Part VII: General

Liability Insurance
68.1   All registrants, other than non-practising registrants, must be insured against liability arising from an error, omission or negligent act in the provision of services included in the practice of dental hygiene in an amount of at least $1 million per occurrence in a form that is satisfactory to the college.
69. (1) In this section:
    "advertisement" means the use of space or time in a public medium, or the use of a commercial publication such as a brochure or handbill, to communicate with the general public, or a segment thereof, for the purpose of promoting professional services or enhancing the image of the advertiser;
    "marketing" includes
      (a) an advertisement,
      (b) any publication or communication in any medium with any client, prospective client or the public generally in the nature of an advertisement, promotional activity or material, a listing in a directory, a public appearance or any other means by which professional services are promoted, and
      (c) contact with a prospective client initiated by or under the discretion of a registrant.
  (2) Any marketing undertaken or authorized by a registrant in respect of his or her professional services must not be
      (a) false,
      (b) inaccurate,
      (c) reasonably expected to mislead the public,
      (d) unverifiable, or
      (e) contrary to the public interest in the practice of the profession.
  (3) Marketing violates subsection (2) if it
      (a) is calculated or likely to take advantage of the weakened state, either physical, mental or emotional, of the recipient or intended recipient,
      (b) is likely to create in the mind of the recipient or intended recipient an unjustified expectation about the results which the registrant can achieve,
      (c) implies that the registrant can obtain results
          (i) not achievable by other registrants,
          (ii) by improperly influencing a public body or official, or any corporation, agency or person having any interest in the welfare of the recipient,
          (iii) by any other improper means, or
      (d) compares the quality of services provided with those provided by
          (i) another registrant,
          (ii) a person authorized to provide health care services under another enactment, or
          (iii) another health profession.
  (4) A registrant must not
      (a) state publicly that he or she speaks on behalf of the college unless he or she has been expressly authorized by the board to state the official position of the college, or
      (b) endorse or lend himself or herself as a dental hygienist to the advertisement of any property, investment or service for sale to the public unless such property, investment or service relates directly to the profession.
  (5) A registrant who, in any advertisement, includes a statement of fees for a specific service
      (a) must ensure that the statement sufficiently describes the fees and services so as to enable the recipient or intended recipient to understand the nature and extent of the services to be provided and the cost to the client, and
      (b) must not in the advertisement compare the fees charged by the registrant with those charged by another registrant.
  (6) Unless otherwise authorized by the Act, the regulations, these bylaws, or the board, a registrant
      (a) must not use the title "specialist" or any similar designation suggesting a recognized special status or accreditation on any letterhead or business card or in any other marketing, and
      (b) must take all reasonable steps to discourage the use, in relation to the registrant by another person, of the title "specialist" or any similar designation suggesting a recognized special status or accreditation in any marketing.
  (7) A registrant must retain for one year after the date of publication or broadcast of any advertisement or brochure, and must provide to the board upon request
      (a) a copy of any such publication,
      (b) a recording of any such broadcast made by use of any electronic media, including radio, television and microwave transmission, and
      (c) a written record of when and where the publication or broadcast was made.
  (8) It is the duty of the registrant, when called upon by the discipline committee, inquiry committee, or the board to do so, to verify the statements made in his or her marketing.
  (9) Registrants who limit their practices to certain branches or areas of the profession may state in any marketing the branch or area to which the practice is restricted.