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5 — Principle: Veracity ("truthfulness")
The dentist has a
duty to communicate truthfully.
Report of the ADA Council On Ethics, Bylaws And
Judicial Affairs on Advisory Opinion 5.F.3. Unearned, Nonhealth
Degrees
Background: Advertising by dentists can provide
information that helps dental patients
make informed choices between practitioners
and services. However, advertising that is false or
misleading in a material respect does
not serve this purpose. It can make the
job of selecting a dentist or dental
services more difficult and involves
risk that the patient will be harmed
by an inappropriate choice. The
ADA Principles of Ethics and Code of Professional Conduct
(ADA Code) states:
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.
The Council adopted Advisory Opinion 5.F.3.
UNEARNED, NONHEALTH DEGREES in
1984 to address the question of when
announcement of a degree by a dentist
is false or misleading in a material respect. In the Council’s view, the use of
degrees in advertising for dental services
can be misleading if it implies that
the dentist has educational qualifications
which the dentist, in fact, does not
possess. Patients are likely to believe that the
degrees listed in an advertisement
for dental services have some bearing on the dentist’s
qualifications to render oral health
care. This is true if the degree
is in a health service area such as prosthodontics or
periodontics. This would not be true
if the degree is in an area like
world history or English literature.
Further, patients are likely to believe
that a degree represents a minimum
level of academic achievement, i.e., that the degree
is "earned." This would not be the case if the degree
was awarded for services or activities in an unrelated area,
i.e., an honorary degree, or if it was awarded by an institution
that did not meet recognized, academic standards, e.g., a so-called "diploma
mill."
The Advisory Opinion states:
A
dentist may use the title Doctor or Dentist, DDS, DMD or any
additional earned, advanced academic degrees in health service
areas in an announcement to the public.
The announcement of an
unearned academic degree may be misleading
because of the likelihood that it will indicate to the public
the attainment of specialty
or diplomate status. For purposes of
this advisory opinion, an unearned academic degree is one which
is awarded by an educational
institution not accredited by a generally
recognized accrediting body or is an honorary degree.
The use of a nonhealth degree in an announcement to the public
may be a representation which is misleading because the public
is likely to assume that any degree announced is related to the
qualifications of the dentist as a practitioner.
Some organizations grant dentists fellowship status as a token
of membership in the organization or some other form of voluntary
association. The use of such fellowships in advertising to the
public may be misleading because of the likelihood that it will
indicate to the public attainment of education or skill in the
field of dentistry.
Generally, unearned or nonhealth degrees and fellowships that
designate association, rather than attainment, should be limited
to scientific papers and curriculum vitae. In all instances,
state law should be consulted. In any review by the council of
the use of designations in advertising to the public, the council
will apply the standard of whether the use of such is false or
misleading in a material respect.
Since Advisory Opinion 5.F.3 was adopted, a number of questions
have arisen concerning its interpretation. This report provides
answers to those questions for the guidance of the members and
the constituent and component dental societies.
Return to Top What credentials are covered by the Advisory
Opinion? The Advisory Opinion applies
to academic degrees such as a "doctorate," "master" or "bachelor." It
also addresses the use of nonhealth degrees,
honorary degrees and fellowships
that designate association rather than attainment
of education or skill in the field of
dentistry.
Return to Top What is an "unearned" degree? An "unearned" degree
is one that is awarded by an educational institution not accredited
by a generally recognized accrediting body. It can also mean
an "honorary" degree or title conferred by an educational
institution in recognition of service
or achievement, without the usual educational
prerequisites or obligations or honorary
fellowship.
Return to Top What are degrees in "health service areas"? Degrees in health service areas are
degrees that relate to the clinical
practice of dentistry or a health care
area. An example is any degree in
a recognized specialty area.
Return to Top How may unearned, nonhealth degrees and
fellowships that designate membership association be ethically
used? The use of such degrees
and designations should generally be limited to activities that
are not used for the direct solicitation of patients, including
scientific papers and curriculum vitae. It may also include third
party payment forms, letterhead and stationery or business cards,
when they are not used for the direct solicitation of patients.
In all instances, state law should be consulted.
Return to Top May the initials "DDS" be used by any dentist so long
as he or she has earned an equivalent dental degree? The American
Dental Association supports the principle that degree determination
is the prerogative of the individual educational institution.
It would be consistent with this policy to use the designation
of the degree that has been awarded. Dentists who have earned
a doctor of dental surgery degree should use of the initials "DDS." Dentists
who have earned a doctor of dental medicine degree should use
the initials "DMD." In all instances, state law should
be consulted.
Return to Top How is the Advisory Opinion to be enforced? It is enforced like any other part
of the Code through the tripartite system’s
disciplinary process, which is spelled
out in Chapter XII of the ADA Bylaws.
The constituents and components are reminded
that before a member can be disciplined,
he or she is entitled to notice and
a hearing conducted in accordance with Chapter
XII, Section 20 of the ADA Bylaws.
Advisory opinion adopted in 1984; amended 1999
Report adopted in 1999
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