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NEW JERSEY REGISTER
VOLUME 39, ISSUE 10B ISSUE DATE: MAY 21, 2007
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF DENTISTRY

Proposed Amendment: N.J.A.C. 13:30-6.2

Click here to view Interested Persons Statement

Professional Advertising

Authorized By: New Jersey State Board of Dentistry, Kevin B. Earle, Executive Director.
Authority: N.J.S.A. 45:6-1 and 45:1-15.1.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2007-162.

Submit comments by July 20, 2007 to:
Kevin B. Earle, Executive Director
New Jersey State Board of Dentistry
124 Halsey Street
P.O. Box 45005
Newark, New Jersey 07101

The agency proposal follows:

Summary

The New Jersey State Board of Dentistry is proposing amendments to its advertising rule set forth at N.J.A.C. 13:30-6.2. N.J.A.C. 13:30-6.2(e) currently provides that if a licensee holds a specialty permit issued by the Board pursuant to N.J.A.C. 13:30-6.1, all advertisement by the licensee must contain the licensee's specialty permit number and the specialty for which the permit is issued. In addition, subsection (g) provides that if a dentist advertises under a banner heading in a directory for any of the specialty areas of practice recognized by the Board under N.J.A.C. 13:30-6.1, the advertisement must contain the licensee's name and either the phrase "General Dentist" or, if applicable, the licensee's specialty permit number and the specialty in which the permit is granted.

The Board is proposing to amend N.J.A.C. 13:30-6.2(e) and (g) to eliminate the requirement that a licensee who holds a specialty permit issued by the Board include the specialty permit number in advertisements for dental services. The Board does not believe that the inclusion of this number provides consumers with any added protections when seeking the services of a dental specialist, and may, in fact, work to obscure more relevant information in advertisements that often require the use of small type because of size constraints. Rather, the Board believes that consumers are better served in their dealings with its licensees by requiring all advertisements by the holder of a specialty permit to specifically disclose the specialty for which he or she has been issued a permit by the Board. Therefore, based on the foregoing, the Board is proposing to amend N.J.A.C. 13:30-6.2 to delete the references to the "N.J. Specialty Permit No ____ contained in subsections (e) and (g), and to clarify that advertisements by its licensees must clearly denote either that the licensee is a general dentist or the specialty area of practice in which the licensee has been issued a permit by the Board. The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that the proposed amendments to N.J.A.C. 13:30-6.2 may have a positive impact upon consumers by ensuring that advertisements for dental services include the clear disclosure of the most relevant information concerning a licensee's area of practice. The Board believes that requiring all advertisements to disclose that a licensee is a general dentist or that the licensee is a Board-recognized specialist, denoted by a clear reference to the specialty for which the licensee holds the Board-issued permit, will enable consumers to make informed choices about dental services.

Economic Impact

The proposed amendments to N.J.A.C. 13:30-6.2 may have an economic impact upon licensed dentists who hold specialty permits issued by the Board to the extent that such dentists will no longer be required to include their specialty permit numbers in advertisements, possibly resulting in cost savings to these licensees. Such licensees, however, will still be required to include the specialty for which they have been issued a permit by the Board in all advertisements.

Federal Standards Statement

A Federal Standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:6-1 et seq., and are not subject to any Federal requirements or standards.

Jobs Impact

The Board does not believe that the proposed amendments will result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The proposed amendments will have no impact on the agriculture industry in the State.

Regulatory Flexibility Statement

Currently, the Board licenses approximately 9,700 dentists, with approximately 1,700 dentists holding specialty permits issued by the Board. If Board licensees and permit holders are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following applies. The proposed amendments will not impose any reporting, recordkeeping or compliance requirements upon licensed dentists in the State of New Jersey. The proposed amendments eliminate requirements for licensee advertisements to include the licensee's N.J. Specialty Permit Number, if any.

Smart Growth Impact

The Board does not believe that the proposed amendments will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

13:30-6.2 Professional advertising

(a)-(d) (No change.)

(e) All advertisements shall contain the licensee's name and the phrase "General Dentist," or, if the licensee holds a specialty permit pursuant to N.J.A.C. 13:30-6.1, the [phrase "N.J. Specialty Permit No ____" and the] specialty for which the [permit is granted] licensee has been granted a permit by the Board.

(f) (No change.)

(g) If a dentist advertises under a banner heading for any of the special areas of dentistry in N.J.A.C. 13:30-6.1(c) in any directory (for example, telephone book yellow pages), such advertisement shall contain the licensee's name, and either the phrase "General Dentist" or ["N.J. Specialty Permit No ____" and] the specialty [in] for which the licensee has been granted a permit [is granted] by the Board.

(h)-(q) (No change.)



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