Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version Senate Bill 538 History

DOWNLOAD  wpd  |  Email


sb538 intr
Senate Bill No. 538

(By Senators Foster and Jenkins)

____________

[Introduced March 14, 2005; referred to the Committee

on the Judiciary.]

____________




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-4C-1, §30-4C-2, §30-4C-3, §30-4C-4 and §30-4C-5, all relating to the regulation of advertising by dentists.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §30-4C-1, §30-4C-2, §30-4C-3, §30-4C-4 and §30-4C-5, all to read as follows:
ARTICLE 4C. DENTAL ADVERTISING.
§30-4C-1. Definitions.
As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise.
(1) "Board" means the West Virginia Board of Dental Examiners;
(2) "Advertising" means any communication, whether oral or written, between a dentist or other entity acting on behalf of one or more dentists and the public. It includes, but is not 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.
§30-4C-2. Dentists may advertise.
(a) Any advertising engaged in by a duly registered and currently licensed dentist in West Virginia shall be in compliance with the provisions set forth herein and as set forth in article four of this chapter.
(b) A duly registered and currently licensed dentist may not use or participate in the use of any advertising containing a false, fraudulent, misleading, deceptive or unfair statement or claim.
(c) Any advertisement must contain the name of or names of all of the duly registered and currently licensed dentists providing patient care and who are regularly employed in or responsible for the management, supervision and operation of each office location listed in the advertisement.
(d) A duly registered and currently licensed dentist may:
(1) Use the titles or degrees, such as doctor, dentist, D.D.S. or D.M.D. if the dentist holds a degree or degrees from an accredited dental school. A dentist who has a medical degree may also use that degree;
(2) Use the title Diplomate in connection with his or her specialty if he or she has been conveyed that status by the Specialty Board recognized by the American Dental Association and has a current license to practice his or her specialty issued by the Board entitling him or her to engage in a specialty practice; and
(3) Use the words specialist, specializing in, limited to the specialty of, or practice limited to if the dentist has a current license to practice his or her specialty issued by the Board, entitling him or her to engage in a specialty practice.
§30-4C-3. Announcement of Services.

(1) Any announcement of services by a general practitioner shall state in a prominent manner that the dental practice is one of general dentistry.
(2) The announcement of services 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.
(3) If terms implying services associated with specialty practices are used, a disclaimer must be used. The terms of specialty practice 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: "(list nonspecialty interest areas) (is or are) nonspecialty interest areas that require no specific educational training to advertise this service."
(4) Any announcement or advertisement of services implying nonspecialty interest areas, which are not recognized by the American Dental Association, must include a disclaimer. Nonspecialty interest areas include, but are not limited to: bleaching, cosmetic dentistry, implantology, implant dentistry and temporo-mandibular joint (TMJ) therapy. These or other terms, which imply a nonspecialty 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 nonspecialty interest areas) (is or are) nonspecialty interest areas that require no specific educational training to advertise this service."
(5) Any announcement or advertisement of conscious sedation services, which includes, but is not limited to, sleep dentistry and twilight sleep, may only be allowed by a licensed dentist in compliance with the provision of article four-a of this chapter.
(6) 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 patient can be charged a fee in excess of that advertised price for that particular service.
(7) Any consumer who receives any free services, examination or treatment, in response to an advertisement, from any duly registered and licensed dentist in West Virginia 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 hours of receiving the free service, examination or treatment, unless the other service, examination or treatment is requested by the patient at the time she or he seeks the free offer. The dentist shall inform patients in writing of their rights under this section prior to the patient receiving the free service, examination or treatment.
(8) Any advertising engaged in by a duly registered or licensed dentist in West Virginia 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 services which the discount or credit applies and a statement of exactly what services 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.
§30-4C-4. Articles, messages or newsletters.

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 unless the sponsoring dentist is currently licensed in the particular specialty area discussed in the article is a false, misleading or deceptive representation to the public.
§30-4C-5. Compliance.
Any registered and currently licensed dentist in West Virginia failing to comply with the provisions of this article is subject to disciplinary action as provided in section twenty, article four of this chapter.
NOTE: The purpose of this bill is to regulate the advertising of dental practice.

This article is new; therefore, strike-throughs and underscoring have been omitted.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***