Advertising, Fee Splitting, and Business Practice Restrictions
Advertising
Indiana permits truthful advertising but prohibits false, deceptive, or misleading statements. A dentist may not claim superiority or guarantee results, misrepresent specialty status, or use a patient testimonial in a way that implies a guarantee. Sedation, specialty, and credential claims must be accurate. Discount offers must disclose material conditions.
Fee splitting and business restrictions
Fee splitting means sharing dental fees with a person who did not provide the service, usually for a referral. It is restricted because it can distort clinical judgment. Paying a bona fide employee or a permitted practice expense is different from paying a percentage for patients. The corporate practice doctrine limits who may own a dental practice and control clinical decisions; a management company may provide business services but may not control diagnosis or treatment.
Worked example
A dentist agrees to pay a marketing company 20% of revenue from new patients. That is a percentage-of-fees arrangement tied to patient generation and is likely prohibited fee splitting, even if labeled marketing. Paying a fixed monthly fee for advertising is analyzed differently because it is not tied to dental fees.
Traps that cost marks
Calling a referral payment a 'consulting fee'. Assuming a management company may set clinical production quotas that override dentist judgment. Advertising a specialty without the required credential. Using 'guaranteed painless' language.