North Texas Dentistry Volume 5 Issue 6 | Page 29

woman and had lovely children” all imply unjustified expectations. Similarly, an advertising dentist cannot appeal to an individual’s anxiety in an excessive or unfair way such as implying that if a patient does not get teeth whitening they will never have a girlfriend or get married or that people are afraid of their appearance. Patient Testimonials While an advertising dentist is allowed to use patient testimonials, the testimonial must be made by an actual patient of record and the claims made in the testimo- for all advertisements run regardless of who developed or created the advertisement. It is therefore, the best practice for the owner dentist to review and approve in writing all advertisements before they are used. Guaranties of Success or Future Satisfaction An advertising dentist cannot make guaranties of success or future satisfaction if patients receive certain dental procedures. It is permissible, however, to make a money back guaranty. The best practice is for an advertising dentist to consult with an attorney experienced in advertising regulations to have a compliance review performed to ensure that any advertising programs are fully compliant. nial must be accurate and not misleading. In other words, an advertising dentist cannot use a patient to make claims that the dentist could not otherwise make under the regulations. Specialists An advertising dentist may only claim that he is a specialist in a specialty that is specifically recognized by the Texas Dental Board such as endodontics, oral and maxillofacial surgery, orthodontics, pediatric dentistry, periodontics, prosthodontics, dental public health, oral and maxillofacial pathology and oral and maxillofacial radiology. Dentists who are not specialists but who advertise services performed by a specialist such as orthodontics must identify themselves as general dentists or performing general dentistry. Truth in Ownership of Content An advertising dentist must properly credit any quotes or content to its true author and may not plagiarize content without giving proper credit. Dental Practice Website Disclosures All dental practice websites should clearly disclose: 1) the ownership of the website; 2) services provided; 3) office addresses and contact information; and 4) the licensure and qualifications of dentists and associated health care providers. Retention of Ads All advertising dentists must retain their advertisements for a period of four years following the final appearance or communication of the advertisement and make copies available to the dental board, if requested. Failure to retain ads or failure to make them available for review upon the request of the dental board is grounds for disciplinary action. These are just a few of the most important compliance points for dental advertising. The best practice is for an advertising dentist to consult with an attorney experienced in advertising regulations to have a compliance review performed to ensure that any advertising programs are fully compliant. The dental board has made clear that ignorance of the advertising regulations is not a legitimate defense to a board complaint. Brian Colao is a member of national law firm Dykema in the Dallas office and advises clients in the health care industry on numerous federal and state regulatory issu