(a) 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, but is not to exceed three years.
(b) In order to receive authorization to perform delegated permitted duties the military service member or military spouse must:
  (1) hold an active registration to perform delegated permitted duties as a dental assistant in another state, territory, Canadian province, or country that:
    (A) has registration requirements that are determined by the board to be substantially equivalent to the requirements for registration in Texas; and
    (B) is not subject to any restriction, disciplinary order, probation, or investigation;
  (2) notify the board of the military service member or military spouse's intent to perform delegated permitted duties in Texas on a form prescribed by the board; and
  (3) submit proof of the military service member or military spouse's residency in this state, a copy of the military service member or military spouse's military identification card, and proof of the military service member's status as an active duty military service member as defined by §437.001(1), Texas Government Code (relating to Definitions).
(c) 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.
(d) The board has 30 days from the date a military service member or military spouse submits the information required by subsection (b) of this section to:
  (1) verify that the member or spouse is active and in good standing in a jurisdiction that has registration requirements that are substantially equivalent to the registration requirements in Texas; and
  (2) issue an authorization recognizing the registration as the equivalent registration in this state.
(e) In the event of a divorce or similar event that affects a person's status as a military spouse, the 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 received the authorization described by subsection (d) of this section. A similar event includes the death of the military service member or the military service member's discharge from the military.
(f) 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