Texas Codes

Tex. Occ. Code § 259.008 (2026)

Unprofessional Conduct

✓ current as of May 2026

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Sec. 259.008. UNPROFESSIONAL CONDUCT. A person may not directly or indirectly engage in unprofessional conduct relating to dentistry, including:

(1) obtaining or attempting to collect a fee by fraud or misrepresentation;

(2) orally soliciting dental business if the solicitation is:

(A) directed to an individual or a group of less than five individuals; and

(B) made for the primary purpose of attracting the individual or the group to a particular dental practice;

(3) employing, directly or indirectly, or permitting an unlicensed person to perform dental services on a person, except as authorized by law;

(4) claiming or circulating a statement of:

(A) professional superiority; or

(B) performance of professional services in a superior manner;

(5) forging, altering, or changing a legal document relating to the practice of dentistry, including a diploma, license, registration certificate, or transcript;

(6) being a party to or benefiting from the forgery, alteration, or changing of a legal document relating to the practice of dentistry;

(7) making a false statement or misusing a legal document relating to the practice of dentistry;

(8) accepting employment as a dentist under a false, misleading, or deceptive referral scheme;

(9) advertising the performance of dental work without pain or discomfort to the patient; or

(10) advertising a prediction of future satisfaction or success of a dental service.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.088(a), eff. Sept. 1, 2001.

Notes of Decisions

Cited in 6 cases, 2009–2015 · leading case: Gerald Froemming, DDS Texas Dental License No. 12286 v. Texas State Bd. of Dental Examiners, 380 S.W.3d 787 (Tex. App. 2012).

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Gerald Froemming, DDS Texas Dental License No. 12286 v. Texas State Bd. of Dental Examiners, 380 S.W.3d 787 (Tex. App. 2012). · cites it 2× “, in violation of Texas Occupations Code Section 259.008(1) and Texas Administrative Code Sections 108.”

Texas State Bd. of Dental Examiners v. Brown, 281 S.W.3d 692 (Tex. App. 2009). · cites it 2× “Brown committed unprofessional conduct under Tex Occ Code § 259.008. BD[COL] 6 Based upon finding of fact No.”

Texas State Bd. of Dental Examiners v. Misty J. Brown, D.D.S. (Tex. App. 2009). · cites it 2× “Brown committed unprofessional conduct under TEX. OCC. CODE § 259.008. BD[COL] 6 Based upon finding of fact No.”

Gerald Froemming, DDS Texas Dental License No. 12286 v. Texas State Bd. of Dental Examiners (Tex. App. 2012). · cites it 2× “Tex. Occ. Code Ann. § 259.008 (1) (providing that person may not engage in unprofessional conduct by attempting to collect fee by fraud or misrepresentation); 22 Tex.”

Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox & the City of Hempstead v. Texas Comm'n on Env't Quality & Pintail Landfill, L.L.C. (Tex. App. 2015). · cites it 2× “002(a) to revoke a dentist's license for un- professional billing practices in violation of Tex. Occ. Code Ann. § 259.008 (1). Although an administrative law judge recommended suspension, the Board was empowered to reject the recommendation and adequately explained its rea-…”

Texas State Bd. of Dental Examiners v. Misty J. Brown, D.D.S. (Tex. App. 2009). “Brown com m itted unprofessional conduct under TEX. OCC. CODE § 259.008. BD[COL] 6 Based upon finding of fact No.”

— Tex. Occ. Code § 259.008(1) — 2 cases

Gerald Froemming, DDS Texas Dental License No. 12286 v. Texas State Bd. of Dental Examiners, 380 S.W.3d 787 (Tex. App. 2012). “, in violation of Texas Occupations Code Section 259.008(1) and Texas Administrative Code Sections 108.”

Gerald Froemming, DDS Texas Dental License No. 12286 v. Texas State Bd. of Dental Examiners (Tex. App. 2012). “Tex. Occ. Code Ann. § 259.008 (1) (providing that person may not engage in unprofessional conduct by attempting to collect fee by fraud or misrepresentation); 22 Tex.”

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