DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 346 Reengrossed 2015 Regular Session Hoffmann
Abstract: Authorizes the La. State Board of Dentistry to provide an advisory opinion regarding
proposed advertising by dentists.
Present law authorizes the La. State Board of Dentistry (board) to regulate the advertisements of
dentists.
Proposed law retains present law.
Proposed law authorizes any dentist who wishes to advertise to submit a copy of the proposed
advertisement to the board for an advisory opinion on whether the advertisement complies with the
requirements of the statutes and rules applicable to dental advertising in La.
Proposed law requires a dentist, when requesting an advisory opinion from the board, to submit the
following to the board at least 30 days in advance of the desired opinion date:
(1)A copy of the advertisement or communication in the form or forms in which it is to be
disseminated.
(2)A typewritten transcript of the advertisement or communication.
(3)A printed copy of all text used in the advertisement.
(4)An accurate English translation.
(5)A sample envelope in which the written communication will be enclosed.
(6)A statement listing all media in which the advertisement or communication will appear, the
anticipated frequency of use of the advertisement or communication in each medium in
which it will appear, and the anticipated time period during which the advertisement or
communication will be used.
(7)Any additional information requested by the board.
(8)Fees paid to the board, in an amount set by the board.
Proposed law provides that the advisory opinion issued by the board, though not conclusive, may be used as evidence in any disciplinary proceeding by the board in which an advertising violation
is alleged.
Proposed law authorizes the board, if an advertisement previously approved in an advisory opinion
is later found to be out of compliance, to require the dentist to amend or remove the nonconforming
advertisement in lieu of imposing penalties. The board is prohibited from imposing a penalty unless
the dentist fails to take steps to either amend or remove the advertisement within 30 days after
receiving notice from the board.
Present law authorizes the board to collect certain fees.
Proposed law retains present law and adds a fee for review of proposed advertising with a minimum
of $150.00 and a maximum of $300.00.
Present law requires the board to notify the advertising dentist by mail if it determines that a portion
of an advertisement constitutes unprofessional conduct. Present law further requires the board to
provide the dentist with 30 days to correct the portions of the advertisement in violation and submit
to the board proof of the correction prior to any disciplinary action being taken. The option to
correct an advertisement under present law may be used by a dentist for the first two violations.
Proposed law limits present law to instances where there is no clear violation or no false claims
regarding specialization.
(Amends R.S. 37:775(B); Adds R.S. 37:775(C) and 795(B)(1)(n))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Add a provision authorizing the board to require the amendment or removal of a
previously approved advertisement in lieu of imposing penalties.
3. Limit present law provisions granting a dentist the opportunity to avoid penalties by
amending or removing an advertisement deemed to be unprofessional conduct to
instances where there is no clear violation or no false claims regarding specialization.
4. Make proposed law effective August 1, 2015.