Advertising, fee splitting, solicitation, and professional ethics
This domain tests the business-side ethics rules: how a Kentucky dental practice may advertise, how it may pay people, and how it may solicit patients.
Advertising
Advertising must be truthful and not misleading. A practice may advertise fees, but the advertised fee must be complete and not a bait-and-switch: if x-rays, exams, or other required services cost extra, say so. Avoid guarantees of results, unverifiable superiority claims, and sensational statements that create unjustified expectations. Social media and group-coupon offers are advertising.
Fee splitting and referral payments
Kentucky prohibits splitting professional fees with an unlicensed person. Paying a marketing company a percentage of collections or a per-patient bounty for referrals can be treated as fee splitting or improper solicitation. Paying employees a salary is different from dividing fees. Arrangements with licensed dentists in the same practice are analyzed under the specific rule and corporate-practice limits.
Solicitation
Soliciting patients at an accident scene, hospital, or emergency room is prohibited. Direct-mail and online marketing are generally permissible if truthful. Testimonials are risky when they imply guaranteed outcomes.
Worked example
A practice offers a “free new-patient exam” but requires a paid x-ray and cleaning before the exam. Reasoning: the ad is misleading unless it discloses the required paid services and their cost. The Board can treat deceptive fee advertising as unprofessional conduct even if no patient complains.
Traps that cost marks
- Assuming a disclaimer cures a misleading headline.
- Missing that per-patient marketing payments can be fee splitting.
- Thinking “everyone advertises this way” is a defense.
- Overlooking that solicitation rules apply to online and in-person conduct.