1. (a) All dental laboratories must have a dental technician who is certified by a recognized board of certification for dental technology employed by and working on the premises of the dental laboratory a minimum of 30 hours per week. In addition to certification from the National Board for Certification in Dental Laboratory Technology, the Board recognizes certifications from the following regions and countries:

   1. (1) United Kingdom;
   2. (2) Germany; and
   3. (3) Canadian provinces.

2. (b) A dental laboratory is exempt from subsection (a) of this section if the laboratory is:

   1. (1) owned by a licensed dentist engaged in the practice of dentistry in this state or by a professional corporation or partnership in which that dentist is an officer, partner, or employee; and
   2. (2) located on the premises within which the dentist practices dentistry.
3. (c) The exemption under subsection (b) of this section does not apply to a dental laboratory if the laboratory employs three or more dental technicians.

4. (d) A dental laboratory is exempt from subsection (a) of this section if:

   1. (1) the dental laboratory was registered with the Board on September 1, 1987;
   2. (2) the dental laboratory's registration has been renewed each year and all registration fees have been paid;
   3. (3) the beneficial ownership of at least 51% interest in the laboratory has not transferred; and
   4. (4) the owner and/or the designated employee of the dental laboratory is employed on the premises of the laboratory for at least 30 hours per week.
5. (e) The owner of the dental laboratory shall maintain employment records validating compliance with this section for a period of not less than two years.

Source Note:The provisions of this §116.5 adopted to be effective May 10, 2004, 29 TexReg 4484; amended to be effective November 5, 2006, 31 TexReg 8835; amended to be effective March 23, 2015, 40 TexReg 1709.