Iowa Administrative Code › Agency 650 - Dental Board › Title V - Professional Standards › Chapter 26 - Advertising › Rule 650-26.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
Communications by inclusion or omission to the public must be
				  accurate. They must not convey false, untrue, deceptive, or misleading
				  information through statements, testimonials, photographs, graphics or other
				  means. Communications must not appeal to an individual's anxiety in an
				  excessive or unfair way; and they must not create unjustified expectations of
				  results. If communications refer to benefits or other attributes of dental
				  procedures or products that involve significant risks, realistic assessments of
				  the safety and efficacy of those procedures or products must also be included,
				  as well as the availability of alternatives and, where necessary to avoid
				  deception, descriptions or assessments of the benefits or other attributes of
				  those alternatives. Communications must not misrepresent a dentist's
				  credentials, training, experience or ability, and must not contain material
				  claims of superiority that cannot be substantiated.
There are several areas that the board believes to be
				  susceptible to deceptive or misleading statements. While the board does not
				  intend to discourage dentists from engaging in any form of truthful,
				  nondeceptive advertising, dentists engaging in the type of advertising listed
				  below shall take special care to ensure that their ads are consistent with
				  these rules.
(1) Claims that the
				service performed or the materials used are professionally superior to that
				which is ordinarily performed or used or that convey the message that one
				licensee is better than another when superiority of service or materials cannot
				be substantiated.
(2) The use of an
				unearned or nonhealth degree in general announcements to the public.
(3) The use of attainment of an honorary
				fellowship in an advertisement. An honorary fellowship does not include an
				award based on merit, study or research. However, the attainment of the
				fellowship status may be indicated in scientific papers, curriculum vitae,
				third party payment forms, and letterhead and stationery which is not used for
				the direct solicitation of patients.
(4) Promotion of a professional service which
				the dentist knows or should know is beyond the dentist's ability to
				perform.
(5) Techniques of
				communication which intimidate, exert undue pressure or undue influence over a
				prospective patient.
(6) The use of
				any personal testimonial attesting to a quality of competence of a service or
				treatment offered by a licensee that is not reasonably verifiable.
(7) Utilizing any statistical data or other
				information based on past performance or predication of future success, which
				creates an unjustified expectation about results that the dentist can
				achieve.
(8) The communication of
				personally identifiable facts, data, or information about a patient without
				first obtaining patient consent.
(9) Any misrepresentation of a material
				fact.
(10) The knowing suppression,
				omission or concealment of any material fact or law without which the
				communication would be deceptive.
(11) Any communication which creates an
				unjustified expectation concerning the potential result of any dental
				treatment.
(12) Where the
				circumstances indicate "bait and switch" advertising, the board may require the
				advertiser to furnish to the board data or other evidence pertaining to those
				sales at the advertised price as well as other sales. Where the circumstances
				indicate deceptive advertising, the board will initiate an investigation or
				disciplinary action as warranted.