reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter A - PROFESSIONAL RESPONSIBILITY › Section 108.16 - Teledentistry

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Pursuant to Texas Occupations
				  Code Chapter 111, and Texas Occupations Code §
										254.001(a),
				  the Board is authorized to adopt rules relating to the practice of dentistry,
				  including teledentistry dental services. This section establishes the standards
				  of practice for teledentistry.
(b)
				  Definition. "Teledentistry dental service" is defined in Texas Occupations Code
				  §
										111.001
				  (2-a).
(c) Prevention of Fraud and
				  Abuse. Dentists who utilize teledentistry dental services must adopt protocols
				  to prevent fraud and abuse through the use of teledentistry dental
				  services.
(d) Complaints to the
				  Board. Dentists who utilize teledentistry dental services must provide notice
				  of how patients may file a complaint with the Board. Content and method of the
				  notice must contain the same information as set out in §108.3(a)(2) - (3)
				  of this title (relating to Consumer Information).
(e) Practice of Teledentistry.
(1) A dentist, dental hygienist, or dental
				  assistant who delivers teledentistry services to a patient located in Texas
				  must hold an active Texas license or registration issued by the
				  Board.
(2) A dental health
				  professional providing a dental health care service or procedure as a
				  teledentistry dental service:
(A) is subject
				  to the same standard of care that would apply to the provision of the same
				  dental health care service or procedure in an in-person setting as established
				  in §
												108.7
				  of this title (relating to Minimum Standard of Care, General);
(B) must establish a practitioner-patient
				  relationship; and
(C) must maintain
				  complete and accurate dental records as set out in §
												108.8 of
				  this title (relating to Records of the Dentist).
(3) A dentist may simultaneously delegate to
				  and supervise through a teledentistry dental service not more than five health
				  professionals who are not dentists.
(4) Adequate measures must be implemented to
				  ensure that patient communications, recordings, and records are protected
				  consistent with federal and state privacy laws.
(5) Any individual may provide any
				  photography or digital imaging to a Texas licensed dentist or Texas licensed
				  dental hygienist for the sole and limited purpose of screening, assessment, or
				  examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter B - SANITATION AND INFECTION CONTROL › Section 108.20 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of rules contained in this subchapter is to
					 establish proper sterilization, disinfection, and other infection control
					 procedures in the practice of dentistry. Failure of a dental health care worker
					 to practice and maintain these procedures constitutes a significant danger to
					 public health and safety. Any violation of these rules regarding infection
					 control in this subchapter and other applicable statutes, rules, or regulations
					 that may be incorporated by reference herein or that may apply otherwise
					 through federal or state mandate or regulation shall be considered a failure to
					 safeguard the public interest and thus shall constitute, at a minimum,
					 negligence in the performance of dental services and failure to use proper
					 diligence in the conduct of a dental practice, pursuant to Section 263.002,
					 Dental Practice Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter B - SANITATION AND INFECTION CONTROL › Section 108.21 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
A person practicing dentistry in the State of Texas must
					 maintain the entire dental office in a clean and sanitary condition, and such
					 premises shall be maintained in full compliance with all health requirements of
					 the city or county, or both, in which such office or premises is located and in
					 conformity with the health laws of the State of Texas; further, a dentist shall
					 provide restroom facilities for staff and patients and use properly sterilized
					 instruments and clean supplies.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter B - SANITATION AND INFECTION CONTROL › Section 108.22 - Access to Dental Office

