and dental community , including , in the case of a serious adverse event , the Food and Drug Administration ( FDA ).
5 . D . 2 . MARKETING OR SALE OF PRODUCTS OR PROCEDURES . Dentists who , in the regular conduct of their practices , engage in or employ auxiliaries in the marketing or sale of products or procedures to their patients must take care not to exploit the trust inherent in the dentist-patient relationship for their own financial gain . Dentists should not induce their patients to purchase products or undergo procedures by misrepresenting the product ’ s value , the necessity of the procedure or the dentist ’ s professional expertise in recommending the product or procedure .
In the case of a health-related product , it is not enough for the dentist to rely on the manufacturer ’ s or distributor ’ s representations about the product ’ s safety and efficacy . The dentist has an independent obligation to inquire into the truth and accuracy of such claims and verify that they are founded on accepted scientific knowledge or research .
Dentists should disclose to their patients all relevant information the patient needs to make an informed purchase decision , including whether the product is available elsewhere and whether there are any financial incentives for the dentist to recommend the product that would not be evident to the patient .
5 . E . PROFESSIONAL ANNOUNCEMENT . In order to properly serve the public , dentists should represent themselves in a manner that contributes to the esteem of the profession . Dentists should not misrepresent their training and competence in any way that would be false or misleading in any material respect . 3
5 . F . ADVERTISING . Although any dentist may advertise , no dentist shall advertise or solicit patients in any form of communication in a manner that is false or misleading in any material respect . 3
ADVISORY OPINIONS
5 . F . 1 . PUBLISHED COMMUNICATIONS . If a dental health article , message or newsletter is published in print or electronic media under a dentist ’ s byline to the public without making truthful disclosure of the source and authorship or is designed to give rise to questionable expectations for the purpose of inducing the public to utilize the services of the sponsoring dentist , the dentist is engaged in making a false or misleading representation to the public in a material respect . 3
5 . F . 2 . EXAMPLES OF “ FALSE OR MISLEADING .”
The following examples are set forth to provide insight into the meaning of the term “ false or misleading in a material respect .” 3 These examples are not meant to be all-inclusive . Rather , by restating the concept in alternative language and giving general examples , it is hoped that the membership will gain a better understanding of the term . With this in mind , statements shall be avoided which would : a ) contain a material misrepresentation of fact , b ) omit a fact necessary to make the statement considered as a whole not materially misleading , c ) be intended or be likely to create an unjustified expectation about results the dentist can achieve , and d ) contain a material , objective representation , whether express
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