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Regular Session, 2014
SENATE BILL NO. 167
BY SENATOR MARTINY
DENTISTRY. Provides relative to the Board of Dentistry. (gov sig)
AN ACT1
To amend and reenact R.S. 37:751(A), 775(A)(2) and (9) and (B), and 776(A)(14) and to2
enact R.S. 37:780(B)(5), relative to the Louisiana State Board of Dentistry; to3
provide for definitions; to provide for dental advertisements; to provide relative to4
unprofessional conduct; to provide for fines; to provide for terms, procedures, and5
conditions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 37:751(A), 775(A)(2) and (9) and (B), and 776(A)(14) are hereby8
amended and reenacted and R.S. 37:780(B)(5) is hereby enacted to read as follows:9
§751. Definitions; licensure; presumption; short title10
A. As used in this Chapter:11
(1) "Advertisement" and "advertising" means any statement, oral or12
written, requested and approved by a licensed dentist, disseminated to or13
displayed before the public or any portion thereof with the intent of selling14
professional dental services, offering to perform professional dental services, or15
inducing members of the public to enter into any obligation relating to such16
professional dental services. This shall apply to an approved statement of any17 SB NO. 167
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nature regardless of whether it is in the form of paid advertising. In addition,1
listing, identifying, or grouping of dentists by an insurance company on a2
website or by any other means of disseminating information involving a dentist3
participating with an insurance company and an associated affiliate , including4
but not limited to a third party payor including, without limitation, a dental5
health maintenance organization, a dental preferred provider organization,6
Medicaid, or a dental discount entity, shall not be deemed an advertisement or7
advertising by the dentist. For the purposes of this Chapter, neither the8
insurance company nor the associated affiliate shall be deemed a referral9
company and a listed dentist shall not be considered to be advertising through10
a referral service by participating with such company or affiliate.11
(2) "Another state" means each of the several states, other than Louisiana,12
and includes the District of Columbia, and the Commonwealth of Puerto Rico and13
the Virgin Islands.14
(2)(3) "Board" means the Louisiana State Board of Dentistry.15
(3)(4) "Dental assistant" means a person who is employed by a licensed16
practicing dentist and performs the duties authorized by the Louisiana State Board17
of Dentistry only under his direct on-premises supervision, direction, and18
responsibility.19
(4)(5) "Dental hygienist" means a person licensed under the provision of this20
Chapter to perform those duties authorized by the Louisiana State Board of Dentistry21
as set forth in rules and regulations promulgated by the board in accordance with the22
Administrative Procedure Act.23
(5)(6) "Dentistry" means the evaluation, diagnosis, prevention, or treatment,24
including nonsurgical, surgical, or related procedures, of diseases, disorders, or25
conditions of the oral cavity, maxillofacial areas or the adjacent and associated26
structures and their impact on the human body provided by a dentist within the scope27
of his education, training, and experience, in accordance with the ethics of the28
profession and applicable law.29 SB NO. 167
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(6)(7) "Expanded duty dental assistant" means a person who is employed by1
a licensed practicing dentist and has passed an expanded function for dental2
assistants course approved by the Louisiana State Board of Dentistry that shall not3
consist of less than thirty classroom hours, or who has graduated from a dental4
assisting program accredited by the Commission on Dental Accreditation of the5
American Dental Association provided the program teaches functions as provided6
for in LAC 46:XXXIII.502 and .503. An expanded duty dental assistant may perform7
any functions authorized by the Louisiana State Board of Dentistry for an expanded8
duty dental assistant under the direct, on-premises supervision, direction, and9
responsibility of the dentist.10
(7)(8) "Licensure by credentials" means issuing of a license using a11
performance record in place of examinations to evaluate theoretical knowledge and12
clinical skill when an applicant for licensure has been awarded a D.D.S. or D.M.D.13
degree from a dental school accredited by the Commission on Dental Accreditation14
of the American Dental Association and holds a dental license or has received a15
degree or certificate in a dental hygiene education program accredited by the16
Commission on Dental Accreditation of the American Dental Association and holds17
a dental hygiene license.18
(8)(9) "Reciprocity" means formal reciprocal agreement between two state19
boards under which a dentist licensed in one state may apply for and receive a20
license in another state without examination and without fulfilling any other21
requirements except the usual state license fees.22
(9)(10) "Reputable dental school" means one that is recognized as such by23
the Louisiana State Board of Dentistry according to its rules and regulations.24
