Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 108PROFESSIONAL CONDUCT
SUBCHAPTER EBUSINESS PROMOTION
RULE §108.54Advertising for Specialties
ISSUE 05/18/2012
ACTION Proposed
Rule Withdrawn: 09/17/2012
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 only if the dentist limits the dentist's practice exclusively to one or more 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.

(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) of this section and subsection (b)(1) - (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 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.

    (A)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.

    (B)A dentist may advertise a field of interest if the specialist has been certified or a diplomate of a specialty, provided the special interest is within the scope of the recognized specialties listed in subsection (b)(1) - (9) of this section. For example: Tom Smith, DDS, Board Certified, Oral and Maxillofacial Surgery, Practice Limited to Oral Surgery, special interest in TMJ.

    (C)A dentist who is not board certified may not advertise a field of interest except that the dentist may advertise that his/her 'practice is limited' to a designated specialty practice area listed in subsection (b)(1) - (9) of this section. For example: Tom Smith, DDS, practice limited to Oral Surgery.

(d)Dentists who choose to communicate specialization in a recognized specialty area as set forth in subsection (b)(1) - (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 "ADA 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) - (9) of this section.

(e)Standards for Multiple-Specialty Announcements in Recognized Specialty Areas. The educational criterion for communication of limitation of practice in additional specialty areas is the successful completion of an advanced educational program accredited by the Commission on Dental Accreditation (or its equivalent if completed prior to 1967) in each area for which the dentist wishes to communicate a specialty. Dentists who are presently ethically communicating limitation of practice in a specialty area and who wish to communicate an additional recognized specialty area must submit to the appropriate accredited body documentation of successful completion of the requisite education in specialty programs listed by the Council on Dental Education and Licensure or certification as a diplomate in each area for which they wish to communicate.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 4, 2012

TRD-201202290

Glenn Parker

Interim Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: June 17, 2012

For further information, please call: (512) 475-0972



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