Purpose: The purpose of this regulation is to ensure
that the public has access to information which provides a sufficient basis
upon which to make an informed selection of dentists, while also ensuring that
the public is protected from false or misleading advertisements which would
detract from a fair and rational selection process. Accordingly, the Board
shall adopt rules which shall regulate the manner of such advertising in
keeping with the provisions hereof.
1. For the purposes of Miss. Code
Ann. §
73-9-61,
advertising shall include any information communicated in a manner designed to
attract public attention to the practice of the licensee.
2. A dentist may provide information
regarding himself or herself, his or her practice, and fixed fees associated
with dental services in various forms of public communications. The
responsibility for the form and content of an advertisement offering services
or goods by a dentist shall be jointly and severally that of each professional
who is a principal, partner, officer, or associate of the firm or entity
identified in the advertisement.
3.
All advertisements shall contain the full name and degree of the practitioner
who will provide services. If services are referenced in the advertisement, the
advertisement shall state either general practice or general dentistry, or the
American Dental Association recognized specialty that the practitioner
practices immediately following the name and degree of the practitioner. The
word "family" may be substituted for the word "general."
4. The Board may require a dentist to
substantiate the truthfulness of any assertion or representation of material
fact set forth in an advertisement. At the time an advertisement is placed, the
dentist must then possess and rely upon information which, when produced, would
substantiate the truthfulness of any assertion or representation of material
fact set forth in such advertisement. The failure to possess and rely upon such
information at the time the advertisement is placed, as well as the failure to
provide such factual substantiation to support a representation or assertion
when requested by the Board, shall be deemed unprofessional conduct as set
forth in Miss. Code Ann. §
73-9-61(1)(l).
5. A video and/or audio tape of every
advertisement communicated by electronic media or copies of printed
advertisements shall be retained by the dentist for a period of two (2) years
and be made available for review upon request by the Board or its
designee.
6. Advertising that
references a fee or fees, or a service for no fee, must clearly define the
professional service being offered in the advertisement. Such advertised offers
shall be presumed to include everything ordinarily required for such a service.
No additional fees may be charged unless the advertisement includes the
following disclaimer: Additional fees may be incurred in individual
cases.
7. No
advertisement by a licensed dentist shall contain any false, fraudulent,
misleading, or deceptive statement or claim. The following acts or omissions in
the context of advertising by any licensee shall constitute unprofessional
conduct as set forth in
Miss. Code Ann. §
73-9-61(1)(l),
and subject the licensee to disciplinary action:
A. Contains misrepresentations of
fact.
B. Misleads or deceive, or is
likely to mislead or deceive, because in context the advertisement makes only a
partial disclosure of relevant facts.
C. Contains laudatory statements about the
dentist or group of dentists.
D.
Creates, or is likely to create, false and unjustified expectations of
favorable results.
E. Relates to
the quality of dental services provided as compared to other available dental
services.
F. Appeals, or is likely
to appeal, primarily to a layperson's fears.
G. Contains other representations or
implications that in reasonable probability will cause an ordinary, prudent
person to misunderstand or to be deceived.
H. Communicates personal identifiable facts,
data, or information about a patient without first obtaining the patient's
consent.
I. Fails to disclose the
fact of giving compensation or anything of value to rep-
resentatives of the press, radio, television or other
communicative medium (e.g., newspapers or telephone directories) in
anticipation of or in return for any advertisement, unless the nature, format,
or medium of such advertisement make the fact of compensation apparent.
J. Directly or indirectly offers,
gives, or agrees to receive any fee or other consideration to or from a third
party for the referral of a patient in connection with the performance of
professional services.
Notes
30
Miss. Code. R. 2301-1.43
Miss. Code Ann. §
73-9-19.
Regulation
Forty-Three adopted by the Mississippi State Board of Dental Examiners on
February 5, 1993; amended April 21, 1995; amended May 30, 1995; amended March
8, 1996; amended December 6, 1996; amended March 7, 1997; amended August 27,
1999; amended November 3, 2000; amended July 20, 2001; amended December 6,
2002; amended December 2, 2005; rescinded December 2, 2005 amendment on
February 24, 2006.