(10)(11) "Unlicensed person" means a person who is not licensed by the25
board who illegally practices dentistry or dental hygiene.26
* * *27
§775. Unprofessional conduct defined28
A. As used in this Chapter, "unprofessional conduct" means:29 SB NO. 167
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* * *1
(2) Not including in advertisements the name which appears on the license2
or renewal certificate of the dentist, the dentist's commonly used name, or the3
name which is authorized under Chapter 11 of Title 12 of the Louisiana Revised4
Statutes of 1950, as amended, relative to professional dental corporations or the use5
in advertisements of any name other than that which appears on the license or6
renewal certificate of the dentist, the dentist's commonly used name, or the name7
which is authorized under Chapter 11 of Title 12 of the Louisiana Revised Statutes8
of 1950, as amended, relative to professional dental corporations.9
* * *10
(9)(a) Advertising of dental services in any medium which has not been11
approved by the licensed dentist and which does not contain the dentist's full name12
as it appears on the license or renewal certificate issued by the board or the13
dentist's commonly used name, address, and telephone number.14
(b) Intentionally releasing inaccurate or misleading information by a15
dentist to any source that promotes dissemination of inaccurate or misleading16
information about the dentist by, from, or through such source and failing to17
take immediate steps to request the correction of the inaccurate or misleading18
information that has been released by the source pursuant to its relationship19
with the dentist. For the purposes of this Subparagraph, "source" includes but20
is not limited to an insurance company, dental health maintenance organization,21
a dental preferred provider organization, Medicaid, dental discount company,22
or any other thirty party.23
(c) Engaging or hiring an advertising agency or any other agency or24
person to prepare material to promote the dentist's professional dental services,25
and thereafter failing to review and approve the material before publication or26
release, unless the dentist can show the failure to review and approve the27
material was caused by the failure of the agency or person and not his own.28
* * *29 SB NO. 167
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B.(1) Notwithstanding any provision of this Section, when it is required by1
this Section that an advertisement include the name of the advertising dentist, either2
as it appears on the license or renewal certificate of the dentist or the dentist's3
commonly used name, or the specialties of all dentists practicing within or under4
the name of a corporation, company, association, limited liability company, or trade5
name be disclosed in the advertisement, and address and telephone number of the6
dentist, such requirement requirements shall be deemed to be sufficiently satisfied7
if the names and specialties of all dentists practicing in, with or under the said8
corporation, company, association, limited liability company, or trade name and the9
address and the telephone number are made available on an Internet website fully10
disclosed in the advertisement, or are provided without delay to any individual11
requesting such information by contacting the advertiser at a telephone number also12
disclosed in the advertisement. Whether the advertisement is run by the corporation,13
company, association, limited liability company, or trade name, or any individual14
member practicing therein, all dentists practicing in, with or under the corporation,15
company, association, limited liability company, or trade name shall be responsible16
for the content of the advertisement. Whenever any advertisement is run by or17
on behalf of a corporation, company, association, limited liability company, or18
trade name, all dentists practicing in, with or under the corporation, company,19
association, limited liability company, or trade name shall be responsible for the20
content of the advertisement unless an individual dentist practicing in, with or21
under the corporation, company, association, limited liability company, or trade22
name, advises the board in writing prior to the time the board takes any action23
regarding the advertisement that he assumes sole responsibility for the24
advertisement. If an individual dentist assumes sole responsibility for the25
advertisement pursuant to the provisions of this Paragraph, no other dentist26
shall be responsible for such advertisement.27
(2) Whenever the board determines that an advertisement constitutes28
unprofessional conduct under R.S. 37:775(A)(3), (4), or (5), before taking any29 SB NO. 167
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further action, the board shall notify the advertising dentist by mail of its1
determination and the specific portion of the advertisement that constitutes2
unprofessional conduct. The dentist shall have thirty days from the date of3
receipt of the notice by the dentist to correct the portions of the advertisement4
in violation and submit to the board proof of such correction. If the5
advertisement is corrected to remove the violation within thirty days, the board6
shall take no further action against the advertising dentist for unprofessional7