Current through Reg. 49, No. 28; July 12, 2024
A person practicing dentistry in the State of Texas shall,
					 upon demand by the officers, agents or employees of the State Board of Dental
					 Examiners acting pursuant to a sanitation complaint, grant immediate access to
					 the entire dental office premises to those persons making such demand. Failure
					 to grant such access may subject a practitioner to temporary license
					 suspension, pursuant to Section 263.004 of the Dental Practice
					 Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter B - SANITATION AND INFECTION CONTROL › Section 108.23 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or terms, when used in Subchapter B,
					 Sanitation and Infection Control, shall have the following meanings, unless the
					 context clearly indicates otherwise. The definitions of the terms health care
					 worker, exposure-prone, invasive-procedure, and universal precautions, as those
					 terms are defined in the Texas Health and Safety Code, §
										85.202, as amended
					 Acts 72nd Legislature, First Called Session, Section 36, Chapter 41 (1991),
					 (hereinafter referenced as "THSC, § ...") and guidelines from the Centers
					 for Disease Control, ("CDC") as applied to the practice of dentistry, are
					 incorporated herein by reference.
(1)
				  Barrier techniques--the use of protective items against infection-transmission
				  during any intraoral or invasive procedure to include appropriate gloves for
				  the procedure performed. This definition shall include protective eye wear and
				  nasal/oral masks when "splash, spatter, or aerosol" of body fluids is possible
				  or expected.
(2) Disinfection--the
				  partial elimination of active growth stage bacteria and the inactivation of
				  some viruses. The potential for infections remains after disinfection,
				  including infection with M. tuberculosis, hepatitis A virus (HAV) and hepatitis
				  B virus (HBV). The human immunodeficiency virus (HIV) may also remain active
				  following disinfection.
(3)
				  Sterilization--a process by which all forms of life within a defined
				  environment are completely destroyed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter B - SANITATION AND INFECTION CONTROL › Section 108.24 - Required Sterilization and Disinfection

Current through Reg. 49, No. 28; July 12, 2024
(a) Sterilization is required for all
				  surgical and other instruments that may be used intraorally or extraorally,
				  where these instruments may be used invasively or in contact with or
				  penetration of soft tissue, bone or other hard tissue. Other nonsurgical
				  instruments, such as plastic instruments, that may come into contact with
				  tissue must be disinfected with an American Dental Association-registered
				  solution that is tuberculocidal.
(b) All instruments subject to sterilization
				  must undergo at least one of the following procedures:
(1) Steam autoclave
(2) Chemical Vapor
(3) Dry-heat oven
(4) Ethylene oxide
(5) Chemical sterilant (used in dilution
				  amounts and time periods according to manufacturer's recommendations or
				  accepted OSHA standards). Sterilization equipment and its adequacy shall be
				  tested and verified in accord with American Dental Association (ADA)
				  recommendations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter D - MOBILE DENTAL FACILITIES › Section 108.40 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Beginning
				  September 1, 2001, every mobile dental facility, and, except as provided
				  herein, every portable dental unit operated in Texas by any entity must have a
				  permit as provided by this title (relating to Mobile Dental
				  Facilities).
(b) Licensees who do
				  not have a permit for a portable dental unit or who are employed by a dental
				  organization not having a portable dental unit permit may provide dental
				  services through use of dental instruments and equipment taken out of a dental
				  office without a permit if;
(1) the service
				  is provided as emergency treatment;
(2) a patient of record of the licensee or
				  organization is treated outside of the dental office;
(3) treatment is provided to residents of
				  nursing homes or convalescent facilities; or
(4) treatment is provided without charge to
				  patients or to any third party payer, so long as such treatment is not provided
				  on a regular basis.
(5)
				  anesthesia/sedation services are provided and the licensee is permitted to
				  provide portable anesthesia services under the provisions of Rule 108.33 of
				  this title (relating to Sedation/Anesthesia Permit); or
(6) the service is provided in an office of
				  another licensed dentist.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter D - MOBILE DENTAL FACILITIES › Section 108.41 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in Subchapter D,
					 Mobile Dental Facilities, shall have the following meanings, unless the context
					 clearly indicates otherwise;
(1)
				  Mobile Dental Facility--any self-contained facility in which dentistry will be
				  practiced which may be moved, towed, or transported from one location to
				  another.
(2) Portable Dental
				  Unit--any non-facility in which dental equipment, utilized in the practice of
				  dentistry, is transported to and utilized on a temporary basis at an
				  out-of-office location including, but not limited to, patients' homes, schools,
				  nursing homes, or other institutions.
(3) Permit Holder--a licensed Texas dentist
				  or an organization authorized by the Dental Practice Act to employ licensed
				  Texas dentists to whom the permit is issued as provided by this title (relating
				  to Mobile Dental Facilities and Portable Dental Units), or an organization not
				  otherwise included herein that demonstrates to the SBDE that it is an
				  appropriate entity to provide mobile or portable dental services.
(4) Session--a period of time during which
				  personnel associated with a permitted facility or unit are available to provide
				  dental services at a location.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter D - MOBILE DENTAL FACILITIES › Section 108.42 - Obtaining a Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed
				  Texas dentist, an organization authorized by the Dental Practice Act or other
				  organization as defined by rule 108.41 (3) of this title (relating to
				  Definitions) and approved by the SBDE wishing to operate a mobile dental
				  facility or a portable dental unit, shall apply to the State Board of Dental
				  Examiners (SBDE) for a permit on a form provided by the Board and pay an
				  application fee in an amount set by the Board. A governmental or educational
				  entity may obtain a single permit, respectively, for all facilities; or all
				  units listed on an application.
(b)
				  A completed application form submitted to the SBDE with all questions answered
				  will be reviewed and if all the requirements listed in this section are met, a
				  permit will be issued. All applications must include:
(1) an address of record that is not a Post
				  Office Box; and,
(2) the name and
				  address of the permit holder.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter D - MOBILE DENTAL FACILITIES › Section 108.43 - Operating Requirements for Permitted Mobile Dental Facilities or Portable Dental Units

