Latest News

Prepared by: Jim McGovern, Esq. & Brennan Santa, Law Clerk

The Ohio Dental Board is proposing to change several rules. If they are adopted, the new rules would impact specialty advertising. Therefore, it would impact Ohio dentists who plan to or are currently advertising as specialists.

Please see below for the comprehensive list:¹

Ohio Administrative Code 4715-5-04 is being rescinded and replaced with a new rule.

Ohio Administrative Code 4715-13-01 is being amended.

Ohio Administrative Code 4715-13-02 is being rescinded and replaced with a new rule.

Ohio Administrative Code 4715-13-03 is being rescinded and replaced with a new rule.

Ohio Administrative Code 4715-13-04 is being rescinded and replaced with a new rule.

Ohio Administrative Code 4715-13-05 is being rescinded and replaced with a new rule.

The changes to 4715-5-04 place more emphasis on what counts as a qualifying postdoctoral education program, to be recognized as a specialist. A licensed dentist who has completed a qualifying postdoctoral education, or who holds a current certification by a specialty board, still meets the criteria to be a specialist. More details are provided on how the board will determine if an organization is a qualifying specialty board or organization. The changes are meant to guide licensees who wish to advertise as specialists.

The amendments to 4715-13-01 are minor word changes. A dental corporation is now referred to as a dental organization. The requirements remain the same; advertising statements may be published, solicitors cannot make statements as to the quality of the services rendered, the owner dentists are responsible for all advertising as it relates to their practice, etc.

The changes to 4715-13-02 include eliminations to avoid redundancy. Dental practices still must have the first and last name of all dentists practicing prominently displayed. Only those who are currently practicing may be listed. A licensed dentist is still required to be in charge of the dental facility at each place of business.

The changes to 4715-13-03 include adding the definitions of false, fraudulent, deceptive, or misleading statements. It still prohibits the use of false, fraudulent, deceptive, or misleading statements in advertisement of services.

The changes to 4715-13-04 include removal of the definition of a misleading statement (that is now present and more comprehensive in rule 4715-13-03). It also deletes references to the exclusivity of recognized specialties by the American Dental Association. It still lists examples of statements tending to deceive or mislead the public, such as falsely indicating the number of years in practice, misnaming any anesthetic, drug formula, material, or medicine, and more.

The changes to 4715-13-05 make it false or misleading to advertise as a specialist without including the full name of the certifying board or organization recognizing the dentist as a specialist.

Dentists should familiarize themselves with the above proposed changes and clarify any confusion they have regarding compliance with these rules. Dentists, including specialists, would be responsible for ensuring that their advertisements comply with the rules stated if the rules were adopted. If you are a dentist with a specialty, seeking to advertise your services, these rule changes relate to you directly. While all are relevant and important to note, the biggest change is that in 4715-13-05, which states that you must include the full name of the certifying board recognizing the dentist as a specialist, when advertising as a specialist.

We will continue to track these proposed rules and update our website if they are adopted. They would likely not be adopted until the Board has held a public hearing, and this has not yet been scheduled for these proposed rules.

Contact Graff & McGovern if you need assistance in navigating these proposed changes.

_______________________________________________________________________________________________________

1. Ohio State Dental Board, Laws & Rules, Public Comment on Proposed Amended, New, and To Be Rescinded Rules on Specialty Advertising, Laws & Rules | Ohio State Dental Board ↩︎