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Dental marketing rules in Texas
What you can claim, how you can pay for referrals, and where Texas diverges from the federal floor. Derived from the live ruleset library.
Yes. Texas has its own dental advertising law, and Pre-Trip carries it as a live rule set, with every rule checked against the section of law it cites, checked 2026-07-29. On top of the federal rules that apply everywhere (the FTC Act, HIPAA, the TCPA, CAN-SPAM), Texas adds 11 rules of its own, listed below with the section behind each one. A clean pass here means the copy cleared both.
Texas State Board of Dental Examiners, 22 TAC Chapter 108 Subchapter E, Business Promotion (esp.
Every Texas scan also runs the always-on federal layer: FTC deceptive health claims and endorsements, TCPA consent and revocation in calls and texts. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.
The claim types Texas law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.
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FlagDo not claim to provide or perform dental work without pain or discomfort (painless, pain-free, no pain).
Per se listed example of false, misleading or deceptive advertising: claiming to provide or perform dental work without pain or discomfort to the patient. Comfort-focused phrasing (gentle, comfort-first, sedation options available) passes.
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High riskDo not guarantee, assure, or promise satisfaction, success, or a result of dental treatment.
Direct match to the prohibition on communicating any guarantee of future satisfaction or success or otherwise creating unjustified expectations concerning the potential result of dental treatment. Possible fee-return proviso unconfirmed; see notes.
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FlagDo not use superlatives implying superiority of the practice, its materials, or its services (best, number one, premier, top-rated, world-class, unmatched).
Implying or suggesting superiority of materials or performance of professional services is a listed example of misleading advertising; superlatives are rarely factually substantiable. A verifiable, attributed award may pass review.
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FlagDo not compare the practice's services or methods with other providers or conventional treatment unless the comparison can be factually substantiated.
Comparing a health care professional's services with another health care professional's services is prohibited unless the comparison can be factually substantiated. Substantiated comparisons can pass, so this routes to review.
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FlagDo not advertise specialist status in an area that is not a recognized specialty (cosmetic, implant, sedation, laser, family dentistry), or imply specialization without the rule's qualifications.
Specialist terminology is limited to the 12 specialty areas listed in 108.54(b) and to dentists meeting 108.54(c) qualifications; a dentist shall not communicate or imply specialist status without them. Cosmetic and implant dentistry are not listed areas. A credentialed specialist in a recognized area passes review.
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FlagBoard-certified and diplomate claims must trace to a specialty board qualifying under 108.54; route any such claim to credential verification.
Board certified is defined as diplomate status from a qualifying specialty board (108.54(c)); use of the phrase without that status causes confusion as to credentials (108.57(c)(10)). Legitimate diplomates may say it, so this is a verify-credential flag, not a prohibition.
22 TAC 108.54(c), 22 TAC 108.57(c)(10), http://txrules.elaws.us/rule/title22_chapter108_sec.108.57
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FlagDo not appeal to a patient's anxiety in an excessive or unfair way (scare framing around tooth loss or delayed treatment).
Appealing to an individual's anxiety in an excessive or unfair way is a listed example of misleading advertising. Intent-heavy and context-dependent; route to review.
The exposure Texas attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.
- CivilCivil penalties per violation and deceptive-practices exposure. Amounts are in the cited section.
- LicenseAdvertising violations can trigger license discipline for the facility or the provider.
What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.
Painless implants, guaranteed to last a lifetime.
A guaranteed result and an absolute promise about pain. Neither can be substantiated for a given patient, and dental boards treat both as deceptive advertising.
Guarantee and pain claims · 22 TAC Chapter 108 (Texas State Board of Dental Examiners), official Secretary of State TAC viewer
We use local anaesthetic for implant placement, and most patients report mild soreness for a few days.
Describes the procedure and the typical experience without promising this patient a result.
Texas and federal sources
- 22 TAC Chapter 108 (Texas State Board of Dental Examiners), official Secretary of State TAC viewer primary
- 22 TAC 108.57 (False, Misleading or Deceptive Advertising) primary
- 22 TAC 108.55 (Advertising for General Dentists) primary
- 22 TAC 108.54 (Advertising of Specialties) primary
- 22 TAC 108.53 (Fees) primary
- 22 TAC Chapter 108 table of contents (Subchapter E, Business Promotion) primary
- Tex. Occ. Code 259.005 (Authorized Advertising Restrictions)
- Tex. Occ. Code 259.006 (Unlawful Advertising in General)
- Tex. Occ. Code Chapter 259, official text (frame-rendered; text cross-checked via mirrors) primary
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for Texas reflects the library as of the build and changes as the law does.