Advertising, Fee Setting, and Business-Practice Restrictions
This section covers advertising and business-practice restrictions; the exam tests truthful advertising, fee independence, and prohibited referral arrangements.
Advertising
Kentucky requires dental advertising to be truthful and not misleading. Prohibited claims include guarantees of results, false specialty claims, and statements that create unreasonable expectations. A dentist may announce a recognized specialty only if properly certified. Advertisements should identify the licensee and disclose material conditions of offers. Testimonials and before-and-after images must be accurate and authorized.
Fees and business practices
The Board does not set usual fees; dentists may set their own. What is prohibited is price fixing with competitors, fee splitting with non-dentists, paying for patient referrals, and deceptive billing. Discounts and coupons must be clearly explained, including expiration and any required purchase. Insurance participation does not change the ethical duty to bill accurately.
Office structure
Dentists may employ hygienists and staff, but the dentist remains responsible for supervision and recordkeeping. Business entities must comply with Kentucky ownership and practice rules. A non-dentist may not control clinical judgment. Soliciting patients in a misleading way or using a fictitious name to evade responsibility is a violation.
Worked example
Two hygienists who work for different dentists agree at a continuing-education lunch to charge the same fee for prophylaxis. That is price fixing, even though they are not dentists and even if the fee seems fair. Independent fee decisions are lawful; joint decisions are not.
Traps
Assuming the Board publishes a mandatory fee schedule. Advertising 'specialist' without specialty credentials. Offering a 'free' service without disclosing a required exam fee. Letting a management company dictate clinical care.