Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 108PROFESSIONAL CONDUCT
SUBCHAPTER EBUSINESS PROMOTION
RULE §108.54Advertising of Specialties
ISSUE 01/08/2021
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Recognized Specialties. A dentist may advertise as a specialist or use the terms "specialty" or "specialist" to describe professional services in recognized specialty areas that are:

  (1)recognized by a board that certifies specialists in the area of specialty; and

  (2)accredited by the Commission on Dental Accreditation of the American Dental Association.

(b)The following are recognized specialty areas and meet the requirements of subsection (a)(1) and (2) of this section:

  (1)Endodontics;

  (2)Oral and Maxillofacial Surgery;

  (3)Orthodontics and Dentofacial Orthopedics;

  (4)Pediatric Dentistry;

  (5)Periodontics;

  (6)Prosthodontics;

  (7)Dental Public Health;

  (8)Oral and Maxillofacial Pathology; [and]

  (9)Oral and Maxillofacial Radiology;[.]

   (10)Oral Medicine;

   (11)Dental Anesthesiology; and

   (12)Orofacial Pain.

(c)A dentist who wishes to advertise as a specialist or a multiple-specialist in one or more recognized specialty areas under subsection (a)(1) and (2) and subsection (b)(1) -(12) [ (9)] of this section shall meet the criteria in one or more of the following categories:

  (1)Educationally qualified is a dentist who has successfully completed an educational program of two or more years in a specialty area accredited by the Commission on Dental Accreditation of the American Dental Association, as specified by the National Commission on Recognition of Dental Specialties and Certifying Boards. [Council on Dental Education of the American Dental Association.]

  (2)Board certified is a dentist who has met the requirements of a specialty board referenced in subsection (a)(1) and (2) of this section, and who has received a certificate from the specialty board, indicating the dentist has achieved diplomate status, or has complied with the provisions of §108.56(a) and (b) of this subchapter (relating to Certifications, Degrees, Fellowships, Memberships and Other Credentials).

  (3)A dentist is authorized to use the term 'board certified' in any advertising for his/her practice only if the specialty board that conferred the certification is referenced in subsection (a)(1) and (2) of this section, or the dentist complies with the provisions of §108.56(a) and (b) of this subchapter.

(d)Dentists who choose to communicate specialization in a recognized specialty area as set forth in subsection (b)(1) -(12) [(9)] of this section should use "specialist in" or "practice limited to" and should limit their practice exclusively to the advertised specialty area(s) of dental practice. Dentists may also state that the specialization is an approved by "ADA's National Commission on Recognition of Dental Specialties and Certifying Boards [ recognized specialty]." At the time of the communication, such dentists must have met the current educational requirements and standards set forth by the American Dental Association for each approved specialty. A dentist shall not communicate or imply that he/she is a specialist when providing specialty services, whether in a general or specialty practice, if he or she has not received a certification from an accredited institution. The burden of responsibility is on the practice owner to avoid any inference that those in the practice who are general practitioners are specialists as identified in subsection (b)(1) -(12) [(9)] of this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 28, 2020

TRD-202005703

Lauren Studdard

General Counsel

State Board of Dental Examiners

Earliest possible date of adoption: February 7, 2021

For further information, please call: (512) 305-8910



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