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
Universal Citation: MT Admin Rules 24.138.3002
Current through Register Vol. 6, March 22, 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.
37-4-205, MCA; IMP, 37-4-205, MCA;
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