Advertising, Fee Setting, and Unprofessional Conduct
What the exam tests
This domain tests truthful advertising, fee-related prohibitions, and the categories of unprofessional conduct that support Board discipline.
Core rules
- Advertising must be truthful and not misleading. Avoid guarantees of results, unsubstantiated superiority claims, and false or unearned specialty designations.
- The Board does not set fees for dental hygiene services. Antitrust principles prohibit competitors from agreeing on prices; fee splitting and kickbacks for referrals are prohibited.
- Discounts and payment plans are generally permissible when accurately described. “Lowest price” claims must be verifiable and not deceptive.
- Unprofessional conduct includes fraud, deception, false advertising, practicing beyond scope, failing to meet infection control standards, and falsifying records.
Worked example
An office advertises “guaranteed painless treatment at the lowest price in New Hampshire.” Reasoning: “guaranteed painless” promises an outcome that cannot be assured, and “lowest price” is an unverifiable superiority claim unless substantiated. The ad is misleading and can support a Board complaint.
Traps that cost marks
Assuming commercial speech is never regulated-false or misleading advertising is not protected; thinking every discount is illegal; and forgetting that fee splitting and kickbacks are unprofessional conduct even when the patient is not harmed.