Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 108PROFESSIONAL CONDUCT
SUBCHAPTER EBUSINESS PROMOTION
RULE §108.54Advertising of Specialties
ISSUE 12/19/2014
ACTION Proposed
Rule Withdrawn: 06/19/2015
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:]

(b)A recognized specialty area is:

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

  (2)the subject of an education program of two or more years accredited by the Commission on Dental Accreditation of the American Dental Association.

(c)The State Board of Dental Examiners may approve areas of practice that do not meet the requirements of subsection (b) as recognized specialty areas for purposes of advertising.

(d)[(b)] The following are recognized specialty areas that [and] meet the requirements of subsection (b) [(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.

(e)[(c)] A dentist may [ who wishes to] advertise as a specialist [or a multiple-specialist ] in one or more [recognized] specialty areas recognized under subsections (b) or (c) [subsection (a)(1) and (2) and subsection (b)(1) - (9)] of this section if the dentist has [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 that is [in a specialty area] accredited by the Commission on Dental Accreditation of the American Dental Association, in a specialty area that is recognized under subsections (b) or (c) of this section; or [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 (b) [(a)(1) and (2)] of this section and [, 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.]

(f)[(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 met the requirements of subsection (e) of this section. [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.]

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 8, 2014

TRD-201405901

Nycia Deal

General Counsel

State Board of Dental Examiners

Earliest possible date of adoption: January 18, 2015

For further information, please call: (512) 475-0977



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