The State Board of Dental Examiners (SBDE) adopts new §108.56, concerning Certifications, Degrees, Fellowships, Memberships and Other Credentials, with changes to the proposed text as published in the December 7, 2012, issue of the Texas Register (37 TexReg 9590) and will be republished. The changes are due to public comment. Section 108.56 will be effective on May 1, 2013.

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; March 9, 2012; and July 13, 2012. SBDE previously adopted new advertising rules, §§108.50 - 108.55 and §§108.57 - 108.63, in the December 7, 2012, issue of the Texas Register (37 TexReg 9637).

New §108.56 is adopted to protect the public from false, misleading or deceptive advertisement and to offer SBDE's licensees clear guidance as to restrictions on advertising.

One public comment was submitted by the Texas Academy of General Dentistry (TAGD) in response to the proposed text.

The comment requested clarification of the permitted placement of abbreviated credentials in an advertisement. SBDE modifies the rule to make clear that abbreviated credentials may not be on the same line as the dentist's name and designation as a dentist.

The comment addressed subsection (d) of the proposed rule and recommended SBDE clarify the term "dissemination to the public." SBDE agrees and modifies the rule in response to public comment. TAGD also suggested the inclusion of correspondence with existing patients of record in the exemption allowed by the subsection. SBDE maintains the language as proposed to protect prospective and current patients from potentially misleading communications.

The comment requested SBDE provide additional time to allow dentists to come into compliance with the rule. SBDE agrees. The adopted rule will be effective on May 1, 2013, and SBDE staff have been directed to delay enforcement of the rule until September 2, 2013.

The new section is adopted pursuant to Texas Government Code §§2001.021 et seq. and Texas Occupations Code §254.001, which authorize the SBDE to adopt and enforce rules necessary for it to perform its duties.

The adoption of the new rule affects Texas Occupations Code, Title 3, Subtitle D and Texas Administrative Code, Title 22, Part 5.