PURPOSE: This rule regulates the manner in which a dentist may advertise. FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

1. (1) For the purpose of these rules, advertising shall mean any communication, whether oral or written, between a dentist or other entity acting on behalf of one (1) or more dentists and the public. It shall include, but not be limited to: business cards, signs, insignias, letterheads, web pages, Internet communications, radio, television, newspaper and magazine ads, and display or group ads or listings in telephone directories, or both.
2. (2) Any advertising engaged in by a duly registered and currently licensed dentist in Missouri shall be in compliance with the provisions set out in section 332.321.2(14), RSMo.
3. (3) A duly registered and currently licensed dentist shall not use or participate in the use of any advertising containing a false, fraudulent, misleading, deceptive or unfair statement or claim.
4. (4) Any advertisement must contain the name of one (1) or more of the duly registered and currently licensed dentists regularly employed in and responsible for the management, supervision and operation of each office location listed in the advertisement.

5. (5) A duly registered and currently licensed dentist may—

   1. (A) Use the titles or degrees, such as doctor, dentist, D.D.S. or D.M.D. if the dentist holds a degree(s) from an accredited dental school. A dentist who has a medical degree may also use that degree;
   2. (B) Use the title Diplomate in connection with his/her specialty if he/she has been conveyed that status by the specialty board recognized by the American Dental Association; and
   3. (C) Use the words specialist, specializing in, limited to the specialty of, or practice limited to if the dentist has a current license issued by the board entitling him/her to engage in a specialty practice.

6. (6) Any announcement of services by a general practitioner shall state in a prominent manner that the dental practice is one of general dentistry.

   1. (A) This announcement of the general practice of dentistry shall be clearly legible, with print equal to or larger than the announcement of services, and clearly audible, with speech volume and pace equal to the announcement of services.
   2. (B) If terms implying services associated with specialty practices are used, a disclaimer must be used. Such terms include, but are not limited to: orthodontics, braces, endodontics, root canals, periodontics, gum surgery, oral surgery, extractions, prosthodontics, crowns, bridges, full or partial dentures. The disclaimer shall be clearly legible, with print equal to or larger than the announcement of services, and clearly audible, with speech volume and pace equal to the announcement of services. The disclaimer shall state: “This provider is not a specialist in (list specialty areas referenced).”
7. (7) Any announcement or advertisement of services implying non-specialty interest areas which are not recognized by the American Dental Association must include a disclaimer. Non-specialty interest areas include, but are not limited to: bleaching, cosmetic dentistry, implantology, implant dentistry and temporomandibular joint (TMJ) therapy. These or other terms which imply a non-specialty interest area must be accompanied by a disclaimer that is clearly legible, with print equal to or larger than the announcement of services, and clearly audible, with speech volume and pace equal to the announcement of services. The disclaimer shall state: “(list non-specialty interest areas) (is/are) non-specialty interest area(s) that requires no specific educational training to advertise this service.”
8. (8) Any announcement or advertisement of conscious sedation services, which includes but is not limited to sleep dentistry and twilight sleep, cannot be used in any advertising, unless accompanied by the following disclaimer. The disclaimer shall be clearly legible, with print equal to or larger than the announcement of services, and clearly audible, with speech volume and pace equal to the announcement of services. The disclaimer shall state: “Conscious sedation is taught as part of post-graduate residency programs approved by the American Dental Association. Dr. (Insert Name) (has/has not) completed an American Dental Association approved residency program in which conscious sedation is taught.”
9. (9) Any duly registered and currently licensed dentist who directly or indirectly advertises the availability and price of goods, appliances or services shall do so in a clear and nondeceptive manner and include all material information necessary to fully inform members of the general public about the nature of the goods, appliances or services offered at the announced price. Any listed prices shall be extended for a reasonable period of time. Any advertised price for a routine service shall be a fixed price, with no range of fees, and no fee can be charged a patient in excess of that advertised price for that particular service.
10. (10) Any consumer who receives any free services, examination or treatment, in response to an advertisement, from any duly registered and licensed dentist in Missouri shall have the right to refuse to pay, cancel payment or be reimbursed for payment for any other service, examination or treatment which is performed as a result of and within seventy-two (72) hours of receiving the free service, examination or treatment, unless the other service, examination or treatment is requested by the patient at the time s/he presents him/herself for the free offer. The dentist shall inform patients in writing of their rights under this section prior to their receiving the free service, examination or treatment. Failure to comply with this language shall constitute a violation of section 332.321.2(4), (6) and (14), RSMo.
11. (11) Any advertising engaged in by a duly registered or licensed dentist in Missouri containing an offer of a discount or a credit toward a fee, whether expressed in terms of a particular dollar amount or a particular percentage shall contain a statement of the highest fee normally charged by the advertising dentist for the service(s) to which the discount or credit applies and a statement of exactly what service(s) are included in the offer. If the offer of a discount or credit applies to the full range of dental services offered by the dentist, then a fee schedule stating all fees for the dental services shall be made available to any person requesting it and its availability shall be noted in the advertisement.
12. (12) Any dental health article, message or newsletter published under a dentist’s byline to the public without making truthful disclosure of the source and authorship, or designed to give rise to questionable expectations for the purpose of inducing the public to utilize the services of the sponsoring dentist, or designed to imply specialization or unusual expertise in a recognized specialty area(s) unless the sponsoring dentist is currently licensed in the particular specialty area(s) discussed shall be deemed to be a false, misleading or deceptive representation to the public.
13. (13) Failure to comply with this rule will subject the holder of a certificate of registration and license to practice dentistry in this state to disciplinary action in accordance with section 332.321.2(6)–(14), RSMo.
14. (14) The provisions of this rule are declared severable. If any provision of this rule is held invalid by a court of competent jurisdiction, the remaining provisions of this rule shall remain in full force and effect, unless otherwise determined by a court of competent jurisdiction to be invalid.

AUTHORITY: sections 332.031, RSMo 2000 and 332.321, RSMo Supp. 2001. This rule originally filed as 4 CSR 110-2.110. Original rule filed Dec. 12, 1975, effective Jan. 12, 1976. Amended: Filed Aug. 12, 1976, effective Dec. 11, 1976. Rescinded and readopted: Filed May 11, 1978, effective Aug. 11, 1978. Rescinded and readopted: Filed July 26, 1979, effective Feb. 11, 1980. Rescinded and readopted: Filed Oct. 13, 1983, effective Jan. 13, 1984. Amended: Filed April 16, 1985, effective Aug. 26, 1985. Amended: Filed Oct. 17, 1986, effective Jan. 12, 1987. Amended: Filed Jan. 5, 1988, effective March 12, 1988. Rescinded and readopted: Filed June 28, 2002, effective Dec. 30, 2002. Moved to 20 CSR 2110-2.110, effective Aug. 28, 2006.

*Original authority: 332.031, RSMo 1969, amended 1981, 1993, 1995; 332.321, RSMo 1969, amended 1978, 1981, 1983, 1999, 2001.