TSBDE Rule Update
This recurring section is designed to help TDA members keep up with important Texas State Board of Dental Examiners (TSBDE) rules, other regulations, and state law affecting their practices.
EDITORIAL STAFF Daniel L. Jones, DDS, PhD, Editor Nicole Scott, Managing Editor Billy Callis, Publications Coordinator Barb Donovan, Art Director Paul H. Schlesinger, Consultant
2014 Lawsuit Against the Texas State Board of Dental Examiners — Specialty Advertising On March 5, 2014, the American Academy of Implant Dentistry (AAID), the American Society of Dental Anesthesiologists, the American Academy of Oral Medicine, and the American Academy of Oral Facial Pain filed a lawsuit in federal district court challenging the constitutionality of 22 Texas Administrative Code §108.54 — Advertising of Specialties. The Texas State Board of Dental Examiners rule allows dentists to advertise as specialists or use the terms “specialty” or “specialist” to describe professional dental 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. The plaintiffs argue that the rule severely restricts dentists from advertising their “bona fide” credentials in dentistry. Additionally, the lawsuit contends that the rule delegates the authority to determine “specialties” and which dentists can call themselves “specialists” to the American Dental Association, a private trade association over which the state of Texas has no control.
Board of Directors Dr David H. McCarley, President Dr Craig S. Armstrong, President-elect Dr David A. Duncan, Immediate Past President Vice Presidents Dr Jerry J. Hopson (NE) Dr William S. Nantz (SE) Dr Joshua A. Austin (SW) Dr Steven J. Hill (NW) Senior Directors Dr William H. Gerlach (NE) Dr Karen A. Walters (SE) Dr John B. Mason (SW) Dr Charles W. Miller (NW) Directors Dr Dennis E. Stansbury (NE) Dr Duc “Duke” M. Ho (SE) Dr James R. Foster (SW) Dr W. Kurt Loveless (NW)
At this stage, the outcome from the lawsuit is uncertain. In the meantime, dentists need to pay close attention to compliance with the state board’s business promotion rules — 22 Texas Administrative Code (TAC) §§108.50 – 108.63. An analysis of each section of the rules is available on the TSBDE webpage under “Advocacy” on the TDA’s website. For more information, please contact TDA Policy Manager Diane Rhodes at 512-443-3675, diane@tda.org.
Dr Ron Collins, Secretary-Treasurer Dr John W. Baucum III, Speaker of the House Dr Arthur C. Morchat, Parliamentarian Dr Daniel L. Jones, Editor Mike Geeslin, Executive Director William H. Bingham, Legal Counsel
Medicaid, Continued from page 1 Medicaid/CHIP clients, but simply made available to all event participants. Despite the passage of SB 8, confusion remains about permitted marketing activities. To address the confusion, HHSC recently announced guidelines to educate dentists and other affected entities about the rules and to implement a process allowing providers to submit marketing materials to HHSC for review and approval prior to use. Information about the process for submitting marketing to HHSC for review and approval will be made available on the TMHP website. Specific information on the new marketing requirements, including examples of permissible and prohibited activities, will be included in the guidelines. Providers are first encouraged to assess their intended marketing based on the guidelines to determine if it is permissible or prohibited. If the provider is still unsure of their compliance with the new rules, they may submit provider marketing to HHSC for review and approval. Each marketing submission must be accompanied by a completed form, which will be available on the TMHP website. Providers will be required to include on the form a description of the provider marketing being submitted for review and a description of its intended use, including date and location of the planned marketing activity. HHSC will review submissions and provide a written response within 30 business days. HHSC will contact the provider if additional information is needed. If HHSC denies an approval, the provider may revise and re-submit as a new submission. HHSC’s approval is not extended to any deviations or modifications made to the marketing following the issuance of HHSC’s approval.
TDA Today (USPS 022-007) is published monthly except for December by the Texas Dental Association, 1946 S IH-35 Ste 400, Austin, Texas 78704-3698, 512-443-3675. Periodicals Postage Paid at Austin, Texas and at additional mailing offices. POSTMASTER: Send address changes to TDA TODAY, 1946 S IH-35 Ste 400, Austin, TX 78704-3698. Copyright 2014 Texas Dental Association. All rights reserved. Annual subscriptions: Texas Dental Association (TDA) members, $5. In-state American Dental Association (ADA) affiliated, $15 + tax. Out-of-state ADA affiliated, $15. In-state non-ADA affiliated, $30 + tax. Out-of-state non-ADA affiliated, $30. Single issue price: TDA members $1. In-state ADA affiliated, $3 + tax. Out-of-state ADA affiliated, $3. In-state non-ADA affiliated, $6 + tax. Out-of-state non-ADA affiliated, $6. Contributions: Manuscripts and news items of interest to the membership of the Association are solicited. Manuscripts should be typewritten, double spaced, and the original copy should be submitted. Please refer to Instructions for Contributors in the annual September Directory of the Texas Dental Journal for more information. The Information for Contributors is available at tda.org. All statements of opinion and of supposed facts are published on authority of the writer under whose name they appear and are not to be regarded as the views of the Texas Dental Association, unless such statements have been adopted by the Association. Articles are accepted with the understanding that they have not been published previously. Authors must disclose any financial or other interests they may have in products or services described in their articles. Advertisements: Publication of advertisements in this publication does not constitute a guarantee or endorsement by the Association of the quality of value of such product or of the claims made of it by its manufacturer.
Additional information on the guidelines, as well as specific examples of permitted and prohibited activities, may be found on the TDA’s Medicaid and CHIP webpage at tda.org under “Helpful Tips.”
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