Sec. 259.005. AUTHORIZED ADVERTISING RESTRICTIONS  


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  • 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, Sec. 1, eff. Sept. 1, 1999.