Chapter 4715-13 Advertising

4715-13-01 Public announcements, publicity, advertising and solicitation.

Definitions: Only for the purposes of rules 4715-13-01 to 4715-13-04 of the Administrative Code, the term"dental organization" shall include, but not be limited to, any person licensed under Chapter 4715 of the Revised Code, dental group, dental corporation, dental association, dental partnership, or dental management company.

(A) In order to facilitate the process of informed selection of a dentist by potential consumers of dental services, the holder of a license or certificate issued under this chapter (licensee), or dental organization, in accordance with section 4715.30 of the Revised Code, and the rules and regulations of the Ohio state dental board, may publish advertising statements in print media, or broadcast advertising over FCC-approved radio or television, or via the internet. Each different media advertisement shall be maintained by the advertising licensee or dental corporation for a period of two years and shall be kept in the dental facility and be made available within twenty-four hours upon request by an authorized agent of the state dental board. Broadcast advertising may be communicated to the public only over FCC-approved radio or television. Broadcast advertisements shall be prerecorded, and approved for broadcast by the advertising licensee or dental corporation. Licensees are prohibited from advertising in any manner which is not available on similar terms to all licensees or dental corporations.

(B) A licensee or dental organization may use or participate in the use of professional office cards, professional announcement cards, internet notices, office signs, signs designating location, letterheads, and similar professional notices, or devices, only if such cards, signs, letterheads, notices and devices are presented in a dignified professional manner. No licensee or dental organization may engage in, or knowingly authorize others to engage in, face-to-face, telephone, or internet solicitations involving undue influence, overreaching, misrepresentation, invasion of the privacy of the lay solicitee, or unreasonable lay interference in the dentist-patient relationship, either in the office or outside the office. No solicitor may make any statements as to the quality of services rendered by the licensee or dental organization unless such solicitor has the educational background and expertise of the licensee or dental organization, and then only in a general sense. Any personal references to the quality of services of others is strictly prohibited. Reasonably dignified and reasonably restrained face-to-face, telephone, or internet solicitations which concur with acceptable community standards of good taste, and which do not involve undue influence, overreaching, misrepresentation, invasions of the privacy of the lay solicitee, or unreasonable interference in the dentist-patient relationship are permissible.

(C) Testimonials or endorsements may be made only by patients of record.

(D) All advertising statements in print, broadcast and/or internet form must include the first and last name of the owner(s) of the dental practice as defined in Ohio Administrative Code rule 4715-13-02(A) or the first and last name of the dentist(s) as defined in Ohio Administrative Code rule 4715-13-02(C) . Such owner dentist(s) is responsible for all advertising as it relates to his dental practice.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.03
Rule Amplifies: 4715.30
Prior Effective Dates: 08/07/74, 03/26/79, 10/15/82, 05/07/86, 08/01/86, 04/07/00, DE-13-01, 04/05/01

4715-13-02 Name under which practice may be conducted.

(A) A dentist may only practice or offer to practice dentistry under his or her name or one of the following entities, provided the name of the entity includes the name of the dentist currently practicing or offering to practice dentistry:

(1) A corporation-for-profit formed under Chapter 1701. of the Revised Code,

(2) A professional association formed under Chapter 1785. of the Revised Code,

(3) A professional partnership formed under Chapter 1775. of the Revised Code,

(4) A limited liability company formed under Chapter 1705. of the Revised Code.

All trade names, fictitious names and the like, shall include the name of the owner dentist(s) consistent with the provisions of this rule.

(B) Any dental practice as described in paragraph (A) of this rule, shall have the first and last name of all dentists currently practicing or offering to practice dentistry therein, including degree conferred (i.e. D.D.S., D.M.D.), prominently displayed at the front or main entrance of such business, office or facility.

(C) Only names of licensed dentists currently practicing or offering to practice dentistry therein shall be included in the name, sign, or identification of the entity. Deceased or retired dentists' names may not be included in the name of the entity.

(D) Any entity wherein dentistry is offered and/or being performed shall have a licensed dentist in charge of the dental facility at each place of business. Such licensed dentist in charge of the dental facility shall notify the board within ten days of assuming such responsibility.

(E) Specialists are required to list their American dental association recognized specialty directly after or below his or her name.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.03
Rule Amplifies: 4715.18 , 4715.19
Prior Effective Dates: 04/07/00, 04/04/02, 07/06/06

4715-13-03 False, fraudulent, or misleading statements.

The following statements or similar words or phrases are prohibited:

(A) False statements that a specified number of patients have received services from a certain licensee.

(B) False statements regarding superior outcomes achieved for patients by a certain licensee.

