RÉSUMÉ DIGEST
ACT 214 (HB 346) 2015 Regular Session Hoffmann
Existing law authorizes the La. State Board of Dentistry (board) to regulate the
advertisements of dentists.
New 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.
New 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)The fee for review of proposed advertising as provided by law.
New 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.
New 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. Further prohibits the board 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.
Existing law authorizes the board to collect certain fees.
New law adds a fee for review of proposed advertising with a minimum of $150.00 and a
maximum of $300.00.
Existing law requires the board to notify the advertising dentist by mail if it determined that
a portion of an advertisement constitutes unprofessional conduct. Existing 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 Existing to any
disciplinary action being taken. Existing law limits the option to correct an advertisement
to the first two violations only.
New law further limits existing law to instances where there is no clear violation or no false
claims regarding specialization.
Effective August 1, 2015.
(Amends R.S. 37:775(B); Adds R.S. 37:775(C) and 795(B)(1)(n))