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit holder
				  is required to operate a permitted Mobile Dental Facility or Portable Dental
				  Unit in compliance with all state statutes and regulations. Further, all permit
				  holders shall;
(1) in writing, notify the
				  SBDE of a change in any address required in Rule 108.42 (b)(1) of this title
				  (relating to Obtaining a Permit) within 60 days of the change;
(2) prominently display all dental and dental
				  hygienist licenses and current registration certificates, Mobile Dental
				  Facilities or Portable Dental Unit permits, or copies of permits if one permit
				  is issued for multiple facilities or units, a consumer information sign as
				  described in Rule 108.5 of this title (relating to Consumer Information) in
				  compliance with the Dental Practice Act and/or the Rules and Regulations of the
				  SBDE, provided, however, that a licensee may display a duplicate registration
				  certification obtained from the SBDE;
(3) maintain, in full compliance with all
				  record-keeping requirements contained in these rules, all dental records and
				  official records at the official address of record for the facility or
				  unit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.50 - Objectives of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to provide guidelines for communications to the public,
				  including but not limited to advertising, professional communications and
				  referral services.
(b) As
				  professionals, dentists have the duty to communicate truthfully and without
				  deception to the public.
(c) It is
				  hereby declared that the sections, clauses, sentences and parts of this
				  subchapter are severable, are not matters of mutual essential inducement, and
				  any of them shall be removed if this subchapter would otherwise be
				  unconstitutional or ineffective. If any one or more sections, clauses,
				  sentences or parts shall for any reasons be questioned in any court, and shall
				  be adjudged unconstitutional or invalid, such judgment shall not affect, impair
				  or invalidate the remaining provisions thereof, but shall be confined in its
				  operation to the specific provision or provisions so held unconstitutional or
				  invalid, and the inapplicability or invalidity of any section, clause, sentence
				  or part in any one or more instances shall not be taken to affect or prejudice
				  in any way its applicability or validity in any other instance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter
					 shall have the following meanings unless the contents clearly indicate
					 otherwise.
(1)
				  Advertisements--Information communications made directly or indirectly by
				  publication, dissemination, solicitation, endorsement or circulation or in any
				  other way to attract directly or indirectly any person to enter into an express
				  or implied agreement to accept dental services or treatment related thereto.
				  Advertising may include oral, written, broadcast and other types of
				  communications disseminated by or at the behest of a dentist. The
				  communications include, but are not limited to, those made to patients,
				  prospective patients, professionals or other persons who might refer patients,
				  and to the public at large. Advertisements include electronic media and print
				  media.
(2) Electronic
				  Media--Radio, television and the Internet.
(3) Location Signage--Signage adhered to the
				  physical building at which a dental office is located or at the entry to a
				  shopping park or parking lot that is intended as an indicator for the public to
				  physically locate the dental office.
(4) Patient of Record--A patient who has been
				  examined and diagnosed by a licensed dentist and whose treatment has been
				  planned by a licensed dentist.
(5)
				  Print Media--Newspapers, magazines, periodicals, professional journals,
				  telephone directories, circulars, handbills, flyers and other similar documents
				  or comparable publications, the content of which is disseminated by means of
