Dental advertising regulations can be extremely strict depending on the state.
Before 1979, dentists were not allowed to advertise their services to the general public. A ruling by the Federal Trade Commission allowed for some types of advertising with a large list of restrictions and regulations. These restrictions are in place to ensure that dentists do not mislead with their claims. Advertising regulations differ from state to state, as do punishments, which can include warnings, the revoking of your license and civil suits.
Phrases
Many phrases are not allowed in dental advertising, such as phrases of superiority such as "the best." Your advertisement also cannot claim that your services are "pain-free" or "painless," or that results of your services are "predictable." Some states do not allow for phrases such as "highly trained," "highly skilled" or that your practice uses "state of the art" technology.
Testimonials
In some states, testimonials are not allowed on dental advertisements. A testimonial can be defined as a quote from a past or present patient that supports the use of your dental practice. Testimonials are often filled with the banned phrases such as "the best" or "pain-free," so leaving testimonials out of your advertisement is best.
Specialty
Some states have regulations that specify what your dental practice can and cannot list as a specialty. You may only advertise as a specialist in an area of dentistry that is recognized by the Board of Dentistry. The following areas are included: dental public health, endodontics, oral and maxillofacial radiology, surgery and pathology, orthodontics, pediatric dentistry, periodontic and prosthodontics. Other areas such as cosmetic dentistry, implantology and facial pain therapy are not included. To advertise yourself as a specialist you must have completed a specialty educational program that is approved by the American Dental Association (ADA) Commission on Dental Accreditation.
Expectations
You may not use any phraseology that may lead to an underlying expectation by a prospective patient. A phrase such as "drill-less dentistry" for example, might imply that hand pieces are never used in your office. "Emergencies seen promptly" is a phrase that is misleading because people may have different definitions of prompt. These phrases are quite mundane, so when choosing them you may not realize that you are setting up expectation. This is why it is best to run all of your advertisements by an attorney well versed in this aspect of advertising law.
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