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

Prior History: (Effective: 07/06/2006
R.C. 119.032 review dates: 03/24/2006 and 04/01/2011
Promulgated Under: 119.03
Statutory Authority: 4715.03
Rule Amplifies: 4715.30
Prior Effective Dates: 8-1-74; 3-26-79; 10-15-82; 5-7-86; 8-1-86; 4-7-00; DE-13-01; 4-5-01 )