The dishonorable conduct section is intended to protect the public from dangerous, unethical, and illegal conduct of licensees and registrants. The purpose of this section is to identify unprofessional or dishonorable behaviors of a dental assistant which the Board believes are likely to pose a threat to the public. Actual injury to a patient need not be established for a dental assistant to be in violation of this section. Behavior constituting dishonorable conduct includes, but is not limited to:
  (1) Criminal conduct--including but not limited to conviction of a misdemeanor involving fraud or a felony under federal law or the law of any state as outlined in Chapter 101 of this title.
  (2) Deception or misrepresentation--engages in deception or misrepresentation:
    (A) in soliciting or obtaining patronage; or
    (B) in obtaining a fee.
  (3) Fraud in obtaining a license, registration, or certification--obtains a registration or certification by fraud or misrepresentation or participates in a conspiracy to procure a license, registration, or certification for an unqualified person.
  (4) Misconduct involving drugs or alcohol--actions or conduct that include, but are not limited to:
    (A) providing dental services to a patient while the dental assistant is impaired through the use of drugs, narcotics, or alcohol;
    (B) addicted to or habitually intemperate in the use of alcoholic beverages or drugs; or
    (C) improperly obtained, possessed, or used habit-forming drugs or narcotics.
  (5) Failure to comply with applicable laws, rules, regulations, and orders--violates or refuses to comply with a law relating to the regulation of dentists, dental hygienists, or dental assistants; fails to cooperate with a Board investigation; or fails to comply with the terms of a Board Order.
  (6) Inability to practice safely--is physically or mentally incapable of practicing in a manner that is safe for the person's dental patients.
  (7) Discipline of a licensee or registrant by another state board--holds a license, registration, or certificate to practice dentistry, dental hygiene, or dental assisting in another state and the examining board of that state:
    (A) reprimands the person;
    (B) suspends or revokes the person's license, registration, or certificate or places the person on probation; or
    (C) imposes another restriction on the person's practice.
  (8) Unprofessional conduct--engages in conduct that has become established through professional experience as likely to disgrace, degrade, or bring discredit upon the licensee/registrant or the dental profession.

Source Note: The provisions of this §114.10 adopted to be effective September 14, 2010, 35 TexReg 8347