Section 17-4216. ADVERTISING

 

4216.1A dentist licensed under the Act shall include the dentist's name as the name appears on his or her District of Columbia dental license in any advertisement of dental services appearing in any newspaper, airwave transmission, telephone directory or other advertising medium in the District of Columbia.

 

4216.2A dentist may not, on behalf of himself or herself, his or her partner, or his or her associate, or for any other dentist affiliated with him or her, use or participate in the use of any form of public communication, which contains a deceptive or misleading statement or claim.

 

4216.3For purposes of this section, deceptive or misleading statements or claims are those that:

 

(a)Contain a material misrepresentation of fact;

 

(b)Fail to state any fact necessary to make the statement not misleading;

 

(c)Are intended or are likely to create unjustified expectations;

 

(d)State or imply superior service;

 

(e)Contain a representation or implication that is likely to cause an ordinary prudent person to misunderstand or to be deceived, or that fails to contain reasonable warnings or disclaimers necessary to make a representation or implication not deceptive;

 

(f)Contain statistical data or other information based on past performance coupled with an explicit representation that the data or information indicates a likelihood of future success;

 

(g)Contain or imply any guarantee of satisfaction, except the guarantee to return a fee if the patient is not satisfied with the treatment rendered;

 

(h)Use electronic media, including television, radio, internet, and motion pictures, in a manner inconsistent with these regulations and the following criteria:

 

(1)Broadcast advertising shall be communicated to the public only over radio or television stations that are approved by the Federal Communications Commission or over cable television,

 

(2)Broadcast advertisements shall be prerecorded, and approved for broadcast by the advertising dentist, and

 

(3)A recording of the actual transmission shall be retained by the advertising dentist for a period of 3 years;

 

(i)Fail to include the name of a responsible licensed dentist who provides dental services at the location advertised;

 

(j)Falsely state or imply that a dentist is a certified or recognized specialist recognized by the American Dental Association Commission on Dental Accreditation;

 

(k)Claims to be a specialist or uses any of the terms to designate a dental specialty unless he or she is entitled to such specialty designation under the guidelines or requirements for specialties approved by the American Dental Association, or such guidelines or requirements as subsequently amended and approved by the board, or other such organization recognized by the board.

 

(l)State or imply that a dentist practices in an area of dental specialty unless the dentist:

 

(1)Is recognized by the Board as a specialist in the area advertised,

 

(2)Includes in the advertisement a disclaimer that the dentist is not recognized by the Board as a specialist in the area of practice advertised, or

 

(3)Includes in the advertisement a statement that the dentist is a general dentist; and

 

(m)State that the dentist practices or advocates "mercury-free" dentistry or removes mercury amalgams for replacement of nonmercury containing materials, unless that advertisement includes a readable disclaimer which states: "The National Institutes of Health has determined that there are no verifiable systemic health benefits resulting from the removal of mercury amalgams."

 

4216.4A general dentist who limits his or her practice shall state in conjunction with his or her name that he or she is a general dentist providing only certain services, e.g., orthodontic services.

 

4216.5Except as provided in § 4216.6 of this chapter, a dentist shall not:

 

(a)State or imply that another dentist practices at a dental office or location who in fact does not practice at that site; or

 

(b)State or imply an affiliation with a dentist with whom the dentist does not have a legal affiliation.

 

4216.6For one year following the dissolution of a partnership, affiliation or professional arrangement, a dentist may continue to use advertising containing the name of the former partner or dentist with whom he or she was affiliated, if the other dentist has expressly consented to such use, or is deceased.

 

4216.7A statement regarding fees shall be considered deceptive or misleading if the dentist:

 

(a)Renders the service at more than the fees advertised; or

 

(b)Fails to offer the service at the fee advertised for a reasonable period of time following the advertisement unless a specific time limit is included in the original advertisement.

 

4216.8Any statement specifying a fee for a dental service which does not include the cost of all related procedures, services, and products which, 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.

 

4216.9Discount offers for a dental service are permissible for advertising only when the nondiscounted or full fee and the final discounted fee are also disclosed in the advertisement. The dentist shall maintain documented evidence to substantiate the discounted fee.

 

4216.10A dentist shall be responsible for an advertisement of service regardless of whether the advertising has been generated by him or her personally, by his or her employees, or by a proprietorship, partnership, corporation, union, public school clinic, state institution, or charitable institution which uses his or her services.

 

4216.11A dentist shall:

 

(a)Retain a copy of all advertising, in the form in which it was published, for a period of 3 years from the date of publication or transmission; and

 

(b)Make the copy available for inspection and copying when requested by the Board.

 

4216.12Within thirty (30) days of receiving a request from the Board, a dentist shall submit documentation, video or audio recordings, or other evidence to substantiate the truthfulness of any assertion or representation of material fact set forth in an advertisement. If the dentist fails or refuses to comply with the request, the Board may draw an adverse inference from such failure or refusal in any subsequent hearing or disciplinary action on the substance of the complaint or investigation, should such a hearing or action occur.

 

source

Final Rulemaking published at 56 DCR 298 (January 9, 2009).