The Review That Wasn't Earned
Dr. Samuel Okafor, DDS, opens a new practice in Jonesboro. To attract patients, he offers a 'free whitening for life' to anyone who leaves a five-star review on a popular review site. He also posts before-and-after photos of patients on his website without written consent, including one patient's full-face image. His front desk quotes a 'new patient special' of $49 for an exam and X-rays, but the fine print on the website says the offer excludes periodontal maintenance and does not disclose that a $75 'technology fee' is added at checkout. A patient complains to the Board that the advertised price was misleading and that her photo appeared online without permission.
1. Evaluate the advertising and inducement practices under Arkansas dental law.
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Offering a benefit in exchange for a five-star review is an inducement that can be misleading and is likely unprofessional conduct because it compromises the integrity of patient reviews. Advertising must be truthful and not misleading. The $49 special that excludes services and adds an undisclosed technology fee is deceptive; the total cost and any exclusions must be clearly disclosed. Before-and-after photos require written patient consent, and using a full-face image without consent violates patient privacy and the standard of care for recordkeeping and consent. The Board may treat these practices as misleading advertising and unprofessional conduct.
2. What consent and recordkeeping requirements apply to the patient photographs?
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The practice must obtain written, specific consent from the patient before using any identifiable photograph for marketing. The consent should state the intended use, the platforms, and the duration, and the patient should be able to revoke it. The consent and the photograph should be maintained in the patient record or a marketing consent file. Using a full-face image without consent violates patient rights and privacy and may also implicate HIPAA. The practice should remove the photo immediately and document the corrective action.
3. What should Dr. Okafor do to correct the advertising and respond to the complaint?
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Dr. Okafor should immediately stop the review-for-whitening promotion, revise the website to disclose all fees and exclusions clearly, and remove any patient photos lacking written consent. He should obtain proper consents for any future marketing use. He should respond to the Board inquiry truthfully, provide the requested records, and document the corrective actions. He should also review his fee disclosures and ensure the front desk quotes the total cost accurately. Failure to correct the practices may result in disciplinary action, including fines and reprimand.