49 Pa. Code § 33.203 - Advertising
(a) Advertising is
permitted to provide the public with a sufficient basis for making an informed
selection of a dentist. For purposes of this section, the term "advertising"
includes signs, letterheads, business cards, and printed or broadcast
announcements of services to the public.
(b) Advertising that is false, misleading or
deceptive is prohibited under section 4.1(a)(10) of the act (63 P. S. §
123.1(a)(10)). Advertising
is false, misleading or deceptive if it does one or more of the following:
(1) Contains a material misrepresentation of
fact, or omits a fact necessary to make the statement considered as a whole not
materially misleading.
(2) Is
likely to create an unjustified expectation about results the dentist can
achieve.
(3) Compares the
advertising dentist's services with the services of other dentists unless the
comparison can be factually substantiated.
(c) A dental advertisement in any medium
shall contain the name of at least one dentist whose services are being
advertised. Each dentist whose name appears in the advertisement shall assume
responsibility for the advertisement and shall use the name that appears on the
dentist's current biennial renewal certificate. A dentist who advertises under
a fictitious name shall comply with §
33.202 (relating to fictitious
names).
(d) A dental advertisement
in any medium may identify the dentist as a specialist in a particular area of
dentistry, state that the practice is limited to a particular area of dentistry
or merely designate the kinds of dental services available. In addition, the
following shall be met:
(1) An advertisement
may not hold out or imply that the dentist is a specialist in any area unless
the conditions in subparagraphs (i) and (ii) are satisfied. Holding out as a
specialist includes the use of the terms "specialist" and "limited to specialty
of" or of words such as "endodontist" and "pediatric dentist," which denote a
practitioner of the dental specialties listed in subparagraph (i).
(i) The area must be recognized by the Board
as a dental specialty. The Board has adopted the American Dental Association's
(ADA's) standards for recognizing the following specialties:
(A) Dental public health.
(B) Endodontics.
(C) Oral and maxillofacial surgery.
(D) Oral pathology.
(E) Orthodontics.
(F) Pediatric dentistry.
(G) Periodontics.
(H) Prosthodontics.
(ii) The dentist shall have successfully
completed a specialty training program approved by the ADA's Commission on
Dental Accreditation.
(2)
A dentist who is a specialist in one area under paragraph (1) and advertises,
in conjunction with the specialty, that services are provided in another
recognized specialty area, or in a nonspecialty area (examples: a specialist in
orthodontics announcing additional services in pediatric dentistry or a
specialist in periodontics announcing additional services in placing dental
implants) shall conspicuously disclose that specialty status does not extend to
the other specialty or nonspecialty area.
(3) A specialist under paragraph (1) may not
hold out or imply that general dentists associated with the practice are
specialists.
(4) A dentist who is
not a specialist under paragraph (1) may list the area in which the dentist
practices or to which the practice is limited. If the advertisement identifies
an area by a term that designates a recognized specialty under paragraph
(1)(i), the advertisement shall conspicuously disclose that services are
provided by a general dentist. For example, an advertisement that announces
services in prosthodontics or oral surgery shall include the general dentist
disclosure, whereas an advertisement that announces services such as crown and
bridge work or extractions may omit the disclosure.
(5) Neither general dentists nor specialists
may hold out or imply that a nonspecialty area of dentistry has specialty
status. For example, dentists may not state that they specialize in or limit
their practice to temporomandibular joint disorders or implantology but may
announce services in, or a practice limited to diagnosing or treating
temporomandibular joint disorders, or placing dental implants.
(e) A dental advertisement in any
medium may contain the fees charged by the advertising dentist for dental
services, as defined in subsection (k). If a minimum fee is advertised, the
advertisement shall contain a statement disclosing that the advertised fee is
the minimum fee charged for the advertised service and that the actual fee may
vary depending on the degree of complexity involved in treatment. The
disclosure statement shall be at least as prominent in the context of the
advertisement as the fee information contained in the advertisement. If the fee
information is verbal, the disclosure statement also shall be verbal and shall
be at least equal to the fee information in volume, quality and duration. If
the fee information is in writing, the disclosure statement also shall be in
writing and shall be at least equal to the fee information in size, legibility
and length.
