S.D. Admin. R. 20:43:04:01.01

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:43:04:01.01 - Advertising

For any advertisement for dental services:

(1) The State Board of Dentistry may require a dentist to substantiate the truthfulness of any assertion or representation of material fact set forth in an advertisement. At the time an advertisement is placed, the dentist must possess and rely upon information that, when produced, would substantiate the truthfulness of any assertion, omission, or representation of material fact set forth in the advertisement. The failure to possess and rely upon information necessary to substantiate an assertion, omission, or representation of material fact set forth in the advertisement at the time the advertisement is placed or the failure or refusal to provide to the board the information necessary to substantiate an assertion, omission, or representation of material fact set forth in the advertisement, when requested by the board, is engaging in false or misleading advertising;

(2) Each dentist who is a director, manager, partner, shareholder, contracted employee, or licensed professional employee, acting as an agent of the entity identified in an advertisement, is jointly and severally responsible for the form and content of any advertisement offering services or materials; and

(3) A dentist must retain a recording or copy of every advertisement communicated by electronic media, and a copy of every advertisement communicated by print media, for a period of one year following the date of the advertisement. The dentist shall make the recording or copy of the advertisement available for review upon request by the board or its designee.

S.D. Admin. R. 20:43:04:01.01

50 SDR 012, effective 8/8/2023

General Authority: SDCL 36-6A-14(20).

Law Implemented: SDCL 36-6A-14(1)(22), 36-6A-28, 36-6A-29, 36-6A-59.1(13).