(C) Statements that a certain dentist is a specialist, or specializes in any branch of dentistry or limits his practice to any branch of dentistry or area of practice, or is a diplomate, or is an orthodontist, oral surgeon, oral and maxillofacial surgeon, periodontist, pedodontist, pediatric dentist, endodontist, prosthodontist, oral pathologist, or public health dentist, or any other similar statement which implies that the dentist is a specialist or limits his practice unless such dentist shall have complied with the provisions of rule 4715-5-04 of the Administrative Code;

(D) The statement that a "nurse" and/oror "dental nurse" is in attendance, unless such nurse is a graduate licensed and registered nurse;

(E) A statement by a general dentist which lists or otherwise announces that the dentist renders specific types of services unless the statement also includes the phrase "General Dentist" at least as prominently as the list of announcement of specific types of services and shall be directly after or below his name (i.e John Doe, D.D.S., General Dentist).

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.03
Rule Amplifies: 4715.19 , 4715.30
Prior Effective Dates: 08/01/74, 03/26/79, 05/07/86 (Emer.), 10/23/95 (Emer), 01/27/96, 04/07/00

4715-13-04 Statements tending to deceive or mislead the public.

All dental advertising, or solicitation, or testimonial endorsement statements which tend to deceive or mislead the public are prohibited.

(A) The following advertising, or solicitation, or testimonial endorsement statements are prohibited:

(1) Statements which falsely indicate the number of years in practice, or the number of years in practice in one location, of any licensee;

(2) Statements which misname any anesthetic, drug formula, material, or medicine, by not accurately stating the generic or brand name of such substances;

(3) Statements which misrepresent the anesthetic, drug formula, material, or medicine, actually administered by a dentist or other qualified licensee;

(4) Statements which misname any dental method or system;

(5) Statements which misrepresent any dental method or dental system actually employed by a dentist or other qualified licensee;

(6) The retention in or about the office or building of a sign or signs of a former dentist, owner, or occupant, for a period longer than ninety days. The owner dentist has ninety days from the date of change in employment to make all necessary changes to signs as necessary and warranted.

(7) Statements on letterhead, business cards, brochures, or other advertisements indicating that a retired, deceased, or other dentist formerly affiliated with the dental practice is still actively practicing dentistry with the dental practice.

(8) Advertisements, announcements, and/or promotions in any form, for dental services placed under a heading in a telephone book or similar publication that is a specialty recognized by the American dental association when the dentist is not a recognized specialist in that area.

(9) Advertisements, announcements, and/or promotions in any form, for dental services placed under a heading in a telephone book or similar publication for a dental service not recognized as a specialty by the American dental association.

(B) The state dental board, based on its expertise in regulating the dental profession, has identified certain statements which are likely to mislead the layman who is the target of dental advertising, solicitation, or testimonial endorsements.

(C) Any licensee who violates any provision of rule 4715-13-01 , 4715-13-03 or 4715-13-04 of the Administrative Code shall be subject to dental board discipline under Chapter 4715. of the Revised Code.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.03
Rule Amplifies: 4715.19 , 4715.30
Prior Effective Dates: 03/26/79, 05/07/86 (Emer.), 08/01/86, 04/07/00, 07/06/06

4715-13-05 Advertising specialty services.

With regard to the advertising of specialty dental services all of the following shall apply:

(A) A dentist who is recognized as a specialist in Ohio must avoid any implication that general dentists associated with him in practice are specialists.

(B) In a multidisciplinary practice, it is required that any advertisements indicate the services being provided by each practitioner in the office.

(C) The use of the terms "specialist", "specializes" or "practice limited to" or the terms "orthodontist", "oral and maxillofacial surgeon", "oral and maxillofacial radiologist", "periodontist", "pediatric dentist", "prosthodontist", endodontist", "oral pathologist", or "public health dentist" or other similar terms which imply that the dentist is a specialist may only be used by licensed dentists meeting the requirements of paragraph (B) of rule 4715-5-04 of the Administrative Code.

(D) The term "diplomate" may only be used by a licensed dentist who has successfully completed the qualifying examination of the appropriate certifying board of one or more of the specialties recognized by the American dental association, except that a licensed dentist who has been granted diplomate status by a bona fide national organization which is not recognized as a certifying board by the American dental association, but grants diplomate status based upon the dentist's postgraduate education, training, experience, and an oral and written examination based upon psychometric principles, may use the term "diplomate" if the following disclaimer appears in a reasonably clear and visible manner compared to the announcement of the diplomate status: "the (insert the name of organization granting diplomate status) is not recognized as a specialty board by the Ohio state dental board or the American dental association."

(E) A general dentist is not prohibited from announcing to the public that he renders specific types of services, including, but not limited to, specialty services, and that the announcement does not contain words or phrases which are otherwise prohibited by this rule.

(F) Terms that indicate that the practitioner is a specialist, for which no American dental association recognized specialty exists, are prohibited. Terms referring to areas of practice are permitted, so long as all other provisions of the rules regarding advertising and specialty designation are adhered to.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.03
Rule Amplifies: 4715.18 , 4715.19 , 4715.30
Prior Effective Dates: 07/06/06, 05/05/08