				  the printed word. "Print media" shall also include stationery and business
				  cards.
(6) Testimonial--An
				  attestation or implied attestation to the competence of a dentist's services or
				  treatment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.52 - Names and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Disclosure
				  of Full Name.
(1) Any person who practices
				  dentistry under any name or trade name must provide full and outward disclosure
				  of his full name as it appears on his license or renewal certificate issued by
				  the board, or his commonly used name.
(2) Any person who owns, maintains, or
				  operates an office or place of business in which the person employs or engages
				  under any type of contract another person to practice dentistry, either
				  directly or indirectly, under any name or trade name must provide full and
				  outward disclosure of his full name as it appears on his license or renewal
				  certificate issued by the board, or his commonly used name.
(3) Any person who holds himself out to the
				  public, directly or indirectly, as soliciting patronage or as being qualified
				  to practice dentistry in the state of Texas under any name or trade name must
				  provide full and outward disclosure of his full name as it appears on his
				  license or renewal certificate issued by the board, or his commonly used name.
(4) Any person who operates,
				  manages, or is employed in any facility where dental service is rendered or
				  conducted under any name or trade name must provide full and outward disclosure
				  of his full name as it appears on the license or renewal certificate issued by
				  the board, or his commonly used name.
(5) Any person who practices dentistry must
				  display his full name as it appears on his license or renewal certificate
				  issued by the board, or his commonly used name, outside the primary entry of
				  each location at which he practices dentistry.
(6) If the names of auxiliary personnel, such
				  as dental hygienists or dental assistants, are displayed in any manner or in
				  any advertising, the auxiliary personnel must be clearly identified by title,
				  along with the name of a supervising dentist.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.53 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Dentists shall not represent or
				  advertise the fees they charge in a false or misleading manner. Dentists shall
				  state availability and price of goods, appliances or services in a clear and
				  non-deceptive manner and include all material information to fully inform
				  members of the general public about the nature of the goods, appliances or
				  services offered at the announced price.
(b) Fee-Splitting. No dentist or any other
				  licensee or registrant shall divide, share, split or allocate, either directly
				  or indirectly, any fee for dental services, appliances, or materials with
				  another dentist or with a physician, except upon a division of services or
				  responsibility and with the prior knowledge and written approval of the
				  patient.
(c) Disclosures. An
				  advertisement which includes the price of dental services shall disclose:
(1) the professional service being offered in
				  the advertisement;
(2) any related
				  services which are usually required in conjunction with the advertised services
				  and for which additional fees may be charged;
(3) a disclosure statement that the fee is a
				  minimum fee and that the charges may increase depending on the treatment
				  required;
(4) the dates upon which
				  the advertised service will be available at the advertised price;
(5) when a service is advertised at a
				  discount, the standard fee of the service and whether the discount is limited
				  to a cash payment; and
(6) if the
				  advertisement quotes a range of fees for a service, the advertisement shall
				  contain all the basic considerations upon which the actual fee shall be
				  determined.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.54 - Advertising of Specialties

