2005 Texas Occupations Code CHAPTER 259. PROHIBITED OR RESTRICTED COMMERCIAL OR PROFESSIONAL ACTIVITIES

OCCUPATIONS CODE

CHAPTER 259. PROHIBITED OR RESTRICTED COMMERCIAL OR PROFESSIONAL 
ACTIVITIES


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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.
	(c)  A person using a business or trade name described by 
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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.087(a), eff. Sept. 1, 
2001.


	§ 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.
	(c)  A statute relating to the practice of dentistry in this 
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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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.
	(c)  For the first violation of the board's advertising 
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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.088(a), eff. Sept. 1, 
2001.