Texas Register, Volume 37, Number 20, Pages 3645-3760, May 18, 2012 Page: 3,661
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(b) The advertising dentist shall be responsible for making
copies of the advertisement available to the board if requested.
108.61. Grounds and Procedures for Disciplinary Action.for Adver-
(a) In accordance with the Board's statutory and regulatory au-
thority authorizing disciplinary action and denial of licensure for adver-
tising violations as set forth in this subchapter, the Board may refuse to
issue or renew a license, may suspend or revoke a license, may issue
a warning or reprimand, restrict or impose conditions on the practice
of a licensee or applicant for licensure. "Advertising violations" con-
sist of expressions explicitly or implicitly authorized by a licensee, or
applicant for licensure, which are false or misleading as otherwise ref-
erenced in this subchapter.
(b) A licensee or applicant for licensure explicitly or implicitly
authorizes advertising when the individual permits or fails to correct
statements that are false or misleading. Failure to attempt to retract or
otherwise correct advertising violations as directed by the Board may
constitute a willful violation of these provisions and may be a separate
and distinct independent violation of the Board's statutory or regulatory
authority. A willful violation of the Board's directive, may subject the
licensee or applicant to disciplinary action, nonrenewal or denial of
(c) When determining whether an "advertising violation" has
occurred, the Board shall proceed in accordance with due process and
its statutory and regulatory provisions which govern investigations and
contested case proceedings.
108.62. Awards, Honors and Recognitions.
(a) A licensee may publicize the receipt of a professional
award, honor, recognition, or rating in an advertisement or otherwise,
if the publication is not false, misleading, or deceptive, and is subject
to reasonable verification by the public. Any advertisement must
comply with all laws and rules governing advertisement by licensees.
(b) The publication of an award, honor, recognition or rating
must reflect truth, state the specific year or time period of receipt and
clearly name the awarding organization or entity.
(1) Proper: John Doe, DDS - Included in Anytown Quar-
terly's Fall 2012 Top Dentists
(2) Improper: John Doe, DDS - Top Dentist
(3) Proper: John Doe, DDS - Selected as Anytown's 2012
Dentist of the Year by the Anytown
(4) Improper: John Doe, DDS - Dentist of the Year
(c) The publication must state the licensee's receipt of an
award, honor, recognition or rating as inclusion or selection in a listing
of other licensees, if applicable.
(1) Proper: John was selected for inclusion in 2012 Any-
town Yearly's Super Dentists List
(2) Improper: John is an Anytown Super Dentist
(d) The publication may include the trademark or logo of the
award, honor, recognition or rating, so long as the advertisement con-
forms to all laws and rules governing advertisement by licensees.
(e) The publication of an award, honor, recognition or rating is
false, misleading or deceptive if the licensee compensated a third party
for the inclusion of the licensee's name in the survey, ballot, or poll that
determined the recipients of the award, honor, recognition or rating.
This does not preclude licensees from purchasing advertisements to
communicate the receipt of an award, honor, recognition or rating.
(f) The publication of an award, honor, recognition or rating is
false, misleading or deceptive if the publication imputes an individual
licensee's selection or inclusion to an entire practice, clinic or office.
An advertisement for an entire dental practice, clinic or office at which
more than one licensee engages in the practice of dentistry, must clearly
denote the specific licensees within in the practice who received the
award, honor, recognition or rating.
108. 63. Advertisement and Education by Unlicensed Clinicians.
(a) Any advertisement placed by 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.
(b) Licensees of other jurisdictions may be permitted to
demonstrate their professional technique and ability on live patients
at scientific and clinical meetings upon prior approval by the State
Board of Dental Examiners. The State Board of Dental Examiners
must approve any and all courses, seminars, clinics, or demonstrations
that involve live patients, including those pertaining to anesthesia
or anesthetic agents and duties of auxiliary personnel except those
sponsored by recognized dental schools, medical schools or colleges.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on May 4, 2012.
Interim Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: June 17, 2012
For further information, please call: (512) 475-0972
PART 11. TEXAS BOARD OF NURSING
CHAPTER 213. PRACTICE AND PROCEDURE
22 TAC 213.23
Introduction. The Texas Board of Nursing (Board) proposes
amendments to 213.23 (relating to Decision of the Board).
These amendments are proposed under the authority of the
Occupations Code 301.151, 301.452, and 301.459(a) and the
Government Code 2001.004, 2001.058, 2001.062, 2001.141,
and 2003.021(a) and are necessary to: (i) clarify the Board's
existing requirements for submitting written materials to the
Board and making oral presentations to the Board; (ii) facilitate
fully informed Board deliberation and decisions; and (iii) specify
that proposals for decision (PFDs) may not contain recommen-
dations for sanctions, in accordance with applicable law.
Clarification of Existing Requirements
The Board adopted rules in the November 6, 2009, issue of
the Texas Register (34 TexReg 7818) establishing specific pro-
cedures and requirements for individuals wishing to make an
oral presentation to the Board regarding a PFD. The adoption of
these requirements stemmed from Board deliberation and dis-
cussion at its regularly scheduled April 2009 meeting regarding
its practice of allowing individuals to make oral presentations re-
PROPOSED RULES May 18, 2012 37 TexReg 3661
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Texas. Secretary of State. Texas Register, Volume 37, Number 20, Pages 3645-3760, May 18, 2012, periodical, May 18, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth243949/m1/17/: accessed April 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.