conduct with regard to such advertisement. In the event an advertisement8
cannot be corrected within the thirty days, it shall be deemed sufficient if the9
dentist submits proof to the board within thirty days that he has directed that10
the correction be made at the next publication date. Pursuant to the provisions11
of this Paragraph, a dentist shall have this right to correct an advertisement12
deemed by the board to be unprofessional conduct under R.S. 37:775(A)(3), (4),13
or (5) only the first two times notified of such violation; there shall be no right14
to correct a third or any subsequent violation, whether for the same15
advertisement or for subsequent advertisements. If an advertisement is run by16
or on behalf of a corporation, company, association, limited liability company,17
or trade name, the aforementioned right to correct shall be limited to two times,18
regardless of the number of dentists in or associated with the corporation,19
association, limited liability company, or trade name.20
§776. Causes for nonissuance, suspension, revocation, or imposition of restrictions21
of dental hygienist license22
A. The board may refuse to issue or may suspend or revoke any license or23
permit or impose probationary or other limits or restrictions on any dental license or24
permit issued under this Chapter for any of the following reasons:25
* * *26
(14) Practicing under any name other than that which appears on the license27
or renewal certificate, the dentist's commonly used name, or the name which is28
authorized under Chapter 11 of Title 12 of the Louisiana Revised Statutes of 1950,29 SB NO. 167
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relating to professional dental corporations.1
* * *2
§780. Hearing; notice; penalty; interest3
* * *4
B. * * *5
(5) Regardless of medium, each advertisement found by the committee6
to be in violation of the provisions of this Chapter shall be considered a single7
violation, regardless of the actual number of violations occurring in the8
advertisement or the number of dentists included in the advertisement.9
Notwithstanding any other provision of this Section, any fine imposed pursuant10
to this Section for an advertising violation shall be not less than five hundred11
dollars nor more than five thousand dollars for the first offense, and the12
maximum allowable amount of such fine shall increase incrementally by five13
thousand dollars for each subsequent offense.14
* * *15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Michelle Ducharme.
DIGEST
Martiny (SB 167)
Proposed law defines "advertisement" and "advertising" to mean any statement, oral or
written, requested and approved by a licensed dentist, disseminated to or displayed before
the public or any portion thereof with the intent of selling professional dental services,
offering to perform professional dental services, or inducing members of the public to enter
into any obligation relating to such professional dental services. This shall apply to an
approved statement of any nature regardless of whether it is in the form of paid advertising.
In addition, listing, identifying, or grouping of dentists by an insurance company on a
website or by any other means of disseminating information involving a dentist participating
with an insurance company and an associated affiliate shall not be deemed an advertisement
or advertising by the dentist. Neither the insurance company nor the associated affiliate shall SB NO. 167
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be deemed a referral company and a listed dentist shall not be considered to be advertising
through a referral service by participating with such company or affiliate.
Present law defines "unprofessional conduct" to include not including in advertisements the
name which appears on the license or renewal certificate of the dentist or which is authorized
by law, relative to professional dental corporations or the use in advertisements of any name
other than that which appears on the license or renewal certificate of the dentist or which is
authorized under Chapter 11 of Title 12 of the Louisiana Revised Statutes of 1950, as
amended, relative to professional dental corporations.
Proposed law retains present law and provides that not including the dentist's commonly
used name may constitute unprofessional conduct.
Present law further defines "unprofessional conduct" to mean advertising of dental services
in any medium which has not been approved by the licensed dentist and which does not
contain the dentist's full name, address, and telephone number.
Proposed law amends present law to define "unprofessional conduct" to mean advertising
of dental services in any medium that does not contain the dentist's full name as it appears
on the license or renewal certificate issued by the board or the dentist's commonly used
name, address, and telephone number.
Proposed law adds that"unprofessional conduct" shall mean:
(1)Intentionally releasing inaccurate or misleading information by a dentist to any
source that promotes dissemination of inaccurate or misleading information about
the dentist by, from, or through such source and failing to take immediate steps to
request the correction of the inaccurate or misleading information that has been
released by the source pursuant to its relationship with the dentist.