Current through Reg. 49, No. 28; July 12, 2024
(a) Recognized
				  Specialties. A dentist may advertise as a specialist or use the terms
				  "specialty" or "specialist" to describe professional services in recognized
				  specialty areas that are:
(1) recognized by a
				  board that certifies specialists in the area of specialty; and
(2) accredited by the Commission on Dental
				  Accreditation of the American Dental Association.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.55 - Advertising for General Dentists

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  dentist whose license is not limited to the practice of an ADA recognized
				  specialty identified under §108.54(b)(1) - (12) of this subchapter
				  (relating to Advertising of Specialties), may advertise that the dentist
				  performs dental services in those specialty areas of practice, but only if the
				  advertisement also includes a clear disclosure that he/she is a general
				  dentist.
(b) Any advertisement of
				  any specific dental service or services by a general dentist shall include the
				  notation "General Dentist" or "General Dentistry" directly after the name of
				  the dentist. The notation shall be in a font size no smaller than the largest
				  font size used to identify the specific dental services being advertised. For
				  example, a general dentist who advertises "ORTHODONTICS" and "DENTURES" and/or
				  "IMPLANTS" shall include a disclosure of "GENERAL DENTIST" or "GENERAL
				  DENTISTRY" in a font size no smaller than the largest font size used for terms
				  'orthodontics,' 'dentures' and/or 'implants.' Any form of broadcast advertising
				  by a general dentist (radio, television, promotional DVDs, etc) shall include
				  either "General Dentist" or "General Dentistry" in a clearly audible
				  manner.
(c) A general dentist is
				  not prohibited from listing services provided, so long as the listing does not
				  imply specialization. A listing of services provided shall be separate and
				  clearly distinguishable from the dentist's designation as a general
				  dentist.
(d) The provisions of this
				  rule shall not be required for professional business cards or professional
				  letterhead.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.56 - Certifications, Degrees, Fellowships, Memberships and Other Credentials

Current through Reg. 49, No. 28; July 12, 2024
(a) Dentists may advertise credentials earned
				  in dentistry so long as they avoid any communications that express or imply
				  specialization in a recognized specialty, or specialization in an area of
				  dentistry that is not recognized as a specialty, or attainment of an earned
				  academic degree.
(b) A listing of
				  credentials shall be separate and clearly distinguishable from the dentist's
				  designation as a dentist. A listing of credentials may not occupy the same line
				  as the dentist's name and designation as a dentist. Any use of abbreviations to
				  designate credentials shall be accompanied by a definition of the acronym
				  immediately following the credential.
Attached
					 Graphic
(c) The
				  provisions of subsection (b) of this section shall not be required in materials
				  not intended for business promotion or public dissemination, such as
				  peer-to-peer communications.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.58 - Solicitation, Referrals and Gift Schemes

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This rule prohibits conduct which violates §§102.001 - 102.011 and
				  §259.008(8), of the Texas Occupations Code. A licensee shall not offer,
				  give, dispense, distribute or make available to any third party or aid or abet
				  another so to do, any cash, gift, premium, chance, reward, ticket, item, or
				  thing of value for securing or soliciting patients. A licensee may offer, give,
				  dispense, distribute or make available directly to a potential patient, a
				  non-cash gift valued at no more than ten dollars to secure or solicit the
				  potential patient.
(b) This rule
				  shall not be construed to prohibit a licensee from offering, giving,
				  dispensing, distributing or making available to any patient of record any cash
				  premium, chance, reward, ticket, item or thing of value for the continuation of
				  that relationship as a patient of that licensee. The cash premium, chance,
				  reward, ticket, item or thing of value cannot be for the purpose of soliciting
				  new patients.
(c) This rule shall
				  not be construed to prohibit remuneration for advertising, marketing, or other
				  services that are provided for the purpose of securing or soliciting patients,
				  provided the remuneration is set in advance, is consistent with the fair market
				  value of the services, and is not based on the volume or value of any patient
				  referrals.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.59 - Website Disclosures

Current through Reg. 49, No. 28; July 12, 2024
Dental practice websites should clearly disclose:
(1) ownership of the website;
(2) services provided;
(3) office addresses and contact information;
				  and
(4) licensure and
				  qualifications of dentist(s) and associated health care providers.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.60 - Record Keeping of Advertisements

Current through Reg. 49, No. 28; July 12, 2024
(a) Retention
				  of broadcast, print and electronic advertising. A pre-recorded copy of all
				  broadcast advertisements, a copy of print advertisements and a copy of
				  electronic advertisements shall be retained for four years following the final
				  appearance or communication of the advertisement. In addition, the dentist
				  shall document the date the dentist discovered that he or she had placed a
				  false or misleading advertisement, as well as the date and substance of all
				  corrective measures the dentist took to rectify false or misleading
				  advertisements. The dentist shall maintain documentation of all corrective
				  measures for four years following the most recent appearance or communication
				  of the advertisement which the dentist discovered was inaccurate.
(b) The advertising dentist shall be
				  responsible for making copies of the advertisement available to the board if
				  requested.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.61 - Grounds and Procedures for Disciplinary Action for Advertising Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with the Board's statutory
				  and regulatory authority authorizing disciplinary action and denial of
				  licensure for advertising 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" consist of
				  expressions explicitly or implicitly authorized by a licensee, or applicant for
				  licensure, which are false or misleading as otherwise referenced 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 licensure.
(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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.62 - Awards, Honors and Recognitions

