20:43:04:01.  Representation of or advertising specialty practice. A dentist may advertise or represent oneself as a specialist or use the terms specializes, specializing, or another variation of either term, for any specialty in which the dentist has completed a post-doctoral program that:

    (1)  Consists of at least two full-time years; and

    (2)  Is accredited by an accreditation agency recognized by the United States Department of Education or is administered by a dental school accredited by an organization recognized by the United States Department of Education.

    A dentist advertising or representing oneself as a specialist or using the term specializes, specializing, or another variation of either term, must avoid any implication that another dentist associated with the same practice or entity is a specialist, unless that dentist meets the requirements of this section.

    Declaration to the public of a specialty practice or the inference of specialty status not authorized by this section is engaging in false or misleading advertising.

    Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 11 SDR 73, effective November 27, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 132, effective February 17, 1992; 37 SDR 131, effective January 6, 2011; 50 SDR 12, effective August 8, 2023.

    General Authority: SDCL 36-6A-14(20).

    Law Implemented: SDCL 36-6A-14(1)(22), 36-6A-28, 36-6A-29, 26-6A-59.1(13).

    20:43:04:01.01.  Advertising. For any advertisement for dental services:

    (1)  The State Board of Dentistry may require a dentist to substantiate the truthfulness of any assertion or representation of material fact set forth in an advertisement. At the time an advertisement is placed, the dentist must possess and rely upon information that, when produced, would substantiate the truthfulness of any assertion, omission, or representation of material fact set forth in the advertisement. The failure to possess and rely upon information necessary to substantiate an assertion, omission, or representation of material fact set forth in the advertisement at the time the advertisement is placed or the failure or refusal to provide to the board the information necessary to substantiate an assertion, omission, or representation of material fact set forth in the advertisement, when requested by the board, is engaging in false or misleading advertising;

    (2)  Each dentist who is a director, manager, partner, shareholder, contracted employee, or licensed professional employee, acting as an agent of the entity identified in an advertisement, is jointly and severally responsible for the form and content of any advertisement offering services or materials; and

    (3)  A dentist must retain a recording or copy of every advertisement communicated by electronic media, and a copy of every advertisement communicated by print media, for a period of one year following the date of the advertisement. The dentist shall make the recording or copy of the advertisement available for review upon request by the board or its designee.

    Source: 50 SDR 12, effective August 8, 2023.

    General Authority: SDCL 36-6A-14(20).

    Law Implemented: SDCL 36-6A-14(1)(22), 36-6A-28, 36-6A-29, 36-6A-59.1(13).