1. (a) Definition. "Good standing" is defined in §55.0042, Texas Occupations Code.
2. (b) The executive director of the Texas State Board of Dental Examiners must authorize a qualified military service member or military spouse to perform delegated permitted duties as a dental assistant in Texas without obtaining a registration in accordance with §55.0041(a), Texas Occupations Code. This authorization to perform delegated permitted duties is valid during the time the military service member or, with respect to a military spouse, the military service member to whom the military spouse is married is stationed at a military installation in Texas.

3. (c) In order to receive authorization to perform delegated permitted duties, the military service member or military spouse must:

   1. (1) hold a registration similar in scope of practice issued by the licensing authority of another state and is in good standing with that licensing authority;

   2. (2) submit an application to the board that includes:

      1. (A) a copy of the member's military orders showing relocation to this state;
      2. (B) if the applicant is a military spouse, a copy of the military spouse's marriage license; and

      3. (C) a notarized affidavit affirming under penalty of perjury that:

         1. (i) the applicant is the person described and identified in the application;
         2. (ii) all statements in the application are true, correct, and complete;
         3. (iii) the applicant understands the scope of practice for the applicable registration in this state and will not perform outside of that scope of practice; and
         4. (iv) the applicant is in good standing in each state in which the applicant holds or has held an applicable registration.
4. (d) The board has sole discretion in determining whether an applicant's out-of-state registration is similar in scope to a registration issued by the board.
5. (e) While authorized to perform delegated permitted duties as a dental assistant in Texas, the military service member or military spouse shall comply with all other laws and regulations applicable to the practice of dentistry in Texas.

6. (f) The board has 10 business days from the date a military service member or military spouse submits the information required by subsection (c) of this section to notify the applicant that:

   1. (1) the board recognizes the applicant's out-of-state registration;
   2. (2) the application is incomplete; or
   3. (3) the board is unable to recognize the applicant's out-of-state registration because the board does not issue a registration similar in scope of practice to the applicant's registration.
7. (g) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse submitted the application required by subsection (c) of this section. A similar event includes the death of the military service member or the military service member's discharge from the military.
8. (h) This section establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.

Source Note:The provisions of this §114.7 adopted to be effective June 25, 2020, 45 TexReg 4201; amended to be effective May 23, 2024, 49 TexReg 3565; amended to be effective March 12, 2026, 51 TexReg 1416.