Section 108.51, Advertisements, is a new rule that provides a definition of the term "Advertisements." The former rules contained only scanty references to the several media available to communicate a practitioner's qualifications to those members of the public who are searching for a qualified professional. The Board adopts this new rule as a necessary explanation of the term "Advertising".

No comments were received regarding adoption of the proposal.

Section 108.52, False or Misleading Communications derives from repealed rule 109.204 and the American Dental Association's guidelines for ethical behavior, and provides some examples of communications that could be considered to be false or misleading in a material respect. The intent of the language contained in paragraphs (1) through (6) and (8) of repealed rule 109.204 is found in paragraphs (1) through (5) of the new rule. The intent of the language of paragraph (7) of repealed rule 109.204 is contained in Section 101.201 (4) of the Occupations Code. The intent of the language of repealed rule 109.204, paragraph (9), is found in Section 259.005(10) of the Occupations Code. The intent of the language of paragraph (10) of repealed rule 109.204 is contained in Sections 254.002 and 259.005 of the Occupations Code. The intent of the language of paragraph (11) of repealed rule 109.204 is found in new rules 108.54, 108.55 and 108.58. The Board has determined that the reason for initially adopting the language and intent of these repealed rules continues to exist and is now contained in new rule 108.52.

No comments were received regarding adoption of the proposal.

Section 108.53, Professional Announcements, derives from repealed rule 109.107, subsection (c) and provides that a dentist may announce the availability of any dental service as prescribed by the Texas Dental Practice Act, found in the Occupations Code. The Board has determined that the reason for initially adopting the language and intent of the repealed rule continues to exist and is now contained in new rule 108.53.

No comments were received regarding adoption of the proposal.

Section 108.54, Announcement of Services, derives from repealed rule 109.107, subsection (e) and provides that general dentists may announce the services available in their practice so long as they do not express or imply specialization and so long as they announce that the services are provided by a general dentist. The Board has determined that the reason for initially adopting the language and intent of the repealed rule continues to exist and is now contained in new rule 108.54.

No comments were received regarding adoption of the proposal.

Section 108.55, Announcement of Credentials in Non-Specialty Areas, derives from repealed rule 109.109 and the American Dental Association's guidelines for ethical behavior and provides that a general dentist may announce the attainment of additional credentials in an area of practice not recognized as a specialty by the American Dental Association. The dentist must announce that the services are provided by a general dentist. The Board has determined that the reason for initially adopting the language and intent of the repealed rule continues to exist and is now contained in new rule 108.55.

No comments were received regarding adoption of the proposal.

Section 108.56, Specialty Announcement, derives from repealed rule 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. The Board has determined that the reason for initially adopting the language and intent of the repealed rule continues to exist and is now contained in new rule 108.56.

No comments were received regarding adoption of the proposal.

Section 108.57, Specialist Announcement of Credentials in Non-Specialty Areas, derives from repealed rule 109.109 and the American Dental Association's guidelines for ethical behavior and provides that a dentist who is a specialist in one of the 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. The Board has determined that the reason for initially adopting the language and intent of the repealed rule continues to exist and is now contained in new rule 108.57.

No comments were received regarding adoption of the proposal.

Section 108.58, Degrees. Subsection (a) of this rule finds its origin in repealed rule 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 repealed rule 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 and this change acknowledges Osteopathy as a recognized area of medical practice. The Board has determined that the reason for initially adopting the language and intent of the repealed rule continues to exist and is now contained in new rule 108.58.

No comments were received regarding adoption of the proposal.

Section 108.59, Testimonials, derives from the repealed rule 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 and the intent of the rule remains valid.

No comments were received regarding adoption of the proposal.

Section 108.60, False, Misleading or Deceptive Referral Schemes. The subject matter of this rule was formerly found in repealed rule 109.108. The new rule more closely tracks the provisions of Sections 102.001 through 102.011 and 259.008(8) of the Occupations Code, prohibiting and defining false, misleading referral schemes. The Board has determined that the language and intent of the repealed rule remains valid and is now contained in new rule 108.60.

No comments were received regarding adoption of the proposal.

Section 108.61, Unlicensed Clinicians, replaces former Rule 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. The intent of the repealed rule remains valid.

No comments were received regarding adoption of the proposal.

New Subchapter F, Contractual Arrangements, covers Rules 108.70 and 108.71. Section 108.70, Improper Influence on Professional Judgment is a verbatim repeat of repealed rule 109.500. The Board adopted rule 109.500 in February, 2000. The rule was passed to ensure that a dentist's independent professional judgment regarding the diagnosis or treatment of any dental disease or disorder is not influenced by anyone other than a dentist. The Board has determined that the language and intent of the repealed rule remains valid and is now contained in new rule 108.70.

No comments were received regarding adoption of the proposal.

Section 108.71, Providing Copies of Certain Contracts, is a verbatim repeat of repealed rule 109.300 which was originally adopted by the Board in December 1997. The rule was passed so that contracts entered into between dentists and management professionals would be subject to review, to ensure that a dentist's independent professional judgment was not improperly influenced by non-dentists. The subject matter of the rule is also closely related to that of repealed rule 109.500. The Board has determined that the intent of repealed rules 109.300 and 109.500 remains valid and that language is now found in rules 108.70 and 108.71 of new Subchapter F.

No comments were received regarding adoption of the proposal.

The new rules are adopted 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.