Rule 150-10-.01 - Fraudulent, Misleading or Deceptive Advertising(1) For purposes of O.C.G.A. § 43-11-47(a)(15), "advertising" shall include any information communicated in a manner designed to attract public attention to the practice of the licensee, including the use of a trade name or corporate name.(2) A dentist may provide information regarding himself or herself, his or her practice, and fixed fees associated with routine dental services in a dignified manner in newspapers, magazines, yellow page directories, consumer directories, or comparable written publications or broadcast advertising. The dentist shall have ultimate responsibility for all advertisements approved or placed by the dentist or his or her agents, employees, or associates. The dentist shall retain a copy, recording, or specification of the advertisement for at least one year following the last appearance or use of the advertisement, and shall provide a copy, recording, or specification to the Board within ten (10) days of any request by the Board.(3) Advertising may include, but is not limited to, the following information: (a) The dentist's title or degree;(b) A designation of specialty dental practice, if said specialty is recognized by the Georgia Board of Dentistry pursuant to Rule 150- 11-.01 and the dentist has completed the educational requirements stated in the American Dental Association's specialty practice guidelines in existence at the time the advertisement is made;(c) Office and telephone answering hours, office location, office telephone number, and residence address and telephone number;(d) Fees for a specific, routine service. For purposes of this Rule, a dental service may be characterized as a "routine dental service" if it is performed frequently in the dentist's practice, is usually provided at a specific fee to substantially all patients receiving the service, and is provided with little or no variance in technique or materials. The following requirements shall be met when a dentist advertises a routine dental service: 1. If a range of fees is advertised (including use of words such as "from," "as low as," "starting at"), the minimum and maximum fees shall be fully disclosed;2. Consultation, treatment planning, or treatment for any routine dental service advertised for a specific fee must be made available for a minimum of sixty (60) days following the date of the last publication or broadcast of that fee, unless another date is specified in the advertisement;3. When a routine dental service is advertised as "free," "no charge," or like terms, such service must be made available at no cost for a minimum of sixty (60) days following the date of last publication or broadcast of that fee, unless another date is specified in the advertisement;4. When a patient accepts the treatment planned for a routine dental service which was advertised by the dentist for a specific fee during the previous sixty (60) days (or other period specified in the advertisement), any subsequent dental service that is reasonably and foreseeably related to the advertised routine service must be provided without additional charge, unless the advertisement for the routine dental service includes the following statement: "ADDITIONAL CHARGES MAY BE INCURRED FOR RELATED SERVICES WHICH MAY BE REQUIRED IN INDIVIDUAL CASES."(4) A dentist may use or participate in the use of professional cards, appointment slips or cards, letterhead, office signs, or similar professional notices, provided they are not false, misleading, or deceptive.(5) Advertising shall not reveal a patient's personally identifiable facts, data or information obtained in a professional capacity, without the patient's written consent.(6) The following statements in advertising shall be deemed to be misleading to the public for purposes of this Rule: (a) Statements claiming or implying the superiority of a method of treatment, material, drug or appliance;(b) Statements that assert or allude that a certain dentist is a specialist or specializes in any branch of dentistry, unless that specialty is recognized by the Georgia Board of Dentistry pursuant to Rule 150-11-.01 and the dentist has completed the educational requirements for that specialty as stated in the American Dental Association's specialty practice guidelines in existence at the time the advertisement is made;(c) Statements that assert or allude that a certain dentist practices at a location, if the dentist does not regularly provide dental treatment to patients at said location;(d) Statements offering or announcing "quality dentistry," "quality work," "staff of skilled dentists," "skilled employees," or other like terms, and statements indicating that uncertified persons perform functions requiring a license under O.C.G.A. § 43-11-1, et seq.;(e) Statements indicating the availability of superior facilities at a certain office, including statements that an office is "scientifically equipped" or has the "latest modern equipment," statements making reference to a "modern office," "modern methods," "modern devices," or any similar expressions;(f) Statements that a dental operation or treatment can be performed without causing any pain; and(g) Use of a trade name or corporate name that is confusingly similar to a trade name or corporate name already in use by a dental practice in this state.Ga. Comp. R. & Regs. R. 150-10-.01
O.C.G.A. Sec. 43-11-47.
Original Rule entitled "Corporate/Trade Names" adopted. F. Sept. 24, 1979; eff. Oct. 14, 1979.Amended: F. May 5, 1982; eff. May 25, 1982.Amended: F. Oct. 29, 1996; eff. Nov. 18, 1996.Repealed: F. July 28, 1999; eff. August 17, 1999.Amended: New Rule entitled "Fraudulent, Misleading or Deceptive Advertising" adopted. F. Jan. 31, 2003; eff. Feb. 20, 2003.