federal law of a misdemeanor that directly relates to the practice of dentistry or dental hygiene.
   2. (2) The board may 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 practice of dentistry or dental hygiene.
   3. (3) In determining whether a criminal conviction directly relates to the practice of dentistry or dental hygiene, the board shall consider the factors listed in Occupation Code, §53.022.

   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 or dental hygiene, 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 or dental hygiene;
      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 of the Code of Criminal Procedure.

4. (d) Process for consideration. 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 Occupations Code, §53.023.

   1. (1) 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.
   2. (2) 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.
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.

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.