The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Martiny (SB 167)
Proposed law defines "advertisement" and "advertising" to mean any statement, oral or written,
requested and approved in writing 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 advertising of any
nature regardless of whether it is in the form of paid advertising but shall not apply to any such
statement which has not been requested and approved in writing by the licensed dentist. 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 (i.e., third party payer including, without limitation, a dental health
maintenance organization, a dental preferred provider organization, Medicaid, or a dental
discount entity) shall not be deemed an advertisement or advertising by the dentist, and the
insurance company, and the associated affiliate shall not be deemed a "referral" company nor
shall a "listed" dentist be considered to be advertising through a referral service by participating
with such a company.
Present law provides for one of powers of the Louisiana State Board of Dentistry (board) to be
investigating complaints of illegal practice or a violation of present law when evidence is
presented to the board.
Proposed law amends present law to provide the board the power to investigate complaints of
illegal practice or a violation of present law when evidence is presented to the board. Further,
upon receipt by the board of a complaint against a licensee, the board shall notify the licensee of
the nature and facts of the complaint, the identity of the complainant, and provide the licensee
with a copy of the complaint, if such a complaint is in writing.
Present law 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.
Present law provides when it is required by present law 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 by present law 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 phone
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 phone 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.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:751(A), 760(A)(7), and 775(A)(9) and (B))