24.138.3002 ADVERTISING CONTENT
(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.
History: 37-4-205, MCA; IMP, 37-4-205, MCA; NEW, 1991 MAR p. 2415, Eff. 12/13/91; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03.