Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 60 - BOARD OF DENTISTRY › Chapter 21 - REGULATIONS GOVERNING THE PRACTICE OF DENTISTRY › Part II - Standards of Practice › Section 18VAC60-21-80 - Advertising

Current through Register Vol. 40, No. 24, July 15, 2024
A. Practice
				  limitation. A general dentist who limits his practice to a dental specialty or
				  describes his practice by types of treatment shall state in conjunction with
				  his name that he is a general dentist providing certain services (e.g.,
				  orthodontic services).
B. Fee
				  disclosures. Any statement specifying a fee for a dental service that does not
				  include the cost of all related procedures, services, and products that, to a
				  substantial likelihood, will be necessary for the completion of the advertised
				  services as it would be understood by an ordinarily prudent person shall be
				  deemed to be deceptive or misleading. Where reasonable disclosure of all
				  relevant variables and considerations is made, a statement of a range of fees
				  for specifically described dental services shall not be deemed to be deceptive
				  or misleading.
C. Discounts and
				  free offers. Discount and free offers for a dental service are permissible for
				  advertising only when the nondiscounted or full fee , if any, and the final
				  discounted fee are also disclosed in the advertisement. In addition, the time
				  period for obtaining the discount or free offer must be stated in the
				  advertisement. The dentist shall maintain documented evidence to substantiate
				  the discounted fee or free offer.
D. Retention of advertising. A prerecorded or
				  archived copy of all advertisements shall be retained for a two-year period
				  following the final appearance of the advertisement. The advertising dentist is
				  responsible for making prerecorded or archived copies of the advertisement
				  available to the board within five days following a request by the
				  board.
E. Routine dental services.
				  Advertising of fees pursuant to this section is limited to procedures that are
				  set forth in the American Dental Association's "Dental Procedures Codes,"
				  published in Current Dental Terminology in effect at the time the advertisement
				  is issued.
F. Advertisements.
				  Advertisements, including but not limited to signage, containing descriptions
				  of the type of dentistry practiced or a specific geographic locator are
				  permissible so long as the requirements of §§ 54.1-2718 and 54.1-2720
				  of the Code are met.
G. False,
				  deceptive, or misleading advertisement. The following practices shall
				  constitute false, deceptive, or misleading advertising within the meaning of
				  subdivision 7 of § 54.1-2706 of the Code:
1. Publishing an advertisement that contains
				  a material misrepresentation or omission of facts that causes an ordinarily
				  prudent person to misunderstand or be deceived, or that fails to contain
				  reasonable warnings or disclaimers necessary to make a representation not
				  deceptive;
2. Publishing an
				  advertisement that fails to include the information and disclaimers required by
				  this section;
3. Publishing an
				  advertisement that contains a false claim of professional superiority, contains
				  a claim to be a specialist, or uses any terms to designate a dental specialty
				  unless he is entitled to such specialty designation under the guidelines or
				  requirements for specialties approved by the American Dental Association
				  (Requirements for Recognition of Dental Specialties and National Certifying
				  Boards for Dental Specialists, November 2013 ), or such guidelines or
				  requirements as subsequently amended ; or
4. Representation by a dentist who does not
				  currently hold specialty certification that his practice is limited to
				  providing services in such specialty area without clearly disclosing that he is
				  a general dentist.