(f) A dental
advertisement in any medium may state that dental services, as defined in
subsection (k), will be rendered free of charge.
(g) For at least 60 days following final
publication or broadcast of an advertisement containing information about fees
or free services, the advertising dentist shall neither increase the advertised
fees nor charge fees for services advertised as free unless the advertisement
specifically and conspicuously stated that the advertised fees or free services
would be available for a shorter period of time. When a dental patient agrees,
within the 60-day period or the period otherwise stated in the advertisement,
to accept a treatment plan for services for which fees have been advertised,
the advertising dentist may not charge a fee higher than the advertised fee,
even if the services are rendered beyond the 60-day period or the period
otherwise stated in the advertisement. When a dental patient
agrees, within the 60-day period or the period otherwise stated in the advertisement, to accept a treatment plan for services advertised as free, the advertising dentist may not charge fees for services, even if the services are rendered beyond the 60-day period or the period otherwise stated in the advertisement.
(h) A
dental advertisement in any medium may state the dentist's office
hours.
(i) A recorded copy of an
advertisement on radio or television shall be retained for 1 year following the
final broadcast of the advertisement. The dentist who is responsible for the
advertisement under subsection (c) shall furnish the Board with a copy of the
advertisement within 20 days of being requested to do so.
(j) If the narrator of a dental advertisement
on radio or television is represented as a dentist, that person shall be the
dentist so represented.
(k) This
subsection contains definitions of some but not all of the various types of
dental services for which fees may be advertised under subsection (e). Whenever
a fee is advertised for one of the defined terms listed in paragraphs (1)-(10),
the meaning of the term, as used in the advertisement, is at least as inclusive
as the definition set forth in this subsection. These definitions will help
ensure that commonly used terms for dental services convey the same meanings in
advertisements, thus providing consumers with a better opportunity to compare
fees for equivalent services.
(1)
Examination. A study of the structures of the oral cavity,
including the recording of the condition of the structures and the appropriate
history. At a minimum, the study shall include the charting of caries; the
notation of periodontal disease, occlusal discrepancies, and oral lesions; and
a written diagnosis. If a dentist intends to render services in addition to the
examination and to charge a separate fee for the additional services, the
dentist shall disclose this separate fee to the patient before rendering the
additional services.
(2)
Treatment planning. A written statement of treatment
recommendations following an examination and diagnosis. This statement shall
include an itemized treatment recommendation and an itemized fee
statement.
(3)
Radiographs. X-rays of the hard and soft oral structures to be
used as an aid to diagnosis.
(4)
Oral prophylaxis. Scaling and polishing of teeth by a licensed
dentist or dental hygienist.
(5)
Restorative dentistry. Procedures involving restoration of
tooth structure. The advertisement shall indicate type of restoration and
materials to be used.
(6)
Endodontics. Treatment of the dental pulp, its replacement
with suitable material and associated surgery, if indicated.
(7)
Orthodontics. Prevention
and treatment of irregular dentition.
(8)
Periodontics. Treatment
of diseases of the hard and soft tissue surrounding and supporting the oral
dentition, including curettage, root planing, surgery, splinting, equilibration
and hygiene control procedures.
(9)
Prosthodontics. Restoration and replacement of teeth and other
oral structures by artificial devices, including:
(i)
Fixed prosthetics.
Crowns and bridges. The advertisement shall indicate the type of prosthesis and
materials to be used.
(ii)
Removable prosthetics. Partial and full dentures. The
advertisement shall indicate type of prosthesis and materials to be
used.
(10)
Surgery. Surgical treatment of hard or soft tissues,
extractions, and treatment of oral pathology, injuries, pain, dysfunction,
deformities or other conditions of the oral cavity and its surrounding
structures.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.