Minnesota Administrative Rules

3100.6500 COMMUNICATING DECEPTIVE STATEMENT OR CLAIM.

A person shall not, on behalf of the person, a partner, an associate, or any other dentist with whom the person is affiliated through a firm or association, use or participate in the use of any form of public communication containing a false, fraudulent, misleading, or deceptive statement or claim.

A false, fraudulent, misleading, or deceptive statement or claim is one which:

A.

contains a misrepresentation of fact;

B.

is likely to mislead or deceive because in context it makes only a partial disclosure of relevant facts;

C.

is intended or is likely to create false or unjustified expectations of favorable results;

D.

appeals to an individual's anxiety in an excessive or unfair way;

E.

contains material claims of superiority that cannot be substantiated;

F.

misrepresents a dentist's credentials, training, experience, or ability; or

G.

contains other representations or implications that in reasonable probability will cause an ordinary, prudent person to misunderstand or be deceived.

Statutory Authority:

MS s 150A.04; 150A.11; 214.15

History:

10 SR 1613; 17 SR 1279; 35 SR 459

Published Electronically:

September 30, 2010