(2)Engaging or hiring an advertising agency or any other agency or person to prepare
material to promote the dentist's professional dental services, and thereafter failing
to review and approve the material before publication or release, unless the dentist
can show the failure to review and approve the material was caused by the failure of
the agency or person and not his own.
Present law provides when it is required that an advertisement include the name of the
advertising dentist as it appears on the license or renewal certificate of the dentist or the
specialties of all dentists practicing within or under the name of a corporation, company,
association, limited liability company, or trade name be disclosed in the advertisement, such
requirement shall be deemed to be sufficiently satisfied if the names and specialties of all
dentists practicing in, with or under the said corporation, company, association, limited
liability company, or trade name are made available on an Internet website fully disclosed
in the advertisement, or are provided without delay to any individual requesting such
information by contacting the advertiser at a telephone number also disclosed in the
advertisement.
Proposed law amends present law to provide when it is required that an advertisement
include the name of the advertising dentist, either as it appears on the license or renewal
certificate of the dentist or the dentist's commonly used name, or the specialties of all
dentists practicing within or under the name of a corporation, company, association, limited
liability company, or trade name be disclosed in the advertisement, and address and
telephone number of the dentist, such requirement shall be deemed to be sufficiently
satisfied if the names and specialties of all dentists practicing in, with or under the said
corporation, company, association, limited liability company, or trade name and the address
and the telephone number are made available on an Internet website fully disclosed in the
advertisement, or are provided without delay to any individual requesting such information
by contacting the advertiser at a telephone number also disclosed in the advertisement. SB NO. 167
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words in boldface type and underscored are additions.
Present law provides that whether the advertisement is run by the corporation, company,
association, limited liability company, or trade name, or any individual member practicing
therein, all dentists practicing in, with or under the corporation, company, association,
limited liability company, or trade name shall be responsible for the content of the
advertisement.
Proposed law removes present law and provides that whenever any advertisement is run by
or on behalf of a corporation, company, association, limited liability company, or trade
name, all dentists practicing in, with or under the corporation, company, association, limited
liability company, or trade name shall be responsible for the content of the advertisement
unless an individual dentist practicing in, with or under the corporation, company,
association, limited liability company, or trade name, advises the board in writing prior to
the time the board takes any action regarding the advertisement that he assumes sole
responsibility for the advertisement. If an individual dentist assumes sole responsibility for
the advertisement, no other dentist shall be responsible for such advertisement.
Proposed law provides that whenever the board determines that an advertisement constitutes
a violation of certain provisions of law, before taking any further action, the board shall
notify the advertising dentist by mail of its determination and the specific portion of the
advertisement that constitutes a violation. The dentist shall have 30 days from the date of
receipt of the notice by the dentist to correct the portions of the advertisement in violation
and submit to the board proof of such correction. If the advertisement is corrected to remove
the violation within 30 days, the board shall take no further action against the advertising
dentist for unprofessional conduct with regard to such advertisement. In the event an
advertisement cannot be corrected within the 30 days, it shall be deemed sufficient if the
dentist submits proof to the board within 30 days that he has directed that the correction be
made at the next publication date.
Proposed law further provides that a dentist shall have this right to correct an advertisement
deemed by the board to be in violation of certain provisions of law only the first two times
notified of such violation; there shall be no right to correct a third or any subsequent
violation, whether for the same advertisement or for subsequent advertisements. If an
advertisement is run by or on behalf of a corporation, company, association, limited liability
company, or trade name, the aforementioned right to correct shall be limited to two times,
regardless of the number of dentists in or associated with the corporation, association,
limited liability company, or trade name.
Present law provides for penalties.
Proposed law provides that each advertisement found by the committee to be in violation of
law shall be considered a single violation, regardless of the actual number of violations
occurring in the advertisement or the number of dentists included in the advertisement.
Proposed law further provides that any fine imposed for an advertising violation shall be not
less than $500 nor more than $5,000 for the first offense, and the maximum allowable
amount of such fine shall increase incrementally by $5,000 for each subsequent offense.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:751(A), 775(A)(2) and (9) and (B), and 776(A)(14); adds R.S.
37:780(B)(5))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Revises the definition of "advertisement". SB NO. 167
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2. Revises the definition of "unprofessional conduct".
3. Provides fines for advertisement violations.
4. Provides for the procedures relative to advertisement violations.