Advertising, Fees, and Ethical Practice
Advertising and fee rules police truthfulness in how care is marketed and billed. Advertising must not be false, deceptive, or misleading. That includes misrepresenting credentials, claiming superiority without a basis, guaranteeing outcomes, using patient testimonials that imply typical results, or omitting material information such as that a service is performed by a hygienist under supervision. Know whether the jurisdiction requires the practice name to identify the licensed owner and whether specialty claims are restricted to those with recognized specialty credentials.
Fee questions test the difference between fee splitting (sharing a fee with an unlicensed person for referral, generally prohibited) and legitimate payment for services. Understand prohibitions on kickbacks, on billing for services not rendered, on upcoding, and on charging for unnecessary treatment. Know the rules on waiving copayments and on advertising discounts, which must be accurate and not misleading. Insurance and third-party billing raise questions about who may submit claims and what must be disclosed.
Ethical practice includes honesty in billing, avoiding conflicts of interest, respecting patient autonomy in choosing treatment, and not exploiting the patient relationship for financial gain. A hygienist's obligations include not accepting incentives for unnecessary referrals and accurately representing the services performed.
Traps: assuming any discount is unlawful; assuming a testimonial is automatically permitted; and confusing fee splitting with paying an employee a salary.
Rule of thumb: if the statement would mislead a reasonable patient about credentials, results, or cost, it is prohibited - regardless of whether it is literally true.