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ОглавлениеLegal and Ethical Aspects of Marketing
Advertising
Before you start thinking about a marketing campaign, it’s a good idea to check your state’s dental practice act to see what’s permissible under local laws and regulations. Regulations vary, so it’s important that you know your state’s restrictions and requirements. You should also know whether there are any stipulations or rules about contests and “thank you” gifts for patient referrals. Federal laws are also important in this area, especially when it involves remuneration that might induce the beneficiary of a program (such as Medicare or Medicaid) to select a particular provider or product. Penalties for these types of violations can be severe!
Before you start thinking about a marketing campaign, it’s a good idea to check your state’s dental practice act to see what’s permissible under local laws and regulations.
It’s also a good idea to review the ADA Principles of Ethics and Code of Professional Conduct for guidance; pay special attention to sections 5.F., 5.H. and 5.I which review advertising, announcing specialization and limitation of practice, and general practitioner announcement of services.
Another important resource is the ADA’s Advertising Basics for Dentists and Dental Associations: A Guide to Federal and State Rules and Standards. This publication offers many tools to help dentists understand issues related to advertising and includes an overview of federal advertising rules, additional resource links, information on state advertising regulations and information on codes of ethics in dentistry.
Finally, take a look at the Federal Trade Commission’s (FTC) website; links to several pages appear as Resources for this article. While most dentists have heard of the FTC, they may not know what it does and how its duties and directives impact them.
The FTC is the federal agency that sets truth-in-advertising regulations and determines what constitutes deceptive or unfair advertising. It’s a good idea to be at least generally familiar with these topics to ensure that the messages in your marketing campaigns comply with all of the regulations that may apply. FTC resources also outline the types of messages that advertisers, including service providers such as dentists, can use in online advertising. The bottom line is that ads must be truthful, non-deceptive and fair, and advertisers must have enough evidence to support any claims made in their ads.
Advertising is considered deceptive if it is likely to mislead consumers (patients) in a way that could influence a consumer’s decision.
Some things to keep in mind include:
Advertising is considered deceptive if it is likely to mislead consumers (patients) in a way that could influence a consumer’s decision.
Deception can result from what an ad does — or doesn’t — say. For instance, an ad promising an outcome that cannot be delivered to every patient can be deceptive. An ad can be considered deceptive if it neglects to include important information or even if it contains true statements that, when considered together and in context, imply something that isn’t true.
Endorsements and testimonials must represent the endorser’s actual opinion and experience with your services. This type of advertising is most common online through online reviews or blogs. Endorsers must clearly disclose any material connection with the dental practice.
Consult your state’s regulations and applicable administrative rules before making any decisions about internet marketing. Also check the state’s dental practice act to find out if anything is specifically prohibited. Many states prohibit false, deceptive, or unsubstantiated representations in advertising, regardless of the format or medium.
Patient Privacy/Social Media
Patient privacy should never be compromised, yet stories about possible violations, especially via social media outlets, continue to be featured in the news. One recent story detailed a physician losing hospital privileges because of an online post that included information that could be used to identify a specific patient.
Keep in mind that:
Photos and/or messages posted to the practice’s website or social media page, or the personal pages of team members, may violate privacy laws if the post identifies a patient or offers enough of an image or sufficient detail to identify a patient or staff member who has not authorized the disclosure. Releases should always be obtained in writing.
You can protect patients’ privacy by developing staff policies and procedures regarding the use of social media. Conduct a formal training session to make sure everyone on the team is aware of the practice’s policy and knows what types of posts to avoid. The ADA Practical Guide to Creating an Employee Policy Manual contains sample policies as well as information to help you develop your own.
Online Reviews/Social Media
According to the marketing intelligence agency Mintel, 70% of those consumers who seek advice before purchasing a product or service visit online review sites for information as part of the decision-making process. Many times, service providers or business owners who receive negative ratings say that online ratings sites are unfair and that allowing reviewers to post anonymously encourages them to post without regard for the facts. While that may or may not be true, the reality is that online reviews are a fact of life in today’s online world.
Many times, service providers or business owners who receive negative ratings say that online ratings sites are unfair and that allowing reviewers to post anonymously encourages them to post without regard for the facts. While that may or may not be true, the reality is that online reviews are a fact of life in today’s online world.
If your practice is the subject of a negative online review, you may be able to protect its online reputation, or minimize the fallout, by following the steps below.
Decide how to handle any negative review on a case-by-case basis. Some dentists opt to simply ignore them.
If you decide to respond, do not engage or get drawn into an online debate over the incident that prompted the negative review. Doing so can make you appear defensive, confrontational, or accusative and may inadvertently reveal protected healthcare information.
Make sure that any response presents you as the caring, concerned and compassionate dentist you are. Consider a statement along the lines of:
- “I’m sorry to hear that you had a less than exceptional experience at our office. I would like to learn more about what happened and how we can improve the situation. Please contact us as soon as possible so we can make things better.”
Also make certain that any response offers no hint as to the identity of the person posting; always protect the patient’s privacy.
Resources:
• The FTC’s Advertising FAQ’s: A Guide for Small Business ftc.gov/tips-advice/business-center/guidance/advertising-faqs-guide-small-business
• The FTC’s Advertising and Marketing on the Internet: Rules of the Road ftc.gov/tips-advice/business-center/guidance/advertising-marketing-internet-rules-road
• The FTC’s U.S. Safe Web Act ftc.gov/enforcement/statutes/us-safe-web-act
• The FTC’s Policy Statement on Deception ftc.gov/system/files/documents/public_statements/410531/831014deceptionstmt.pdf
• The FTC’s Endorsement Guides: What People Are Asking ftc.gov/system/files/documents/plain-language/pdf-0205-endorsement-guides-faqs_0.pdf
• The ADA Practical Guide to Creating an Employee Policy Manual, adacatalog.org
