The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 6832

January 13, 1995

DENTISTS:

Advertising a specialty field of dentistry

Only a dentist certified as a specialist in a specialty field of dentistry may mention that specialty field in the dentist's advertisement without disclosing in the advertisement that the dentist is not certified as a specialist in that field.

Honorable Michael J. Griffin

State Representative

The Capitol

Lansing, Michigan

You have asked if a dentist not certified as a specialist in a specialty field of dentistry may mention that specialty field in the dentist's advertisement without disclosing in the advertisement that the dentist is not certified as a specialist in that field.

The Public Health Code, 1978 PA 368, MCL 333.1101 et seq; MSA 14.15(1101) et seq, provides for the licensing and regulation of various health professions including dentistry. Within this profession, certain areas of specialty practice are recognized in section 16608(1), which states:

The board may issue a health profession specialty certification to a licensed dentist who has advanced training beyond that required for initial licensure and who has demonstrated competency through examination or other evaluative processes in 1 or more of the following specialty fields: prosthodontics, endodontics, oral and maxillofacial surgery, orthodontics, pediatric dentistry, periodontics, or oral pathology. [ Emphasis added.]

Based upon the above provision, the Board of Dentistry (Board) promulgated rules setting forth the necessary qualifications for certification within each of the identified specialty areas. 1984 AACS, R 338.11501 - R 338.11527. Thus, a dentist licensed by the Board who meets the advanced educational requirements established within the rules may become certified as a specialist. However, the Public Health Code does not prohibit a general dentist from practicing dentistry in any one or all of the designated specialty areas. For example, a general dentist is permitted to practice in the area of orthodontics, even if not certified as an orthodontic specialist.

However, there are limitations in the manner in which a general dentist practicing a dental specialty may hold himself or herself out to the public. Section 16261(2) of the Public Health Code proscribes:

An individual shall not announce or hold himself or herself out to the public as limiting his or her practice to, as being specially qualified in, or as giving particular attention to a health profession specialty field for which a board issues a specialty certification, without first having obtained a specialty certification.

The Board has the authority to regulate the manner in which general dentists hold themselves out to the public as offering services in one or all of the specialty areas. The Board promulgated administrative rules clarifying the advertisement of dental specialties.

Initially, 1984 AACS, R 338.11525 provided as follows:

(1) A dentist who is not certified as a specialist by the board shall not announce or hold himself or herself out to the public as limiting his or her practice to, as being specially qualified in, or as giving special attention to, a branch of dentistry. A dentist is holding himself or herself out as a specialist in either of the following situations:

(a) When, in any way, he or she gives public emphasis to the practice of some particular specialty of dentistry without disclosing that he or she is a dentist who is not certified as a specialist.

 

(3) A dentist not certified as a specialist shall not advertise or announce that his or her practice is limited to providing services in a specialty area without disclosing in the advertising or announcement that he or she is a general dentist. For purposes of the subrule, a specialist who advertises services in areas other than his or her certified specialty is considered a general dentist. [ Emphasis added.]

Prior to June 3, 1994, Rule 338.11525 permitted a general dentist to advertise a specialty provided the advertisement included the term "general dentist" or the phrase "not certified as a specialist." However, the Board recently amended Rule 338.11525, (effective June 3, 1994), by rescinding subsection 3, which permitted the general dentist to advertise a speciality by simply stating that he or she was a "general dentist."

Currently, if a general dentist is not certified in the specialty, but wishes to advertise the specialty, the advertisement must disclose that the dentist is "not certified as a specialist," as provided in 1994 MR 5, R 338.11525(1)(a).

Michigan's regulatory provisions regarding dental specialty advertisement are consistent with court decisions that have reviewed similar restrictions in other states. See, e.g., Parker v Kentucky Bd of Dentistry, 818 F2d 504, 510 (CA 6, 1987); Parmley v Missouri Dental Bd, 719 SW2d 745, 753 (Mo, 1986).

It is my opinion, therefore, only a dentist certified as a specialist in a specialty field of dentistry may mention that specialty field in the dentist's advertisement without disclosing in the advertisement that the dentist is not certified as a specialist in that field.

Frank J. Kelley

Attorney General