8.3 Advertising, Professional Titles, and Public Representation

8.3 Advertising, Professional Titles, and Public Representation

The professional practices domain of the outline asks candidates to "comply with requirements regarding advertising to inform the public of dental hygiene qualifications and services provided," and to know the laws about the dissemination of information pertaining to professional qualifications and services. California regulates this on three levels: a general healing-arts advertising statute, dental-hygiene-specific unprofessional conduct grounds, and title and name protections.

The General Standard: BPC § 651

BPC § 651(a) makes it unlawful for any person licensed under Division 2 to disseminate, or cause to be disseminated, any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image for the purpose of, or likely to, induce the rendering of professional services. "Public communication" is broad: signage, print, radio, television, websites, social media posts, patient newsletters, and paid search copy all count.

BPC § 651(b) enumerates what makes a communication deceptive. A statement violates the section when it:

1. Contains a misrepresentation of fact;
2. Is likely to mislead or deceive because it fails to disclose material facts;
3. Is intended or likely to create false or unjustified expectations of favorable results — including altered images, or before-and-after photographs of models presented without disclosure;
4. Relates to fees without fully and specifically disclosing all variables and other material factors;
5. Contains other representations that would cause an ordinarily prudent person to misunderstand or be deceived;
6. Makes a claim of professional superiority that cannot be substantiated;
7. Makes scientific claims that cannot be substantiated by generally accepted professional standards; or
8. Includes misleading endorsements or testimonials.

Violation is a misdemeanor under § 651(f) and is "good cause" for revocation, suspension, or other disciplinary action under § 651(g). BPC § 137 separately authorizes boards to require inclusion of the license number in advertising.

The Dental Hygiene Grounds: BPC § 1950.5

Four subdivisions of the unprofessional conduct statute address public communications directly, and candidates should be able to name them:

• § 1950.5(g) — "The making use by the licensee or any agent of the licensee of any advertising statements of a character tending to deceive or mislead the public."
• § 1950.5(h) — "The advertising of either professional superiority or the advertising of performance of professional services in a superior manner," except as permitted by BPC § 651(h).
• § 1950.5(j) — "Advertising in violation of Section 651."
• § 1950.5(k) — "Advertising to guarantee any dental hygiene service, or to perform any dental hygiene procedure painlessly," except as permitted by § 651.

Subdivision (k) is the one most often missed. A social post promising "painless cleanings guaranteed" is an independent statutory violation even if every other claim in it is true. Two related grounds sit alongside them: § 1950.5(i) prohibits "the employing or the making use of solicitors," and § 1950.5(e) prohibits using any false, assumed, or fictitious name in advertising or otherwise indicating that the person practices, except a name allowed by a valid BPC § 1962 permit.

Title Protection (BPC §§ 1958, 1959)

BPC § 1959 permits a person holding a valid, unrevoked, and unsuspended license to append "R.D.H.," "R.D.H.A.P.," or "R.D.H.E.F." to their name — and only such a person.

BPC § 1958 makes the misuse of those titles a misdemeanor punishable by 10 days to one year in county jail, a fine of $100 to $1,500, or both. It covers a person who:

• (a) assumes the title "registered dental hygienist," "registered dental hygienist in alternative practice," or "registered dental hygienist in extended functions," or appends R.D.H., R.D.H.A.P., or R.D.H.E.F. to their name, without having the right conferred by licensure;
• (b) assumes any title or appends any letters with intent to falsely represent having a dental hygiene degree or a license;
• (c) engages in the practice of dental hygiene without conspicuously displaying their license in their office; or
• (d) fails, within 10 days of demand by the Board's executive officer, to furnish the names and addresses of all persons practicing or assisting in the practice of dental hygiene in their office.

BPC § 1960(g) adds a heavier penalty — misdemeanor on a first offense, felony thereafter — for practicing, advertising, or otherwise indicating practice under any false, assumed, or fictitious name other than the name under which the person is licensed, unless a § 1962 permit authorizes it.

Fictitious and Group Names (BPC § 1962)

An association, partnership, corporation, or group of three or more RDHAPs practicing under a name that would otherwise violate § 1960 needs an unexpired DHBC permit. So does an individual RDHAP or a pair of RDHAPs using such a name. The Board issues the permit only where:

• the applicants are duly licensed RDHAPs;
• the place of practice is owned or leased by them, the practice is wholly owned and entirely controlled by them, and it is an approved area or practice setting under BPC § 1926; and
• the proposed name contains at least one of the designations "dental hygiene group," "dental hygiene practice," or "dental hygiene office," contains the family name of one or more past, present, or prospective associates, partners, shareholders, or members, conforms to BPC § 651, and does not violate BPC § 1950.5(i) or (l).

Note the effect of the required designations: a permitted name must tell the public it is a dental hygiene practice. A name implying a general dental office is not available.

The RDHAP Holding-Out Rule (BPC § 1927(a))

An RDHAP occupies an unusual position — an independent, direct-access clinician who is nevertheless not a dentist. BPC § 1927(a) therefore forbids an RDHAP to "infer, purport, advertise, or imply that he or she is in any way able to provide dental services or make any type of dental diagnosis beyond evaluating a patient's dental hygiene status, providing a dental hygiene treatment plan, and providing the associated dental hygiene services." The verbs matter: infer, purport, advertise, or imply. A truthful website that nonetheless leaves the public with the impression that the practice offers restorative care violates the section.

Disclosures Required of Registered RDHAP Facilities

For an RDHAP operating a registered physical facility or mobile dental hygiene clinic, advertising carries mandatory content. 16 CCR §§ 1116(d)(2)(B) and 1116.5(c)(2)(B) require the name of the facility (including any fictitious name authorized by BPC § 1962), the physical address of record, and the facility or MDHC registration number on all forms of advertisement, solicitation, or other presentments to the public — including cards, letterheads, telephone listings, internet websites, written solicitations, communications to prospective patients, and contract proposals. In addition, 16 CCR §§ 1116(h)(3) and 1116.5(f)(3) require a posted notice, in at least 48-point type, stating that dental hygienists in alternative practice are licensed and regulated by the Dental Hygiene Board of California, with the Board's telephone number and website.