(a) The State Board of Dental Examiners will approve and certify any health organization or other organization qualified to contract with or employ dentists upon submission of an application meeting the following requirements:
  (1) A written request to the Board by the organization's chief executive officer will suffice as the application;
  (2) The following documentation shall be submitted:
    (A) a copy of the certificate of incorporation under the Texas Non-Profit Corporation Act;
    (B) written proof of a determination by the Internal Revenue Service that the organization is tax exempt under the Internal Revenue Code pursuant to §501(c)(3); and
    (C) either written proof that the organization is:
      (i) organized and operated as a migrant, community or homeless health center under the authority of and in compliance with 42 United States Code §254(b) or (c), or §256, or a federally qualified health center under 42 United States Code §1396d(1)(2)(B); or
      (ii) written proof that the organization provides services at no fee or a reduced fee to underserved populations; or
      (iii) written proof that the organization will hire dentists to staff a clinic that provides services primarily to persons having AIDS or the human immunodeficiency virus.
(b) For purposes of this rule, the terms "reduced fee" and "underserved populations" have the following meanings:
  (1) Reduced fee--A fee that is less than that charged by other dental service providers in the area for the same service; or fees that are equal to or less than those provided by Medicaid for a service.
  (2) Underserved populations--Individuals whose income, or individuals from families earning income that is below the federal poverty guidelines as established by the federal government.
(c) The Board may refuse to approve and certify or may revoke an approval or certification if in the Board's determination a health organization is established, organized, or operated in contravention of or with the intent to circumvent any of the provisions of the Dental Practice Act.
(d) A certified non-profit health organization shall notify the Board within thirty (30) calendar days of the discontinuation of business in the manner described in subsection (a)(2)(C) of this section.

Source Note: The provisions of this §107.205 adopted to be effective July 11, 2016, 41 TexReg 5052