Page 1 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 167
BY SENATOR MARTINY
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
nature regardless of whether it is in the form of paid advertising.18
"Advertisement" and "advertising" shall not include any communication, oral19
or written, by a nonprofit entity that meets the statutory, regulatory, and20
program requirements for grantees supported under Section 330 of the Public21
Health Service Act, 42 U.S.C. §254b, or its successor. In addition, listing,22
identifying, or grouping of dentists by an insurance company on a website or by23
any other means of disseminating information involving a dentist participating24
with an insurance company and an associated affiliate , including but not25
limited to a third party payor including, without limitation, a dental health26
ACT No. 856 SB NO. 167 ENROLLED
Page 2 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
maintenance organization, a dental preferred provider organization, Medicaid,1
or a dental discount entity, shall not be deemed an advertisement or advertising2
by the dentist. For the purposes of this Chapter, neither the insurance company3
nor the associated affiliate shall be deemed a referral company and a listed4
dentist shall not be considered to be advertising through a referral service by5
participating with such company or affiliate.6
(2) "Another state" means each of the several states, other than Louisiana,7
and includes the District of Columbia, and the Commonwealth of Puerto Rico and8
the Virgin Islands.9
(2)(3) "Board" means the Louisiana State Board of Dentistry.10
(3)(4) "Dental assistant" means a person who is employed by a licensed11
practicing dentist and performs the duties authorized by the Louisiana State Board12
of Dentistry only under his direct on-premises supervision, direction, and13
responsibility.14
(4)(5) "Dental hygienist" means a person licensed under the provision of this15
Chapter to perform those duties authorized by the Louisiana State Board of Dentistry16
as set forth in rules and regulations promulgated by the board in accordance with the17
Administrative Procedure Act.18
(5)(6) "Dentistry" means the evaluation, diagnosis, prevention, or treatment,19
including nonsurgical, surgical, or related procedures, of diseases, disorders, or20
conditions of the oral cavity, maxillofacial areas or the adjacent and associated21
structures and their impact on the human body provided by a dentist within the scope22
of his education, training, and experience, in accordance with the ethics of the23
profession and applicable law.24
(6)(7) "Expanded duty dental assistant" means a person who is employed by25
a licensed practicing dentist and has passed an expanded function for dental26
assistants course approved by the Louisiana State Board of Dentistry that shall not27
consist of less than thirty classroom hours, or who has graduated from a dental28
assisting program accredited by the Commission on Dental Accreditation of the29
American Dental Association provided the program teaches functions as provided30 SB NO. 167 ENROLLED
Page 3 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
for in LAC 46:XXXIII.502 and .503. An expanded duty dental assistant may perform1
any functions authorized by the Louisiana State Board of Dentistry for an expanded2
duty dental assistant under the direct, on-premises supervision, direction, and3
responsibility of the dentist.4
(7)(8) "Licensure by credentials" means issuing of a license using a5
performance record in place of examinations to evaluate theoretical knowledge and6
clinical skill when an applicant for licensure has been awarded a D.D.S. or D.M.D.7
degree from a dental school accredited by the Commission on Dental Accreditation8
of the American Dental Association and holds a dental license or has received a9
degree or certificate in a dental hygiene education program accredited by the10
Commission on Dental Accreditation of the American Dental Association and holds11
a dental hygiene license.12
(8)(9) "Reciprocity" means formal reciprocal agreement between two state13
boards under which a dentist licensed in one state may apply for and receive a14
license in another state without examination and without fulfilling any other15
requirements except the usual state license fees.16
(9)(10) "Reputable dental school" means one that is recognized as such by17
the Louisiana State Board of Dentistry according to its rules and regulations.18
(10)(11) "Unlicensed person" means a person who is not licensed by the19
board who illegally practices dentistry or dental hygiene.20
* * *21
§775. Unprofessional conduct defined22
A. As used in this Chapter, "unprofessional conduct" means:23
* * *24
(2) Not including in advertisements the name which appears on the license25
or renewal certificate of the dentist, the dentist's commonly used name, or the26
name which is authorized under Chapter 11 of Title 12 of the Louisiana Revised27
Statutes of 1950, as amended, relative to professional dental corporations or the use28
in advertisements of any name other than that which appears on the license or29
renewal certificate of the dentist, the dentist's commonly used name, or the name30 SB NO. 167 ENROLLED
Page 4 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
which is authorized under Chapter 11 of Title 12 of the Louisiana Revised Statutes1
of 1950, as amended, relative to professional dental corporations.2
* * *3
(9)(a) Advertising of dental services in any medium which has not been4
approved by the licensed dentist and which does not contain the dentist's full name5
as it appears on the license or renewal certificate issued by the board or the6
dentist's commonly used name, address, and telephone number.7
(b)(i) Intentionally releasing inaccurate or misleading information by a8
dentist to any source that promotes dissemination of inaccurate or misleading9
information about the dentist by, from, or through such source.10
(ii) Failing to take immediate steps to request the correction of11
inaccurate or misleading information that has been released by a source12
pursuant to the source's relationship with the dentist.13
(iii) For the purposes of this Subparagraph, "source" includes but is not14