Current through Reg. 49, No. 28; July 12, 2024
(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 Quarterly'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
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.63 - Advertisement and Education by Unlicensed Clinicians

Current through Reg. 49, No. 28; July 12, 2024
(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, dental hygiene schools, medical schools or colleges.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter F - CONTRACTUAL AGREEMENTS › Section 108.70 - Improper Influence on Professional Judgment

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes of this rule, the term
				  dentist shall include the following:
(1) a
				  dentist licensed by the State Board of Dental Examiners;
(2) a professional corporation wholly owned
				  by one or more dentists;
(3) other
				  entities that provide dental services and are owned by one or more
				  dentists.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter F - CONTRACTUAL AGREEMENTS › Section 108.71 - Providing Copies of Certain Contracts

Current through Reg. 49, No. 28; July 12, 2024
Upon written request by the State board of Dental Examiners
					 (Board), a dentist or dental organization that contracts with any entity that
					 provides management services or pays all or part of any patient charges must,
					 within fourteen (14) days of receipt of the request, provide copies as
					 requested to the Board of any of the following:
(1) all documents that constitute the
				  contract, and all documents referenced by the contract, including all
				  amendments and addenda;
(2) billing
				  statements sent to patients and third party payers;
(3) information sent to patients concerning
				  services rendered and concerning the right, if any, for the contracting entity
				  to bill and collect fees for dental services; and
(4) copies of documentation, if any, offered
				  by or required of the contracting entity to potential investors in the
				  entity.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter F - CONTRACTUAL AGREEMENTS › Section 108.72 - Dental Custodian of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  owner, shareholder, partner, or executive officer of a clinic or other entity
				  that provides dental services for the public shall designate a licensed Texas
				  dentist as the dental custodian of records. The dental custodian of records
				  shall provide records to the Board, a dentist who has provided dental
				  treatment, and patients in accordance with Texas Occupations Code §§
										258.0511,
				  258.109,
				  261.055,
				  263.008 and § 108.8
				  of this chapter (relating to Records of the Dentist), and other law regulating
				  dental patient records.
(b) A
				  dental custodian of records shall furnish copies of dental records on demand by
				  the officers, agents, or employees of the State Board of Dental Examiners. The
				  patient's privilege against disclosure does not apply to the Board in a
				  disciplinary investigation or proceeding under the Dental Practice
				  Act.
(c) A dental custodian of
				  records shall make dental records available for inspection and reproduction to
				  a dentist who has provided dental treatment.
(1) A dentist who has provided dental
				  treatment shall request access to dental records in writing.
(2) A dental custodian of records shall make
				  dental records available for inspection and reproduction within 15 days of the
				  written request.
(3) The right of
				  access shall be maintained regardless of employment status.
(4) The requirement to provide access to
				  records shall not be modified or waived by agreement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter F - CONTRACTUAL AGREEMENTS › Section 108.73 - Dental Service Organizations

