Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 3 - Dentists › Section XXXIII-301 - Advertising and Soliciting by Dentists

Current through Register Vol. 50, No. 6, June 20, 2024
A. Scope. This Section provides for
				advertising requirements in addition to those set forth in
				R.S.
				37:774 and
				R.S.
				37:775 for dentists licensed and practicing
				in this state. The provisions in this Section shall govern any and all forms of
				advertisements including but not limited to all forms of printed and electronic
				media and direct or telephone solicitations.
B. Identification of Licensee. All
				advertising in any medium must identify the Louisiana licensed dentist who
				sponsors or benefits from, and assumes total responsibility for, the
				advertisement. The term
identify
shall mean the use of the
				licensee's commonly used name or the name appearing on his dental license or
				renewal certificate, together with the current address and telephone number the
				licensee has on file with the board.
C. The board approves any specialty of
				dentistry for which a dentist has completed a post-doctoral program consisting
				of at least two full-time years and which program is accredited by a dental
				accreditation agency that is recognized by the United States Department of
				Education.
D. Definitions
Advertisement
and
Advertising
-any statement, oral or written, disseminated to or
				  displayed before the public or any portion thereof with the intent of
				  furthering the purpose, either directly or indirectly, of selling professional
				  services, or offering to perform professional services, or inducing members of
				  the public to enter into any obligation relating to such professional services.
				  The provisions of this Section shall apply to
advertising
of
				  any nature regardless of whether it is in the form of paid advertising.
Dental Public Health
-the science and art of
				  preventing and controlling dental diseases and promoting dental health through
				  organized community efforts. It is that form of dental practice which serves
				  the community as a patient rather than the individual. It is concerned with the
				  dental health education of the public, with applied dental research, and with
				  the administration of group dental care programs, as well as the prevention and
				  control of dental diseases on a community basis. Implicit in this definition is
				  the requirement that the specialist have broad knowledge and skills in public
				  health administration, research methodology, the prevention and control of oral
				  diseases, the delivery and financing of oral health care, and the
				  identification and development of resources to accomplish health goals.
Endodontics
-the branch of dentistry that is
				  concerned with the morphology, physiology, and pathology of the human dental
				  pulp and periradicular tissues. Its study and practice encompass the basic
				  clinical sciences including biology of the normal pulp, the etiology,
				  diagnosis, prevention, and treatment of diseases and injuries of the pulp; and
				  associated periradicular condition.
Oral and Maxillofacial Radiology
- the
				  specialty of dentistry and the discipline of radiology concerned with the
				  production and interpretation of images and data produced by all modalities of
				  radiant energy, in a manner that minimizes risk to the patient, operator and
				  the public, that are used for the diagnosis and management of diseases,
				  disorders and conditions of the oral and maxillofacial region.
Oral and Maxillofacial Surgery
-the specialty
				  of dentistry which includes the diagnosis, surgical, and adjunctive treatment
				  of diseases, injuries and defects involving both the functional and aesthetic
				  aspects of the hard and soft tissues of the oral and maxillofacial
				  region.
Oral Pathology
-the specialty of dentistry
				  and discipline of pathology which deals with the nature, identification, and
				  management of diseases affecting the oral and maxillofacial regions. It is a
				  science that investigates the causes, processes and effect of these diseases.
				  The practice of oral pathology includes research, diagnosis of diseases using
				  clinical, radiographic, microscopic, biochemical, or other examinations, and
				  management of patients.
Orthodontics
and
Dentofacial
				  Orthopedics
-the area of dentistry concerned with the supervision,
				  guidance, and correction of the growing or mature dentofacial structures,
				  including those conditions that require movement of teeth or correction of
				  malrelationships and malformations of their related structures and the
				  adjustment of relationships between and among teeth and facial bones by the
				  application of forces and/or the stimulation and redirection of functional
				  forces within the craniofacial complex. Major responsibilities of orthodontic
				  practice include the diagnosis, prevention, interception, and treatment of all
				  forms of malocclusion of the teeth and associated alterations of their
				  surrounding structures; the design, application and control of functional and
				  corrective appliances; and the guidance of the dentition and its supporting
				  structures to attain and maintain optimum occlusal relations in physiological
				  and aesthetic harmony among facial and cranial structures.
Pediatric Dentistry
-an age-defined specialty
				  that provides both primary and comprehensive preventive and therapeutic oral
				  health care for infants and children through adolescence, including those with
				  special health care needs.
Periodontics
-that specialty of dentistry
				  which encompasses the prevention, diagnosis, and treatment of diseases of the
				  supporting and surrounding tissues of the teeth or their substitutes; the
				  maintenance of the health, function and esthetics of these structures and
				  tissues; and the replacement of lost teeth and supporting structures by
				  grafting or implantation of natural and synthetic devices and materials.
Prosthodontics
-the dental specialty
				  pertaining to the diagnosis, treatment planning, rehabilitation and maintenance
				  of the oral function, comfort, appearance and health of patients with clinical
				  conditions associated with missing or deficient teeth and/or maxillofacial
				  tissues using biocompatible substitutes.
E. Prohibition on Misrepresentative or
				Fraudulent Advertising. No dentist shall disseminate or cause the dissemination
				of any advertisement or advertising which is in any way fraudulent, false,
				deceptive, or misleading in form or content. Additionally, no dentist shall
				disseminate or cause the dissemination of any advertisement or advertising
				which:
1. contains misrepresentations of
				fact;
2. is likely to mislead or
				deceive because in its context or in the context in which it is presented it
				makes only a partial disclosure of relevant facts;
3. contains laudatory statements about the
				dentist or group of dentists;
4. is
				intended or likely to create false, unjustified expectations of favorable
				results;
5. relates to the quality
				of dental services provided as compared to other available dental
				services;
6. advertises any
				procedure mandated or prohibited by law, such as advertising that a dentist has
				"state of the art sterilization," when state of the art sterilization is
				required of all dentists;
7.
				contains other representations or implications that in reasonable probability
				will cause an ordinarily prudent person to misunderstand or to be deceived. For
				example, it is fraudulent, false, deceptive, and misleading for a dentist who
				utilizes a laser in his dental practice to advertise that the use of lasers is
				painless, heals faster, or provides better results than other dental
				procedures. However, a dentist may advertise that he treats patients with a
				laser in certain circumstances.