Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2301 - Regulations Adopted by the Mississippi State Board of Dental Examiners › Chapter 1 › Rule 30-2301-1.43 - BOARD REGULATION NUMBER 43ADVERTISING

Current through June 25, 2024
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.