Current through Reg. 49, No. 28; July 12, 2024
Upon written request by the Board, a dental service
					 organization, as defined by § 254.019(c) of the Dental Practice Act, shall
					 provide to the Board the address of the locations where the organization
					 provides dental services in this state and the name of each dentist providing
					 dental services at each location.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter F - CONTRACTUAL AGREEMENTS › Section 108.74 - Call Coverage Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this rule is to set forth minimum requirements relating
				  to a dentist's provision of call coverage services for another dentist's
				  established patients.
(b) Scope.
				  This rule applies to all dentists providing call coverage in Texas, regardless
				  of the nature and scope of technology being used to provide care to patients
				  through the call coverage relationship.
(c) Dentists may provide dental services
				  through a call coverage agreement (CCA) to established patients of another
				  dentist. The CCA may be oral or written.
(d) The covering dentist must provide to the
				  patient's dentist of record who is a party to the CCA a report about the dental
				  intervention or advice provided. The parties to the CCA can determine the
				  timing and method in which the report is provided and who should receive the
				  report.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 110 - SEDATION AND ANESTHESIA › Section 110.2 - Sedation/Anesthesia Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A dentist
				licensed under Chapter 101 of this title shall obtain an anesthesia permit for
				the following anesthesia procedures used for the purpose of performing
				dentistry:
(1) Nitrous Oxide/Oxygen
				inhalation sedation;
(2) Level 1:
				Minimal sedation;
(3) Level 2:
				Moderate sedation limited to enteral routes of administration;
(4) Level 3: Moderate sedation which includes
				parenteral routes of administration; or
(5) Level 4: Deep sedation or general
				anesthesia.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 110 - SEDATION AND ANESTHESIA › Section 110.3 - Nitrous Oxide/Oxygen Inhalation Sedation

Current through Reg. 49, No. 28; July 12, 2024
(a) Education and Professional Requirements.
				A dentist applying for a nitrous oxide/oxygen inhalation sedation permit shall
				meet one of the following educational/professional criteria:
(1) satisfactory completion of a
				comprehensive training program consistent with that described for nitrous
				oxide/oxygen inhalation sedation administration in the American Dental
				Association (ADA) Guidelines for Teaching Pain Control and Sedation to Dentists
				and Dental Students. This includes a minimum of fourteen (14) hours of
				training, including a clinical component, during which competency in inhalation
				sedation technique is achieved. Acceptable courses include those obtained from
				academic programs of instruction recognized by the ADA Commission on Dental
				Accreditation (CODA); or courses approved and recognized by the ADA Continuing
				Education Recognition Program (CERP); or courses approved and recognized by the
				Academy of General Dentistry (AGD) Program Approval for Continuing Education
				(PACE);
(2) satisfactory completion
				of an ADA/CODA approved or recognized pre-doctoral dental or postdoctoral
				dental training program which affords comprehensive training necessary to
				administer and manage nitrous oxide/oxygen inhalation sedation; or
(3) is a Texas licensed dentist, has a
				current Board-issued nitrous oxide/oxygen inhalation sedation permit, and has
				been using nitrous oxide/oxygen inhalation sedation in a competent manner
				immediately prior to the implementation of this chapter on June 1, 2011. Any
				dentist whose Board-issued nitrous oxide/oxygen inhalation sedation permit is
				active on June 1, 2011 shall automatically continue to hold this
				permit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 110 - SEDATION AND ANESTHESIA › Section 110.4 - Minimal Sedation

Current through Reg. 49, No. 28; July 12, 2024
(a) Education and
				Professional Requirements. A dentist applying for a Level 1 Minimal Sedation
				permit shall meet one of the following educational/professional criteria:
(1) satisfactory completion of training to
				the level of competency in minimal sedation consistent with that prescribed in
				the American Dental Association (ADA) Guidelines for Teaching Pain Control and
				Sedation to Dentists and Dental Students, or a comprehensive training program
				in minimal sedation that satisfies the requirements described in the ADA
				Guidelines for Teaching Pain Control and Sedation to Dentists and Dental
				Students. This includes a minimum of sixteen (16) hours of didactic training
				and instruction in which competency in enteral and/or combined
				inhalation-enteral minimal sedation technique is demonstrated; or
(2) satisfactory completion of an advanced
				education program accredited by the ADA Commission on Dental Accreditation
				(CODA) that affords comprehensive training necessary to administer and manage
				minimal sedation, commensurate with the ADA's Guidelines for Teaching Pain
				Control and Sedation to Dentists and Dental Students; or
(3) is a Texas licensed dentist, has a
				current Board-issued enteral permit, and has been using minimal sedation in a
				competent manner immediately prior to the implementation of this chapter on
				June 1, 2011. Any Texas licensed dentist who was issued an enteral sedation
				permit before June 1, 2011 and whose enteral sedation permit was active on June
				1, 2011 shall automatically have the permit reclassified as a Level 1 Minimal
				Sedation permit on June 1, 2011. A Texas licensed dentist whose permit is
				reclassified from an enteral sedation permit to a Level 1 Minimal Sedation
				permit on June 1, 2011 may continue to administer enteral sedation until
				January 1, 2013. On or before January 1, 2013, the dentist shall either provide
				proof that adequate education has been obtained by submitting an application
				for a Level 2 permit on or before that date, or shall comply with the
				requirements of a Level 1 permit after that date. A dentist shall always follow
				the standard of care and clinical requirements for the level of sedation he or
				she is performing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 110 - SEDATION AND ANESTHESIA › Section 110.5 - Moderate Sedation

