201 KAR 8:006. Advertising of dental services.

      RELATES TO: KRS 313.400, 313.410, Parker v. Ky. Bd. of Dentistry 818 F.2d 504 (6th Cir. 1987)

      STATUTORY AUTHORITY: KRS 313.400, 313.410

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 313.220(1) authorizes the board to promulgate administrative regulations regulating the practice of dentistry. This administrative regulation prohibits dentists licensed in Kentucky from using false, misleading, or deceptive advertising and sets forth the manner in which dentists license in Kentucky may advertise as specialists or as being especially qualified in any area of dentistry.

      Section 1. (1) A dentist who does not hold a specialist’s license, pursuant to KRS 313.400(1), may hold themselves out to the public as being especially qualified in any branch of dentistry if one (1) of the following phrases is used in the announcement:

      (a) "General dentist";

      (b) "General dentistry";

      (c) "Family dentist"; or

      (d) "Family dentistry".

      (2) Announcements may be made by:

      (a) Press;

      (b) Sign;

      (c) Card;

      (d) Letterhead;

      (e) Printed matter; or

      (f) Other means of public advertisement.

      (3) The phrases listed in subsection (1) of this section shall be in print of a size equal to or greater than any other portion of the advertisement.

      Section 2. A dentist who does not hold a specialist’s license, pursuant to KRS 313.400(1), may, through means of radio, television, or other means of public address, hold themselves out to the public as being especially qualified in any branch of dentistry if:

      (1) They are identified by name at the beginning or end of the announcement; and

      (2) One (1) of the following phrases is used at the beginning and end of the announcement:

      (a) "General dentist";

      (b) "General dentistry";

      (c) "Family dentist"; or

      (d) "Family dentistry".

      Section 3. A licensed dentist shall not:

      (1) Hold himself out to the public as being a especially qualified in any area of dentistry not recognized in KRS 313.400(1) as a specialty; or

      (2) Use the words "certified", "board certified", or "diplomate", unless the advertisement states that Kentucky law does not recognize the advertised field as an area of dentistry suitable for licensing as a dental specialty.

      Section 4. Any advertisement for a dental practice where more than one (1) dentist regularly provides dental services to the public shall contain the name of each dentist therein immediately followed by the phrase "general dentist" or "general dentistry" or "family dentist" or "family dentistry" or by the name of the specialty recognized by KRS 313.400(1) in which any member of the practice is licensed.

      Section 5. Use of Names in Dental Practice. (1) A dentist shall not use the name of another dentist who:

      (a) Did not have an ownership interest in the dental practice; and

      (b) Is no longer associated with the dental practice;

      (2) If a dentist purchases the practice or business of another dentist, he shall not use the name of the seller for a period longer than one (1) year after the purchase.

      (3) A dentist shall not use the name of another dentist who formerly practiced as a partner, after the termination of that partner’s ownership interest in the dental practice.

      Section 6. A dentist shall not advertising services in any manner which is false, misleading, or deceptive.

      Section 7. Any dentist licensed in Kentucky may submit proposed advertising to the Kentucky Board of Dentistry for written approval prior to using the advertising. (13 Ky.R. 1959; Am. 14 Ky.R. 821; eff. 10-2-87; 26 Ky.R. 1688; 1940; eff. 5-10-2000.)