(a) Application.      
        (1) A holder of a valid and current Texas dental license may apply to the Board to have the license placed on retired status.       
        (2) A licensee must apply to the Board for retired status, on a form prescribed by the Board, before the expiration date of the person's Texas license.       
        (3) The Board shall deny a request to place a license on retired status if there are any current or pending complaints or disciplinary actions against the license holder.       
      (b) Reinstatement. The Board may reinstate a retired Texas dental license to active status, provided the license holder submits an application for reinstatement on a form prescribed by the Board, pays the appropriate fees due at the time application is made, and meets the requirements of this subsection.      
        (1) A license holder who, at the time of application for reinstatement, is practicing dentistry in another state, or territory outside of the United States, or had practiced dentistry actively within the two years immediately preceding the date of application, shall provide:                  (A) verification of licensure and disciplinary history from all state board(s) of dentistry where the licensee has held a license;                   (B) proof of active practice within the two years preceding the application;                   (C) proof that the licensee has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;                   (D) proof of successful completion of a current course in basic life support;                   (E) proof of completion of 12 hours of continuing education, taken within the 12 months preceding the date the application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title (relating to Continuing Education); and                   (F) proof of submission of fingerprints for the retrieval of criminal history record information.         
        (2) A license holder who has not actively practiced for at least two years immediately preceding the request for reinstatement of a retired license shall provide:                  (A) verification of licensure and disciplinary history from all state board(s) of dentistry where the licensee has held a license;                   (B) proof that the licensee has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;                   (C) proof of successful completion of a current course in basic life support;                   (D) proof of completion of 24 hours of continuing education, of which a minimum of 12 hours must be clinical (hands-on). All hours must have been taken within the 12 months preceding the date the application is received by the Board and shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title; and                   (E) proof of submission of fingerprints for the retrieval of criminal history record information.         
        (3) A license holder who applies to reenter active practice must comply with all other applicable provisions of the Dental Practice Act and Board rules.       
        (4) A license holder who applies to reenter active practice must have been in compliance or satisfied all conditions of any Board order that may have been in effect at the time retired status was granted.       
        (5) The Board may, in its discretion as necessary to safeguard public health and safety, require compliance with other reasonable conditions in considering a request to reenter active practice.       
      (c) Practice in volunteer charity care.      
        (1) A dentist holding a retired status Texas dental license under this section may practice dentistry if the practice consists solely of volunteer charity care.                  (A) For the purposes of this subsection, "volunteer charity care" is defined as the direct provision of dental services to indigent or critical need populations within the state of Texas, without compensation.                   (B) A dentist providing services under this subsection may not receive any remuneration for such services.                   (C) A dentist may not, without approval from Board staff, provide services under this subsection if he or she was subject to disciplinary action in any jurisdiction in the 3 years immediately preceding the license's entry into retired status.         
        (2) Application process. A dentist must make written request to the Board, on a form prescribed by the Board, prior to offering services under this subsection.                  (A) The report shall include a sworn affirmation by the dentist that the dentist meets the qualifications of this subsection.                   (B) Upon approval by Board staff, a letter of authorization shall be issued to the dentist.                      (i) The letter of authorization, unless revoked by the Board, shall expire at the end of the calendar year in which it was issued.                       (ii) Provision of dental services after the expiration of the letter of authorization shall constitute the practice of dentistry without a license.                       (iii) It shall be the responsibility of the dentist to maintain current authorization to provide services under this subsection, by making proper request as required by this subsection.           
        (3) Scope of practice.                  (A) A dentist providing services under this subsection may not prescribe or administer controlled substances under Drug Enforcement Administration (DEA) Schedules I or II.                   (B) A dentist providing services under this subsection must post, or be able to produce on demand of a patient, a current letter of authorization from the Board.         
        (4) A dentist practicing under this subsection must complete 6 hours of the annual continuing education requirement for licensees under Chapter 104 of this title.       
        (5) A dentist providing services under this subsection shall execute a written agreement with the facility where services are offered to retain right of access to all dental records resulting from the provision of such services.       
     Source Note:        The provisions of this §101.7 adopted to be effective February 23, 2006, 31 TexReg 1033; amended to be effective November 5, 2006, 31 TexReg 8832; amended to be effective October 7, 2009, 34 TexReg 6850; amended to be effective May 29, 2013, 38 TexReg 3344