PURPOSE: This rule regulates the manner in which dental hygienists may advertise.

1. (1) For the purpose of these rules, advertising shall mean any communication, whether oral or written, between a dental hygienist or other entity acting on behalf of one (1) or more dental hygienists 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 dental hygienist 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 dental hygienist in Missouri shall not use or participate in the use of any advertising containing a false, fraudulent, misleading, deceptive or unfair statement or claim.
4. (4) No duly registered and currently licensed dental hygienist in Missouri shall directly advertise his or her dental hygiene services to the public unless said hygienist is practicing in a public health setting without the supervision of a dentist pursuant to section 332.311.2, RSMo. All duly registered and currently licensed dental hygienists in Missouri who are employed by and/or working under the supervision of a duly registered and currently licensed dentist in Missouri shall have their names and/or dental hygiene services, including fees for services, advertised to the public only through advertising engaged in by their employing or supervising dentist.
5. (5) No duly registered and currently licensed dental hygienist in Missouri who has or is about to change employers shall be permitted 20 CSR 2110-2

to contact the patients of the employer s/he is leaving or has left for the purpose of soliciting those persons to become patients of the employer s/he is joining or has joined.

1. (6) Any dental health article, message or newsletter published under a dental hygienist’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 dental hygienist and/or the dentist who employs and/or supervises the hygienist shall be deemed to be a false, misleading or deceptive representation to the public.
2. (7) Failure to comply with this rule will subject the holder of a certificate of registration and license to practice dental hygiene in this state to disciplinary action in accordance with section 332.321.2(6)–(14), RSMo.
3. (8) 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 332.311 and 332.321, RSMo Supp. 2003.* This rule originally filed as 4 CSR 110-2.111. Original rule filed June 25, 2004, effective Dec. 30, 2004. Moved to 20 CSR 2110-2.111, effective Aug. 28, 2006.

*Original authority: 332.311, RSMo 1969, amended 1997, 2001 and 332.321, RSMo 1969, amended 1978, 1981, 1983, 1999, 2001, 2004.