Current through Reg. 49, No. 28; July 12, 2024
(a) Education and
				Professional Requirements.
(1) A dentist
				applying for a Level 2 Moderate Sedation permit (limited to enteral route of
				administration) must satisfy at least one of the following
				educational/professional criteria:
(A)
				satisfactory completion of a comprehensive training program consistent with
				that described for moderate enteral sedation in the American Dental Association
				(ADA) Guidelines for Teaching Pain Control and Sedation to Dentists and Dental
				Students. This includes a minimum of twenty-four (24) hours of instruction,
				plus management of at least ten (10) case experiences in enteral moderate
				sedation. These ten (10) case experiences must include at least three live
				clinical dental experiences managed by participants in groups of no larger than
				five (5). The remaining cases may include simulations and/or video
				presentations, but must include one experience in returning (rescuing) a
				patient from deep to moderate sedation; or
(B) satisfactory completion of an advanced
				education program accredited by the ADA Commission on Dental Accreditation
				(CODA) that affords comprehensive and appropriate training necessary to
				administer and manage enteral moderate sedation, commensurate with the ADA's
				Guidelines for Teaching Pain Control and Sedation to Dentists and Dental
				Students; or
(C) is a Texas
				licensed dentist who was issued an enteral sedation permit before June 1, 2011
				and whose enteral sedation permit was active on June 1, 2011. Dentists in this
				category shall automatically have their permit reclassified as a Level 1
				Minimal Sedation permit on June 1, 2011. A Texas licensed dentist whose permit
				is reclassified from an enteral sedation permit to a Level 1 Minimal Sedation
				permit on June 1, 2011 may continue to administer enteral sedation until
				January 1, 2013. On or before January 1, 2013, the dentist shall either provide
				proof that adequate education has been obtained by submitting an application
				for a Level 2 permit on or before that date, or shall comply with the
				requirements of a Level 1 permit after that date. A dentist shall always follow
				the standard of care and clinical requirements for the level of sedation he or
				she is performing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 110 - SEDATION AND ANESTHESIA › Section 110.6 - Deep Sedation or General Anesthesia

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Education and Professional Requirements.
(1)
				A dentist applying for a permit to administer deep sedation or general
				anesthesia must satisfy one of the following criteria:
(A) satisfactory completion of an advanced
				education program accredited by the American Dental Association (ADA)
				Commission on Dental Accreditation (CODA) that affords comprehensive and
				appropriate training necessary to administer and manage deep sedation or
				general anesthesia; or
(B) is a
				Texas licensed dentist who holds a current permit to administer deep sedation
				or general anesthesia issued by the Board and who has been using deep sedation
				or general anesthesia in a competent manner immediately prior to the
				implementation of this chapter on June 1, 2011. A Texas licensed dentist whose
				Board-issued permit to perform deep sedation or general anesthesia is active on
				June 1, 2011 shall automatically have the permit reclassified as a Level 4 Deep
				Sedation or General Anesthesia permit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 110 - SEDATION AND ANESTHESIA › Section 110.7 - Portability

Current through Reg. 49, No. 28; July 12, 2024
(a) A dentist who applies for the issuance or
				renewal of a sedation/anesthesia permit must include in the application a
				statement indicating whether the dentist provides or will provide a permitted
				sedation/anesthesia service in more than one location.
(b) A dentist providing sedation/anesthesia
				services in more than one location remains responsible for providing these
				services in strict compliance with all applicable laws and rules. The dentist
				shall ascertain that the location is supplied, equipped, staffed, and
				maintained in a condition to support provision of sedation/anesthesia services
				that meet the standard of care.