CHAPTER 259. PROHIBITED OR RESTRICTED COMMERCIAL OR PROFESSIONAL ACTIVITIES

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-259-prohibited-or-restricted-commercial-or-professional-activities

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE D. DENTISTRY

CHAPTER 259. PROHIBITED OR RESTRICTED COMMERCIAL OR PROFESSIONAL

ACTIVITIES

Sec. 259.001. FALSE STATEMENTS TO PATIENTS. A dentist may not,

in the practice of dentistry, make a misrepresentation or a false

or misleading statement to a patient or prospective patient.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 259.002. NOTIFICATION OF QUALIFICATIONS. Each dental

office shall post at or near the entrance of the office the name

of, each degree received by, and each school attended by each

dentist practicing in the office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 259.003. USE OF TRADE NAME. (a) A person may use a

corporation, company, association, or trade name, provided that

each patient shall be given the name of the treating dentist, in

writing, either before or after each office visit.

(b) An advertisement under a corporation, company, association,

or trade name must include prominently the name of at least one

dentist practicing under the name.

Subsection (b) shall file with the board a list of each dentist

who practices under that name and a list of each trade name used

if that name is different from the name described by Subsection

(b).

(d) If information provided under Subsection (c) changes, the

person must file updated information with the board not later

than the 30th day after the date of the change.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.087(a), eff.

Sept. 1, 2001.

Sec. 259.004. DUTIES OF DENTIST IN CERTAIN EMPLOYMENT OR

CONTRACTUAL ARRANGEMENTS. (a) A person providing dental

services under an agreement that allows another person to control

or influence any aspect of the delivery of dental services,

including a business or professional aspect, shall report to the

board on request and in accordance with board rules:

(1) information concerning the agreement;

(2) the manner in which patients are billed;

(3) the manner in which the dental service provider is paid and

any information provided to patients concerning payment

agreements; and

(4) information concerning the service provider agreement

provided to shareholders of organizations contracting with a

dental service provider.

(b) A person who practices dentistry and has another dentist

practicing with or under the person is responsible for all

professional acts performed under the name of the person,

regardless of whether the dentist has an ownership interest or an

employment or contractual relationship. This section does not

affect an individual license holder's responsibilities and rights

under this subtitle.

state may not be construed to prohibit a licensed dentist from

maintaining more than one office in this state if the dentist:

(1) assumes full legal responsibility and liability for the

dental services provided in each office; and

(2) complies with the requirements prescribed by board rules.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 259.005. AUTHORIZED ADVERTISING RESTRICTIONS. Board rules

adopted under Section 254.002 to regulate advertising may include

restrictions that prohibit communications to the public that:

(1) are false, misleading, or deceptive;

(2) state an opinion regarding the quality of dental services;

(3) appeal to an individual's anxiety in an excessive or unfair

way;

(4) intimidate or exert undue pressure or undue influence over a

prospective patient;

(5) create unjustified expectations concerning the potential

result of a dental treatment;

(6) refer to benefits or other attributes of dental procedures

or products that involve significant risks without including

realistic assessments of the safety and efficacy of those

procedures or products;

(7) contain statistical data, representations, or other

information that is not susceptible to reasonable verification by

the public;

(8) refer to a fee for dental services without disclosing that

additional fees may be involved in individual cases, if the

possibility of additional fees may be reasonably predicted;

(9) offer a discount for dental services without disclosing the

total fee to which the discount will apply; or

(10) fail to make truthful disclosure of the source and

authorship of any message published under a dentist's byline.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 259.006. UNLAWFUL ADVERTISING IN GENERAL. (a) A person

may not engage in false, misleading, or deceptive advertising in

connection with the practice of dentistry.

(b) A person regulated by the board may not engage in

advertising that does not comply with the reasonable restrictions

adopted by the board under Section 259.005.

restrictions, a person may not be prosecuted under this subtitle

before the 31st day after the date the person has been given

notice by certified or registered mail, return receipt requested,

of the alleged violation. The notice must:

(1) include a copy of the applicable portions of this subtitle

and all board rules relating to advertising;

(2) describe the alleged unlawful advertising;

(3) identify the board restriction violated; and

(4) include a statement informing the person that the person has

30 days from the date of the notice to cure the violation.

(d) A person may be prosecuted if the violation is not cured

within the prescribed time.

(e) Subsection (c) does not apply to a subsequent violation of

the board's advertising restrictions.

(f) This section does not authorize the board to discipline a

dentist for an act of an advertising agent that results in a

communication to the public that violates the restrictions

adopted by the board under Section 259.005 if the advertisement

does not specify the name of the dentist or the name under which

the dentist practices unless:

(1) the advertising agent is owned or controlled by the dentist;

(2) the dentist provided to the advertising agent for

distribution to the public any information that does not comply

with the board's restrictions; or

(3) the content of the advertising is determined by the dentist.

(g) The board may bring an action in district court to enjoin an

advertising agent from using any advertisement, marketing scheme,

or practice that violates the restrictions adopted by the board

under Section 259.005. Notwithstanding any other provision of

this subtitle, an injunction under this section is the board's

sole remedy against an advertising or marketing agent for a

violation of this section.

(h) The remedies provided in this section are in addition to the

procedures and remedies provided for in Subchapter E, Chapter 17,

Business & Commerce Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 259.007. UNLAWFUL ADVERTISING: OUT-OF-STATE PROVIDER. A

person who is not domiciled and located in this state and subject

to the laws of this state may not advertise or cause or permit to

be advertised, published, directly or indirectly, printed, or

circulated in this state a notice, statement, or offer of any

service, drug, or fee relating to the practice of dentistry,

unless the advertising conspicuously discloses that the person is

not licensed to practice dentistry in this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 259.008. UNPROFESSIONAL CONDUCT. A person may not directly

or indirectly engage in unprofessional conduct relating to

dentistry, including:

(1) obtaining or attempting to collect a fee by fraud or

misrepresentation;

(2) orally soliciting dental business if the solicitation is:

(A) directed to an individual or a group of less than five

individuals; and

(B) made for the primary purpose of attracting the individual or

the group to a particular dental practice;

(3) employing, directly or indirectly, or permitting an

unlicensed person to perform dental services on a person, except

as authorized by law;

(4) claiming or circulating a statement of:

(A) professional superiority; or

(B) performance of professional services in a superior manner;

(5) forging, altering, or changing a legal document relating to

the practice of dentistry, including a diploma, license,

registration certificate, or transcript;

(6) being a party to or benefiting from the forgery, alteration,

or changing of a legal document relating to the practice of

dentistry;

(7) making a false statement or misusing a legal document

relating to the practice of dentistry;

(8) accepting employment as a dentist under a false, misleading,

or deceptive referral scheme;

(9) advertising the performance of dental work without pain or

discomfort to the patient; or

(10) advertising a prediction of future satisfaction or success

of a dental service.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.088(a), eff.

Sept. 1, 2001.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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