Section 108.2 - Fair Dealing(a) The dentist has special knowledge which a dental patient does not have; therefore, to avoid misunderstanding, the dentist shall advise a patient, before beginning treatment, of the proposed treatment, and any reasonable alternatives, in a manner that allows the patient to become involved in treatment decisions.(b) Such advice shall include, at a minimum: (1) the nature and extent of the treatment needed by such patient;(2) the approximate time required to perform the recommended dental treatment and services;(3) the terms and conditions of the payment of his fee; and(4) any further or additional service or returns by the patient or adjustments, repair, or consultation and the time within which this shall occur.(c) On the written request of a patient, the licensed dentist shall provide, in plain language, a written explanation of the charges for professional services previously made on a bill or statement for the patient. For this rule, the term "plain language" means language that avoids terms of art or usage of words having specialized meaning in a context typically understood only by health care professionals.(d) Neither the dentist nor his employee(s) shall mislead dental patients as to the gravity or lack thereof of such patient's dental needs.(e) A dentist shall not flagrantly or persistently overcharge, overdiagnose, or overtreat a patient. For this rule the meaning of the term "overcharge" includes, but is not limited to, collecting or attempting to collect a fee without reasonable justification for any element of dental services provided to a patient that is in excess of the fee the dentist ordinarily charges to others for the same service.(f) A dentist may not employ an auxiliary to perform any dental procedure which he cannot personally perform.22 Tex. Admin. Code § 108.2
The provisions of this §108.2 adopted to be effective February 20, 2001, 26 TexReg 1494