The State Board of Dental Examiners (SBDE) proposes new §108.50, relating to Objectives of Rules; §108.51, relating to Definitions; §108.52, relating to Names and Responsibilities; §108.53, relating to Fees; §108.54, relating to Advertising for Specialties; §108.55, relating to Advertising for General Dentists; §108.56, relating to Advertising Credentials and Certifications; §108.57, relating to False, Misleading or Deceptive Advertising; §108.58, relating to Solicitation, Referral and Gift Schemes; §108.59, relating to Required Disclosure on a Website; §108.60, relating to Record Keeping of Advertisements; §108.61, relating to Grounds and Procedures for Disciplinary Action for Advertising Violations; §108.62, relating to Awards, Honors and Recognitions; and §108.63, relating to Advertisement and Education by Unlicensed Clinicians.

The SBDE's Advertising Rules Ad-Hoc Committee was convened to update the agency's advertising rules based on emerging technologies and issues in the business promotion of dentistry and dental practices. The committee met on August 4, 2011; October 7, 2011; November 10, 2011; January 27, 2012; and March 9, 2012.

The new sections developed by the committee (§§108.50 - 108.63) were written to update existing advertising rules (§§108.50 - 108.61) that are presently proposed for repeal and published concurrently in this issue of the Texas Register. The rules proposed for adoption are modeled in part after the American Association of Dental Board's (AADB) Guidelines on Advertising. In addition to the generally accepted guidelines promulgated by the AADB, the rules address the communication of specialty practices and dental credentials to the public, the inclusion of professional awards and honors in advertisements, and the requirements of website publications. A significant change in the rules is that the publication of patient testimonials will be allowed under the proposed rules.

Mr. Glenn Parker, Interim Executive Director, has determined that for each year of the first five years the new sections are in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the sections.

Mr. Parker has also determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of enforcing the new sections will be protection of the public through updated advertising and business promotion rules that protect the public from false, deceptive, and misleading advertising.

Approximately 14,000 dentists hold active licenses to practice dentistry in Texas granted by SBDE. The Texas Comptroller estimates approximately 6,785 dental offices in the state of Texas are classified as a small or micro-business.

The projected economic impact of this rule adoption on these small and micro-businesses is minimally negative to neutral. The proposed rules do not implicate a loss of business opportunities as a consequence of their adoption; however, compliance with the rules may require modification of current business promotions to include required information and disclosures. These modifications may result in costs to the dentists and dental practices thereby having an economic effect.

Comments on the proposal may be submitted to Nycia Deal, Staff Attorney, State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701 (by mail), (512) 463-7452 (by fax), or nycia@tsbde.texas.gov (by email). To be considered, comments must be in writing and received by the State Board of Dental Examiners no later than 30 days from the date that the sections are published in the Texas Register.

The new sections are proposed under Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The new sections affect Texas Occupations Code, Title 3, Subtitle D and Texas Administrative Code, Title 22, Part 5.