- (a) This rule prohibits conduct which violates Sections 102.001 through 102.011, and Section 259.008(8), of the Occupations Code. A dental or dental hygiene 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.
- (b) 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.
(c) A referral scheme is false, misleading or deceptive, if the scheme leads dental consumers to believe that they are receiving an impartial referral, when in fact they are not. Therefore, a referral scheme or service is false, misleading or deceptive if:
- (1) The primary purpose of the referral scheme is for economic profit and the service fails to conspicuously disclose same;
- (2) Advertising procured by the referral service is paid for and the service fails to conspicuously disclose same;
- (3) Participation in the referral service is limited to those who pay to participate and the service fails to conspicuously disclose same; or
- (4) The referral service fails to conspicuously disclose the approximate number of local dentists or dental hygienists receiving referrals from said service.
Source Note:The provisions of this §108.60 adopted to be effective February 20, 2001, 26 TexReg 1494; amended to be effective December 24, 2007, 32 TexReg 9628.