Dental marketing rules and regulations: a plain-language overview

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This is a general overview to help you ask the right questions. It isn't legal advice, and state dental board rules vary. Check your state board's advertising rules and talk to a healthcare attorney before launching campaigns that use patient information, testimonials or texting.

HIPAA: patient information in marketing

• Using a patient's name, photo, story or treatment details in marketing generally requires the patient's written authorization.
• Replying to online reviews in a way that confirms someone is a patient, or discusses their care, can be a privacy violation, even when the patient posted first. HHS has taken enforcement action against dental practices for exactly this.
• Marketing vendors that handle patient information on your behalf (email or text platforms, call tracking, CRMs) generally need a Business Associate Agreement.
• Website tracking tools can disclose patient information to third parties. HHS has issued guidance on online tracking technologies (a federal court later limited part of it); review what your site's pixels and analytics collect.

FTC rules on endorsements and reviews

• The FTC's Endorsement Guides (16 CFR Part 255) require testimonials to reflect honest experiences and require disclosure of any material connection, such as payment, a discount or employment.
• The FTC's rule on consumer reviews and testimonials (16 CFR Part 465) prohibits fake reviews, buying reviews, and suppressing negative reviews, among other practices, and allows civil penalties.
• Results shown in before-and-after photos or testimonials should be typical, or clearly described as not typical.

Professional and state board standards

• The ADA Principles of Ethics and Code of Professional Conduct say dentists must not advertise in a false or misleading way.
• Many states regulate how dentists may describe themselves as specialists, require disclosures in price advertising, and restrict guarantees or claims of superiority. Check your state dental board's rules.
• Statements such as "best dentist" or "painless" can be treated as unverifiable or misleading claims in some states.

Texting and calling patients: the TCPA

• Marketing texts and prerecorded or autodialed marketing calls generally require the patient's prior express written consent.
• Appointment reminders and other healthcare messages are treated differently from marketing, but they still have limits. Keep the two separate.
• Honour opt-outs promptly and keep consent records.
• Business texting in the US also requires 10DLC brand and campaign registration with the carriers.

Email: CAN-SPAM

• Use accurate sender names and subject lines.
• Include your physical address and a working unsubscribe link in marketing emails.
• Honour unsubscribe requests within 10 business days.

A quick compliance checklist

• Written authorization on file for every patient featured in marketing.
• Review-reply templates that never confirm patient status.
• Business Associate Agreements with every vendor that touches patient data.
• Written consent records for marketing texts and calls.
• Advertising claims checked against your state dental board's rules.