Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.30 - Rules of Advertising for Dentists › Rule 24.138.3002 - ADVERTISING CONTENT

Current through Register Vol. 13, July 5, 2024
(1) The following
				acts or omissions in the context of advertisement by any dentist shall
				constitute unethical and unprofessional conduct and shall subject the licensee
				to disciplinary action pursuant to
				37-1-136,
				MCA:
(a) Claims that the services performed,
				personnel employed, materials or office equipment used are professionally
				superior to that which is ordinarily performed or used, or that convey the
				message that one dentist is better than another when superiority of services,
				personnel, materials or equipment cannot be substantiated.
(b) The misleading use of an unearned or
				non-health degree in any advertisement.
(c) Promotion of a professional service that
				the dentist knows or should know is beyond the dentist's ability to
				perform.
(d) Use of advertising
				techniques that intimidate, exert undue pressure or undue influence over a
				prospective patient.
(e) Any appeal
				to an individual's anxiety in an excessive or unfair manner.
(f) Use of personal testimonials attesting to
				a dentist's competence in service or treatment that is not reasonably
				verifiable.
(g) Use of statistical
				data or other information based on past performances or other prediction of
				future services that creates an unjustified expectation about results that the
				dentist can achieve.
(h)
				Communication of personally identifiable facts, data, or information about a
				patient without first obtaining patient consent.
(i) Any misrepresentation of a material
				fact.
(j) Knowingly suppressing,
				omitting, or concealing any material fact or law without which the
				advertisement would be deceptive or misleading.
(k) Making statements concerning the benefits
				or other attributes of dental products or services involving significant risks
				without including an assessment of the safety and efficiencies of the products
				or services as well as detailing the availability of alternatives, if any, and
				if needed to avoid deception, an assessment of the benefits or other attributes
				of those alternatives.
(l) Any
				communication that creates an unjustified expectation concerning the potential
				results of any dental treatment.
(m) Failure to comply with the rules
				governing advertisement of dental fees and services, specialty advertisement
				and advertising records.
(n) The
				use of "bait and switch" advertisements. In investigating complaints of "bait
				and switch" advertising, the board may require the dentist to furnish to the
				board or its representative data or other evidence pertaining to sales made at
				the advertised fee as well as other sales.
(o) Misrepresentation of a dentist's
				credentials, training, experience or ability.
(p) Failure to include the corporation,
				partnership or individual dentist's name and address and telephone number in
				any advertisement. Any dental corporation, partnership or association that
				advertises by use of a trade name or otherwise fails to list all dentists
				practicing at a particular location shall provide a list of all dentists
				practicing at that location upon request and conspicuously display in the
				dentist's office a directory listing all dentists practicing at that
				location.
(q) Failure to disclose
				providing compensation or other consideration to representatives of the press,
				radio, television or other medium in return for any advertisement unless the
				nature, format or medium of such advertisement makes the fact of compensation
				or consideration evident.
(r) Use
				of the name of any dentist formerly practicing at or associated with any
				advertised location more than 30 days after that dentist has left the practice.
				This rule shall not apply to a retired or deceased former associate who
				practiced dentistry in association with one or more of the present occupants if
				the status of the former associate is disclosed in any advertisement or
				sign.
(s) Stating or implying that
				a certain dentist provides all services when any such services are performed by
				another dentist.
(t) Directly or
				indirectly offering, giving, receiving, or agreeing 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.