Practice Sale, Records Request, and Advertising Claims
A Mississippi dentist retires and sells her practice to a younger general dentist. The seller's website still says 'Board-Certified Cosmetic Dentist' and 'Guaranteed Painless Dentistry - Lowest Prices in the County,' and offers 'free whitening for life' to new patients. The buyer keeps the same phone number and sees a patient who began treatment 14 months ago and now requests copies of her complete record, including bitewing radiographs and the previous dentist's progress notes. The buyer says the records belong to the selling dentist and quotes $75 for copies plus $25 to email them. The patient is moving to another state and wants the records sent to her new dentist. The office also has a sign saying 'Specialist in Implant Dentistry' although the buyer is a general dentist. The buyer asks whether the old advertising can stay up during the transition.
1. Evaluate the advertising claims and what the buyer must change.
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Several claims are risky. 'Board-certified' should be used only if the dentist holds a board certification recognized by the Board; a general dentist is not a 'specialist' in implant dentistry merely by doing implants. 'Guaranteed painless' and 'lowest prices in the county' are objectively unverifiable and likely misleading. 'Free whitening for life' needs clear terms - what is free, how often, whether exams and radiographs are required, and what happens if the patient moves - and must not be a bait-and-switch. The buyer should remove or correct the seller's name, credentials, and claims before the transition is advertised as the buyer's practice. Keep the old website only with a clear transition notice if accurate. Advertising is the licensee's responsibility even if a marketing company wrote it; the buyer should review the final copy and retain substantiation.
2. Must the buyer release the records? What about the copying fees and the request to send records to the new dentist?
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The patient's record is about the patient, and the practice is the custodian. A sale of the practice should transfer records custody to the buyer, with notice to patients and a plan for the seller's retained records. The buyer cannot refuse the patient's request simply because the seller generated the notes. The patient may authorize release to the new dentist; get a signed authorization that meets HIPAA and Mississippi requirements. A reasonable copy fee may be allowed, but $75 plus $25 to email may exceed what the Board permits and may not be used to delay care; the office should verify the current fee rule and provide a plain-language estimate. Do not withhold radiographs or progress notes needed for continuity. Document the request, authorization, what was sent, date, and any fee. If the patient requests her own record, provide it in the format requested if readily producible.
3. What transition obligations should the buyer build into the practice sale?
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During a sale, the buyer should notify active patients about the transition, identify the new dentist, explain how to transfer records, and honor requests to send records elsewhere. The seller should retain records required by the Board's retention rule and make them accessible to the buyer and patient. The 'Specialist in Implant Dentistry' sign must come down unless the buyer actually holds the relevant specialty credential. The buyer should also check whether the seller's website domain and phone number create confusion about who is responsible. Professional liability and Board jurisdiction follow the licensee; the buyer cannot blame the seller for advertising the buyer continues to use. A compliance checklist: correct credentials, remove guarantees, rewrite the whitening offer with terms, update patient notices, train front desk on record requests, and document the transfer.