Section 108.56, Specialty Announcement, derives from former §109.107, subsection (a) and American Dental Association guidelines for ethical behavior and provides that a dentist who is a specialist in a specialty recognized by the American Dental Association may announce that status.

Section 108.57, Specialist Announcement of Credentials in Non-Specialty Areas, derives from former §109.109 and the American Dental Association's guidelines for ethical behavior and provides that a dentist who is a specialist in one of specialties recognized by the American Dental Association and who also has obtained additional credentials in an area of practice not recognized as a specialty by the American Dental Association, may announce those credentials as long as specialization in the non-recognized area is not implied.

Section 108.58, Degrees. Subsection (a) of this rule finds its origin in former §109.145. The words "A Texas dental licensee, in any professional communication..." are changed to read "A licensed Texas dentist, in any professional communication..." These changes make it clearer that the subsection applies to dentists and that the requirements apply to all professional communications, not just those that are written. Subsections (b) and (c) of this rule derive from the former §109.191. The initials "D.O" are added as initials that can be used in addition to "D.D.S." and "M.D." Doctors of Osteopathy and Doctors of Medicine are both regulated by the same state agency.

Section 108.59, Testimonials, derives from the former §109.142, and is repeated, except for minor changes in the interest of grammatical consistency. The rule prohibits testimonials from Texas dentists except under certain prescribed conditions.

Section 108.60, False, Misleading or Deceptive Referral Schemes. The subject matter of this rule was formerly found in §109.108. The new rule more closely tracks the provisions of §§102.001 through 102.011 and 259.008 (8) of the Occupations Code, prohibiting and defining false, misleading referral schemes.

Section 108.61, Unlicensed Clinicians, replaces former §109.161, which is repeated verbatim, providing guidelines for situations when an unlicensed clinician may teach and demonstrate procedures for the administration of anesthesia, provided that advance approval is obtained from the Board.

New Subchapter F, Contractual Arrangements, covers §108.70 and §108.71. Section 108.70, Improper Influence on Professional Judgment is a verbatim repeat of former §109.500. The Board adopted §109.500 in February, 2000 and the rule as adopted is valid and should be continued.

Section 108.71, Providing Copies of Certain Contracts, is a verbatim repeat of former §109.300. The Board adopted the rule in December, 1999 and has determined that the rule should be maintained.

Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has determined that for the first five-year period the new chapter is in effect there will be no fiscal implications for state or local government as a result of enforcing the rules.

Mr. Hill has determined that for each year of the first five years the new chapter is in effect the public benefit anticipated as a result will be a clearer statement of the intent of the Board in its rules concerning professional conduct.

It is unknown if there will be any fiscal implications for small businesses. Should such costs be incurred, they will not be of such magnitude to impact the economic viability of a small business. Therefore the SBDE has determined that compliance with the proposed new chapter and rules will not have an adverse economic impact on small businesses when compared to large businesses as the cost of compliance, if any, will be minimal.

Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, (512) 463-6400. To be considered all comments must be received by the State Board of Dental Examiners on or before October 22, 2000.

The new chapter is proposed under Texas Government Code §2001.021 et. seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides the State Board of Dental Examiners with the authority to adopt and promulgate rules consistent with the Dental Practice Act.

The proposed new chapter does not affect other statutes, articles, or codes.