1. (a) The purpose of this section is to establish guidelines and criteria for the disciplinary actions to be taken by the Board against applicants, licensees or registrants with criminal backgrounds.

2. (b) The Board shall suspend a license or registration upon an initial conviction and revoke upon a final conviction for:

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

3. (c) The Board shall suspend a license or registration upon an initial finding of guilt by a trier of fact and revoke upon a final conviction for a felony under:

   1. (1) Chapter 481 or 483, Health and Safety Code;
   2. (2) Section 485.033, Health and Safety Code; or
   3. (3) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. §801 et seq.).
4. (d) The Board may not reinstate or reissue a license or registration suspended or revoked under subsection (b) or (c) of this section, unless an express determination is made that the reinstatement or reissuance of the license or registration is in the best interests of the public and the person whose license or registration was suspended or revoked.
5. (e) The Board shall revoke a license or registration upon the imprisonment of the licensee or registrant following a felony conviction or deferred adjudication, or revocation of felony community supervision, parole or mandatory supervision.

6. (f) The Board may impose any authorized disciplinary action on an applicant, licensee or registrant because of a person's conviction of a crime that:

   1. (1) serves as a ground for discipline under the Act;
   2. (2) directly relates to the duties and responsibilities of a licensee or registrant;
   3. (3) does not directly relate to the duties and responsibilities of a licensee or registrant and that was committed within the previous five years;
   4. (4) is listed in Section 3g, Article 42.12, Code of Criminal Procedure; or
   5. (5) is a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.

7. (g) The crimes listed in paragraphs (1) - (8) of this subsection are directly related to the duties and responsibilities of a licensee or registrant because, as established by the Legislature in the Dental Practice Act, the offenses are of a serious nature; have a relationship to the purposes for requiring a license; may offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; or have a relationship to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensee or registrant:

   1. (1) a felony offense;
   2. (2) a misdemeanor offense involving fraud;
   3. (3) an offense relating to the regulation of dentists, dental hygienists or dental assistants;
   4. (4) an offense relating to the regulation of a plan to provide, arrange for, or reimburse any part of the cost of dental care services or the regulation of the business of insurance;
   5. (5) a misdemeanor under Chapter 22, Penal Code, other than a misdemeanor punishable by fine only;
   6. (6) a misdemeanor under Section 25.07, Penal Code;
   7. (7) a misdemeanor under Section 25.071, Penal Code; and
   8. (8) an offense that was committed in the practice of or connected to dentistry, dental hygiene or dental assistance.

8. (h) In determining the appropriate disciplinary action to take where the Board is not mandated to take a certain disciplinary action, the Board may consider the following factors listed in paragraphs (1) - (6) of this subsection:

   1. (1) the extent and nature of the person's criminal activity;
   2. (2) The age of the person when the crime was committed;
   3. (3) the amount of time that has elapsed since the person's last criminal activity;
   4. (4) the conduct and work activity of the person before and after the criminal activity, indicating that the person has maintained steady employment, supported the person's dependents, maintained a record of good conduct, and paid all outstanding court costs, supervision fees, fines, and restitution;
   5. (5) evidence of the person's rehabilitation or rehabilitative effort; and
   6. (6) other evidence of the person's fitness including letters of recommendation.
9. (i) A person is considered to have been convicted of an offense for purposes of subsection (f) of this section if the person entered a plea of guilty or nolo contendere and the judge deferred further proceedings without entering an adjudication of guilt and placed the person under supervision, whether or not the court has dismissed the proceedings and discharged the person.
10. (j) An applicant, licensee or registrant shall disclose in writing to the Board any arrest, conviction or deferred adjudication against him or her at the time of initial application and renewal. Additionally, an applicant, licensee or registrant shall provide information regarding any arrest, conviction or deferred adjudication to the Board within 30 days of a Board request. An application shall be deemed withdrawn if the applicant has failed to respond to a request for information or to a proposal for denial of eligibility or conditional eligibility within 30 days.

Source Note:The provisions of this §101.8 adopted to be effective March 7, 2013, 38 TexReg 1361.