Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 5 - STATE BOARD OF DENTAL EXAMINERS › Chapter 108 - PROFESSIONAL CONDUCT › Subchapter E - BUSINESS PROMOTION › Section 108.57 - False, Misleading or Deceptive Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  dentist has a duty to communicate truthfully. Professionals have a duty to be
				  honest and trustworthy in their dealings with people. The dentist's primary
				  obligations include respecting the position of trust inherent in the
				  dentist-patient relationship, communicating truthfully and without deception,
				  and maintaining intellectual integrity. In order to properly serve the public,
				  dentists should represent themselves in a manner that contributes to the esteem
				  of the profession. Dentists shall not misrepresent their training and
				  competence in any way that would be false or misleading in any material
				  respect. Dentists shall not advertise or solicit patients in any form of
				  communication in a manner that is false, misleading, deceptive, or not readily
				  subject to verification.
(b)
				  Published Communications. A dental health article, message or newsletter
				  published in print or electronic media under a dentist's byline to the public
				  must make truthful disclosure of the source and authorship of the publication.
				  If compensation was made for the published communication, a disclosure that the
				  communication is a paid advertisement shall be made. If the published
				  communication fails to make truthful disclosure of the source, authorship and
				  if compensation was made, that the communication is a paid advertisement, the
				  dentist is engaged in making a false or misleading representation to the public
				  in a material respect. If the published communication is designed to give rise
				  to questionable expectations for the purpose of inducing the public to utilize
				  the services of the sponsoring dentist, the dentist is engaged in making a
				  false or misleading representation to the public in a material respect.
(c) Examples. In addition to the
				  plain and ordinary meaning of the provision set forth throughout these
				  guidelines, additional examples of advertisements that may be false,
				  misleading, deceptive, or not readily subject to verification include but are
				  not limited to:
(1) making a material
				  misrepresentation of fact or omitting a fact necessary to make a statement as a
				  whole not materially misleading;
(2) intimidating or exerting undue pressure
				  or undue influence over a prospective patient;
(3) appealing to an individual's anxiety in
				  an excessive or unfair way;
(4)
				  claiming to provide or perform dental work without pain or discomfort to the
				  patient;
(5) implying or
				  suggesting superiority of materials or performance of professional services;
(6) comparing a health care
				  professional's services with another health care professional's services unless
				  the comparison can be factually substantiated;
(7) communicating an implication, prediction
				  or suggestion of any guarantee of future satisfaction or success of a dental
				  service or otherwise creating unjustified expectations concerning the potential
				  result of dental treatment. The communication of a guarantee to return a fee if
				  the patient is not satisfied with the treatment rendered is not considered
				  false, misleading deceptive or not readily subject to verification under this
				  rule;
(8) containing a testimonial
				  from a person who is not a patient of record or that includes false, misleading
				  or deceptive statements, or which is not readily subject to verification, or
				  which fails to include disclosures or warnings as to the identity and
				  credentials of the person making the testimonial;
(9) referring 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;
(10) causing
				  confusion or misunderstanding as to the credentials, education, or licensing of
				  a health care professional;
(11)
				  representing in the use of a professional name a title or professional
				  identification that is expressly or commonly reserved to or used by another
				  profession or professional;
(12)
				  failing to make truthful disclosure of the source and authorship of any message
				  published under a dentist's byline;
(13) communicating an implication or
				  suggestion that a service is free or discounted when the fee is built in to a
				  companion procedure provided to the patient and charged to the patient; and
(14) communicating statistical
				  data, representations, or other information that is not subject to reasonable
				  verification by the public.