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