limited to an insurance company, dental health maintenance organization, a15
dental preferred provider organization, Medicaid, dental discount company, or16
any other thirty party.17
(c) Engaging or hiring an advertising agency or any other agency or18
person to prepare material to promote the dentist's professional dental services,19
and thereafter failing to review and approve the material before publication or20
release, unless the dentist can show the failure to review and approve the21
material was caused by the failure of the agency or person and not his own.22
* * *23
B.(1) Notwithstanding any provision of this Section, when it is required by24
this Section that an advertisement include the name of the advertising dentist, either25
as it appears on the license or renewal certificate of the dentist or the dentist's26
commonly used name, or the specialties of all dentists practicing within or under27
the name of a corporation, company, association, limited liability company, or trade28
name be disclosed in the advertisement, and address and telephone number of the29
dentist, such requirement requirements shall be deemed to be sufficiently satisfied30 SB NO. 167 ENROLLED
Page 5 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
if the names and specialties of all dentists practicing in, with or under the said1
corporation, company, association, limited liability company, or trade name and the2
address and the telephone number are made available on an Internet website fully3
disclosed in the advertisement, or are provided without delay to any individual4
requesting such information by contacting the advertiser at a telephone number also5
disclosed in the advertisement. Whether the advertisement is run by the corporation,6
company, association, limited liability company, or trade name, or any individual7
member practicing therein, all dentists practicing in, with or under the corporation,8
company, association, limited liability company, or trade name shall be responsible9
for the content of the advertisement. Whenever any advertisement is run by or10
on behalf of a corporation, company, association, limited liability company, or11
trade name, each dentist practicing in, with or under the corporation, company,12
association, limited liability company, or trade name shall be responsible for the13
content of the advertisement unless an individual dentist practicing in, with or14
under the corporation, company, association, limited liability company, or trade15
name, advises the board in writing prior to the time the board takes any action16
regarding the advertisement that he assumes sole responsibility for the17
advertisement. If an individual dentist assumes sole responsibility for the18
advertisement pursuant to the provisions of this Paragraph, no other dentist19
shall be responsible for such advertisement.20
(2) Whenever the board determines that an advertisement constitutes21
unprofessional conduct under Paragraphs (A)(3), (4), or (5) of this Section,22
before taking any further action, the board shall notify the advertising dentist23
by mail of its determination and the specific portion of the advertisement that24
constitutes unprofessional conduct. The dentist shall have thirty days from the25
date of receipt of the notice by the dentist to correct the portions of the26
advertisement in violation and submit to the board proof of such correction. If27
the advertisement is corrected to remove the violation within thirty days of28
receipt of notice, the board shall take no further action against the advertising29
dentist for unprofessional conduct with regard to such advertisement. In the30 SB NO. 167 ENROLLED
Page 6 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
event an advertisement cannot be corrected within the thirty days, it shall be1
deemed sufficient if the dentist submits proof to the board within thirty days of2
receipt of notice that he has directed that the correction be made at the next3
publication date. Pursuant to the provisions of this Paragraph, a dentist shall4
have this right to correct an advertisement deemed by the board to be5
unprofessional conduct under Paragraphs (A)(3), (4), or (5) of this Section only6
the first two times notified of such violation; there shall be no right to correct7
a third or any subsequent violation, whether for the same advertisement or for8
a subsequent advertisement. If an advertisement is run by or on behalf of a9
corporation, company, association, limited liability company, or trade name, the10
aforementioned right to correct shall be limited to two times, regardless of the11
number of dentists in or associated with the corporation, association, limited12
liability company, or trade name.13
§776. Causes for nonissuance, suspension, revocation, or imposition of restrictions14
of dental hygienist license15
A. The board may refuse to issue or may suspend or revoke any license or16
permit or impose probationary or other limits or restrictions on any dental license or17
permit issued under this Chapter for any of the following reasons:18
* * *19
(14) Practicing under any name other than that which appears on the license20
or renewal certificate, the dentist's commonly used name, or the name which is21
authorized under Chapter 11 of Title 12 of the Louisiana Revised Statutes of 1950,22
relating to professional dental corporations.23
* * *24
§780. Hearing; notice; penalty; interest25
* * *26
B. * * *27
(5) Regardless of medium, each advertisement found by the committee28
to be in violation of the provisions of this Chapter shall be considered a single29
violation, regardless of the actual number of violations occurring in the30 SB NO. 167 ENROLLED
Page 7 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
advertisement or the number of dentists included in the advertisement.1
Notwithstanding any other provision of this Section, any fine imposed pursuant2
to this Section for an advertising violation shall be not less than five hundred3
dollars nor more than five thousand dollars for the first offense, and the4
maximum allowable amount of such fine shall increase incrementally by five5
thousand dollars for each subsequent offense.6
* * *7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: