Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 108PROFESSIONAL CONDUCT
SUBCHAPTER EBUSINESS PROMOTION
RULE §108.55Advertising for General Dentists
ISSUE 05/18/2012
ACTION Proposed
Rule Withdrawn: 09/17/2012
Preamble Texas Admin Code Rule

(a)Post-Doctoral Advanced General Dentistry Education Programs. A dentist whose license is not limited to the practice of a recognized specialty identified under §108.54(b)(1) - (9) of this subchapter (relating to Advertising for Specialties) and who has successfully completed a post-doctoral advanced general dentistry education program accredited by Commission on Dental Accreditation (CODA) may announce to the public that he or she has completed advanced training in the area of special interest and may limit his/her practice to that specific interest so long as the dentist clearly discloses that the dentist is a general dentist or a specialist in a different specialty. For example: "Joe Smith, DDS, General Dentist, with a special interest in Orofacial Pain."

(b)Special interest in a non-ADA recognized specialty. The advertisement shall fully disclose to the public the type of training the dentist completed; and the dentist's experience in the non-ADA recognized areas of special interest.

  (1)To determine if a dentist's disclosure regarding non-ADA recognized areas of special interest comports with this provision and is not misleading, the Board may consider the following factors:

    (A)Whether the disclosure indicates that the dentist is a general dentist and that the dentist's practice is limited to the asserted special interest area;

    (B)Whether the disclosure fully informs the public of the educational curriculum the dentist obtained in the asserted special interest area including the duration of the program. Full disclosure of education content shall further include a statement by the dentist who indicates whether the curriculum is:

      (i)Formal or Informal; and/or

      (ii)Full-time or Part-time; and/or

      (iii)Graduate or Post-Graduate Level.

    (C)Whether the disclosure sets forth the number of clinical and didactic classroom hours the dentist has successfully completed in the asserted special interest area. A licensee must maintain documentation that supports any disclosure.

  (2)The following disclosures would be in compliance with this rule for dentists: "John Doe, DDS, General Dentist, with a special interest in Dental Implants. Dr. Doe received certification in Dental Implants from the Acme Implant Institute after successfully completing either an oral examination not based on psychometric principles or a written examination based on psychometric principles and following his successful completion of an informal, part-time, graduate level program lasting __ days and consisting of __ clinical hours of training and __ didactic classroom hours of instruction."

  (3)Business cards and stationery are exempt from the requirements of paragraph (1)(B) and (C) of this subsection.

(c)Special interest in an ADA recognized specialty. A dentist whose license is not limited to the practice of an ADA recognized specialty identified under §108.54(b)(1) - (9) of this subchapter may advertise that the dentist performs the aforementioned services even if the dentist is not a specialist in the advertised area of practice so long as the dentist clearly discloses that the dentist is a general dentist or a specialist in a different specialty.

  (1)To determine if a dentist's disclosure regarding non-ADA recognized areas of special interest comports with this provision and is not misleading, the Board may consider the following factors:

    (A)Whether the disclosure indicates that the dentist is a general dentist and that the dentist's practice is limited to the asserted special interest area;

    (B)Whether the disclosure fully informs the public of the educational curriculum the dentist obtained in the asserted special interest area including the duration of the program. Full disclosure of education content shall further include a statement by the dentist who indicates whether the curriculum is:

      (i)Formal or Informal; and/or

      (ii)Full-time or Part-time; and/or

      (iii)Graduate or Post-Graduate Level.

    (C)A dentist shall set forth the number of clinical and didactic classroom hours the dentist has successfully completed in the asserted special interest area. A licensee must maintain documentation that supports any disclosure.

  (2)The following disclosures would be in compliance with this rule for dentists: "John Doe, DDS, General Dentist, with a special interest in Orthodontics. Dr. Doe completed an informal, part-time, graduate level program lasting 3-days, including 20 hours didactic classroom and 8 hours clinical, in Orthodontics every 6 weeks for 12 months."

  (3)Business cards and stationery are exempt from the requirements of paragraph (1)(B) and (C) of this subsection.

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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