practice only if he/she: (a) Has completed a specialty education program
approved by the American Dental Association (ADA) and the Commission on
Dental Accreditation or the Commission on Dental Accreditation of Canada; and
(b) Is eligible for examination by a national specialty board recognized by the
ADA; or (c) Is a diplomate of a national specialty board recognized by the ADA.
(2) A dentist is prohibited from holding him/herself out in directories, listings or
other written or electronic publications as a practitioner in any specialty
recognized by the ADA unless his or her practice is limited only to the specialty
area(s) that is being advertised, listed, or otherwise noted or published.
Massachusetts General Laws, Chapter 112, Section 52A: Illegal Advertising
Section 52A. No registered dentist, person practicing dentistry, or dental
hygienist shall include, or permit, or cause to be included, in any newspaper,
radio, or television advertisement, or in any display sign, personal solicitation or
other manner of advertising, any written or spoken words or statements of a
character tending to deceive or mislead the public, or claiming professional
superiority or the performance of professional services in a superior manner, or
the performance of painless operations of a dental or oral surgical nature, or
shall advertise with signs or printed advertisements, or by means of show cases,
containing the representation of a tooth, teeth, dental restoration of any kind or
of whatsoever design or description or any portion of the human head or neck or
photograph of any person, or shall make or set forth any promises, guarantees,
representations, or statements that satisfaction or a cure will result from the
performance of professional services; provided, however, that the foregoing shall
not be construed to prevent the publication of truthful advertisements concerning
the availability and price of routine dental services by persons subject to this
section. No such registered dentist, person practicing dentistry, or dental
hygienist shall include, or permit, or cause to be included, in any newspaper,
radio or television advertisement or in any display sign, personal solicitation or
other manner of advertising, any written or spoken words or statements of a
character that: (1) contains a statement of opinion as to the quality of dental
services; (2) refers to benefits or other attributes of dental procedures or
products that involve significant risks but that do not include realistic
assessments of the safety and efficacy of such procedures or products; (3)
contains statistical data, representations, or other information that is not
susceptible to reasonable verification by the public; (4) refers to a fee or fees for
dental services and fail to disclose that additional fees may be involved in
individual cases, if the possibility of incurring such additional fees may be
reasonably foreseen; (5) offers a discount for dental services without disclosing
the total fee from which the discount will apply; (6) fails to make a disclosure of
the source and authorship of any message published under a dentist's byline; or
(7) contain a statement concerning the availability of specialty services to
make the public believe that specialty care is rendered in a dental office by
a qualified specialist when such is not the case. Nothing in the provisions of
this section shall be construed to apply to or prohibit, restrict or limit the
operations of the business of a dental laboratory. The board may, by regulation,
in a manner consistent with the foregoing, further regulate advertising by
persons subject to this section.
If a registered dentist contracts with a referral service and a fee is required for
the registered dentist to be part of the referral service network, the referral
service shall disclose the existence of the fee arrangement in any newspaper,
radio or television advertisement, or in any display sign, personal solicitation or
other manner of advertising. The disclosure shall plainly state the existence of
the fee arrangement between the referral service and the dentists belonging to