4 . C . JUSTIFIABLE CRITICISM . Dentists shall be obliged to report to the appropriate reviewing agency as determined by the local component or constituent society instances of gross or continual faulty treatment by other dentists . Patients should be informed of their present oral health status without disparaging comment about prior services . Dentists issuing a public statement with respect to the profession shall have a reasonable basis to believe that the comments made are true .
ADVISORY OPINION
4 . C . 1 . MEANING OF “ JUSTIFIABLE .” Patients are dependent on the expertise of dentists to know their oral health status . Therefore , when informing a patient of the status of their oral health , the dentist should exercise care that the comments made are truthful , informed and justifiable . This should , if possible , involve consultation with the previous treating dentist ( s ), in accordance with applicable law , to determine under what circumstances and conditions the treatment was performed . A difference of opinion as to preferred treatment should not be communicated to the patient in a manner which would unjustly imply mistreatment . There will necessarily be cases where it will be difficult to determine whether the comments made are justifiable . Therefore , this section is phrased to address the discretion of dentists and advises against unknowing or unjustifiable disparaging statements against another dentist . However , it should be noted that , where comments are made which are not supportable and therefore unjustified , such comments can be the basis for the institution of a disciplinary proceeding against the dentist making such statements .
4 . D . EXPERT TESTIMONY . Dentists may provide expert testimony when that testimony is essential to a just and fair disposition of a judicial or administrative action .
ADVISORY OPINION
4 . D . 1 . CONTINGENT FEES . It is unethical for a dentist to agree to a fee contingent upon the favorable outcome of the litigation in exchange for testifying as a dental expert .
4 . E . REBATES AND SPLIT FEES . Dentists shall not accept or tender “ rebates ” or “ split fees .”
ADVISORY OPINION
4 . E . 1 . SPLIT FEES IN ADVERTISING AND MARKETING SERVICES . The prohibition against a dentist ’ s accepting or tendering rebates or split fees applies to business dealings between dentists and any third party , not just other dentists . Thus , a dentist who pays for advertising or marketing services by sharing a specified portion of the professional fees collected from prospective or actual patients with the vendor providing the advertising or marketing services is engaged in fee splitting . The prohibition against fee splitting is also applicable to the marketing of dental treatments or procedures via “ social coupons ” if the business arrangement between the dentist and the concern providing the marketing services for that treatment or those procedures allows the issuing company to collect the fee from the prospective patient , retain a defined
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