New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 30 - NEW JERSEY BOARD OF DENTISTRY › Subchapter 6 - ADVERTISING › Section 13:30-6.2 - Professional advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
"Advertisement" means any attempt directly or indirectly by publication, dissemination, solicitation, endorsement or circulation or in any other way to attract directly or indirectly any person to enter into an express or implied agreement to accept dental services or treatment related thereto.
"Electronic media" means radio, television and the Internet.
"Print media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, hand-bills, flyers and other similar documents or comparable publications, the content of which is disseminated by means of the printed word. "Printed media" shall also include stationery and business cards.
"Range of fees" means an expressly stated upper and lower limit on the fee charged for a professional service.
"Routine professional service" means a service which the advertising licensee, professional association or institution providing dental care routinely performs.
(b) A licensed dentist who is actively engaged in the practice of dentistry in the State of New Jersey may advertise in print or electronic media in a dignified manner. For purposes of this section, "dignified manner" means that an advertisement does not rely in any way on techniques to obtain attention that depend upon absurdity or that demonstrate a clear and intentional lack of relevance to the selection of a dentist; included in this category are all advertisements that contain any extreme portrayal of dentists exhibiting characteristics clearly unrelated to the competence of the dentist.
(c) No advertisement shall contain:
1. Any statement or claim which is false, fraudulent, misleading or deceptive;
2. Claims that the service performed or the materials used are professionally superior to that which is ordinarily performed or used;
3. Promotion of a professional service which the licensee knows or should know is beyond the licensee's ability to perform;
4. Techniques of communication which appear to intimidate, exert undue pressure or undue influence over a prospective patient;
5. The use of any personal testimonial attesting to the technical quality or technical competence of a service or treatment offered by a licensee. Other testimonials shall be permitted provided the testimonials do not violate any other section of this chapter;
6. The communication of personally identifiable facts, data, or information about a patient without first obtaining the written consent of the patient;
7. The use of any misrepresentation;
8. The suppression, omission or concealment of any material fact under circumstances which a licensee knows or should know that the omission is improper or prohibits a prospective patient from making a full and informed judgment, on the basis of the information set forth in the advertisement; and
9. Any print, language or format which directly or indirectly obscures a material fact.