SECTION 164.2. Definitions  


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  • The following words and terms, when used in this chapter, shall have the following meanings, unless the contents clearly indicate otherwise.

    (1) Advertising and advertisement--Informational communication to the public in any manner designed to attract public attention to the practice of a physician. Advertising may include oral, written, broadcast, and other types of communications disseminated by or at the behest of a physician. The communications covered include, but are not limited to, those made to patients, prospective patients, professionals or other persons who might refer patients, and to the public at large. The communications covered include signs, nameplates, professional cards, announcements, letterheads, listings in telephone directories and other directories, brochures, radio and television appearances, and information disseminated on the Internet or Web.

    (2) A testimonial--An attestation or implied attestation to the competence of a physician's service or treatment. Testimonials also include expressions of appreciation or esteem, a character reference, or a statement of benefits received. Testimonials are not limited to patient comments but may also include comments from colleagues, friends, family, actors, models, fictional characters, or other persons or entities.

    (3) Applicant--An individual physician requesting recognition of his or her certifying board for the physician's advertising purposes or a certifying board requesting recognition as an entity for its diplomates.

    (4) Application--An application is all documents and information necessary to complete an applicant's request including the following:

    (A) forms or addenda furnished by the board, completed by the applicant, typed, printed in ink, or completed online if requiring a written response;

    (B) documentation furnished by the certifying board as required; and

    (C) the required fee.

    (5) Board--The Texas Medical Board.

    (6) Certifying board--Entity requesting recognition by the Texas Medical Board.

Source Note: The provisions of this §164.2 adopted to be effective May 21, 2000, 25 TexReg 4348; amended to be effective May 5, 2011, 36 TexReg 2727