1. (a) A physician is authorized to use the term "board certified" in any advertising for his or her practice only if the specialty board that conferred the certification and the certifying organization is a member board of the American Board of Medical Specialties, or the Bureau of Osteopathic Specialists, or is the American Board of Oral and Maxillofacial Surgery.

2. (b) A physician is authorized to advertise that the physician is a member, fellow, diplomate, or certified by a named organization or other designation calculated to convey a similar meaning, if such designation is accurate, only if the organization meets the following requirements:

   1. (1) the organization requires all physicians who are seeking certification to successfully pass a written or an oral examination or both, which tests the applicant's knowledge and skills in the specialty or subspecialty area of medicine. All or part of the examination may be delegated to a testing organization. All examinations require a psychometric evaluation for validation;
   2. (2) the organization has written proof of a determination by the Internal Revenue Service that the certifying board is tax exempt under the Internal Revenue Code pursuant to Section 501(c);
   3. (3) the organization has a permanent headquarters and staff;
   4. (4) the organization has at least 100 duly licensed members, fellows, diplomates, or certificate holders from at least one-third of the states; and
   5. (5) the organization requires all physicians who are seeking certification to have satisfactorily completed identifiable and substantial training in the specialty or subspecialty area of medicine in which the physician is seeking certification, and the organization utilizes appropriate peer review. This identifiable training shall be deemed acceptable unless determined by the Texas Medical Board to be inadequate in scope, content, and duration in that specialty or subspecialty area of medicine in order to protect the public health and safety.
3. (c) A physician may not authorize the use of or use the term "board certified" if the claimed board certification has expired and has not been renewed at the time the advertising in question was ordered.
4. (d) The terms "board eligible," "board qualified," or any similar words or phrase calculated to convey the same meaning may not be used in physician advertising.
5. (e) A physician's authorization of or use of the term "board certified", or any similar words or phrase calculated to convey the same meaning in any advertising for his or her practice shall constitute misleading or deceptive advertising unless the specialty board which conferred the certification and the certifying organization meet the requirements in subsection (a) of this section.
6. (f) A physician may advertise a field of interest if the physician is certified by, or a member, fellow, or diplomate of an organization that meets the requirements of subsection (a) or (b) of this section.
7. (g) A board certified physician who advertises board certification may advertise a field of interest that is different from the certified specialty only if the physician identifies the specialty for which the physician is board certified in an equal size of type or emphasis.
8. (h) A physician who is not board certified by, or a member, fellow, or diplomate of an organization that meets either the requirements of subsection (a) or (b) of this section may not advertise a field of interest, except that the physician may advertise that his or her practice is "limited to" a certain practice area.

Source Note:The provisions of this §164.4 adopted to be effective March 8, 2001, 26 TexReg 1863; amended to be effective May 2, 2004, 29 TexReg 3962; amended to be effective July 3, 2007, 32 TexReg 3992.