This document discusses legal and ethical ways for dentists in India to market their dental practices. It begins by providing context on the controversy around healthcare professionals advertising in India. It then outlines specific ethical and unethical marketing acts according to regulations. Unethical acts include false promises, demeaning solicitation, and misleading advertisements. Acceptable marketing includes formal announcements of new practices or services without exaggerated claims. The document concludes by noting debate around the necessity of advertising for dental practices to compete and attract patients.

1. Legal Ways Of
Marketing Dental
Practice In India
Dr. Ankit Mohapatra
Department of Public Health Dentistry
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2. INTRODUCTION
• For health professionals in India, advertising has traditionally
been seen as a controversial issue, and the notion of using
advertising to promote a professional practice is relatively
new.
• Advertising by professionals in India has increased
dramatically during the past decade.
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3. • This trend seems likely to continue, despite a government ban
and even though many professionals find themselves ill
equipped to handle the dynamics of this new and changing
environment.
• In some countries, dentists have the right to advertise their
practices within legal limits, but in India the rules against
advertising by dentists are quite definite.
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4. • Marketing giants claim that informative advertising can
empower consumers to make good decisions regarding
products; increase the community’s awareness of the product;
encourage better quality services by suppliers; decrease
unemployment in the industry; and help consumers choose a
manufacturer.
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5. • Dentist have diverse views towards this controversial issue,
with some defending the principle of marketing dental practice
which they feel is unethical.
• While others have the same general marketing principle,
which they feel is deemed essential for better practice and
patient flow.
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6. • Ethically people have a different perception towards marketing
practice, but the question is
“How far it is legal to market dental practice and
what rules should a dentist abide with while
marketing his/her practice?”
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7. Ethics and Laws
• Ethics is a branch of moral philosophy that guides people
about the basic human conduct.
• The law refers to a systematic body of rules that governs the
whole society and the actions of its individual members.
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8. • At present in India, there is no central statutory agency or
uniform legislation regulating the advertising industry.
• The Indian advertising market as a whole is regulated and
controlled by a non-statutory body, the Advertising
Standards Council of India (ASCI).
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9. • In India there are many bodies that have set of rules and
regulation that govern various section of healthcare.
• Indian Medical Council (Professional Conduct, Etiquette
and Ethics) Regulations, 2002
• Revised Dentists (Code of Ethics) Regulations, 2014, etc
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10. UNETHICAL ACTS
OF MARKETING / ADVERTISING
• A Dentist or a group of Dentists may advertise provided that
they maintain decorum, keeping in mind the high moral
obligations and the value that society places on the important
nature of their work and the moral character and integrity.
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11. CIRCUMSTANCES
• False promises through advertisements
• Demeaning solicitation
• Direct marketing
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12. • Cold targeting vulnerable population
• Conducting camps
• Promotional activity in schools, colleges, old age homes
• Distributing hand bills, claim vouchers and other business
promotional activities.
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13. • Misleading advertisement or publication through press reports
that promise inducements, rebates & false benefits.
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14. • Appointing or paying agent or canvassers for bringing in
patients.
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15. • Use of sign boards at places other than actual location of the
clinic.
• The use of sign boards larger than 3 X 2 and the use of such
words as “Teeth” “Painless Extraction”
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16. • Publicizing name in the commercial articles like toothbrush &
tooth paste except for the ones fabricated in the clinic itself.
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17. • Publicizing articles or opinions on any procedures in lay
papers or journals without any evidence.
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18. • TV interview, magazines, periodicals or public awareness
program in magazines or periodicals with name, telephone
numbers or email addresses.
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19. • Advertisement in the electronic media, such as television
programs, that display names, address, phone number of
dentists as on screen “scrollers”
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20. • Printing of self-photograph, or any such material of publicity
in the letter head or on sign board
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21. • A Dental Surgeon shall not claim to be a specialist either
through displayed signs on the name board and / or the office
stationary.
• Only DCI recognized specialties can be displayed.
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22. • Use of vague abbreviations such as-
1. M.I.D.A. for Member, Indian Dental Association;
2. F.I.C.D. for Fellow of International College of Dentists;
3. M.I.C.D. for Master of International College of Dentists;
4. F.A.C.D. for Fellow or American College of Dentists;
5. M.R.S.H. for Member of Royal Society of Hygiene;
6. F.A.G.E. for Fellow of Academy of General Education.
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23. • Naming and Styling- Name of establishment should be
referred as dental clinic unless the practice involves surgical
treatment under local or general anaesthesia and if the patients
need to be maintained as an inpatient for part of a day or for
several days for post-operative care provided the hospital
where it can be mentioned as dental hospital.
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24. ACCEPTABLE
• Soliciting of patients directly or indirectly by a dental surgeon,
by group of dental surgeons or by institutions or organizations
is unethical.
• However a dental surgeon is permitted as an ethically
acceptable practice to make a formal announcement in press
regarding the following:
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25. • On starting practice.
• On change of type of practice.
• On changing address.
• On temporary absence from duty for a prolonged period of
time.
• On resumption of practice after a break a prolonged period.
• On succeeding to another practice.
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26. • About the availability of new equipment or services without
boastful claims of being the “first” or “best” specially if such
services are already available in other facilities.
• Inserts in Telephone directories, yellow pages or on the
internet is permissible.
• Maintaining Websites where all information is factual will not
be construed as unethical practice.
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27. PUNISHMENTS AND
DISCIPLINARY ACTIONS
• Offences and unethical conducts which are given above do
not constitute and don’t call for disciplinary action.
Unless there is a complain against it and proved to be
unlawful.
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28. • Complaints can be brought before the appropriate Dental
Council for Disciplinary action.
• Time limit for action is 6 months
• During trial the dentist cannot practice.
• The name of the practitioner can also be removed from the
registry temporarily or permanently as per council order.
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29. • Trail should be judged by peer group as per guidelines
prescribed.
• Any person not satisfied with the action or decision of the
body can also approach the State within 60 days.
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30. Karnataka Dental Council
• When information is received to the Council of any dentist
resorting to such unethical practice or practices, the Council
may call upon him to explain and after him a reasonable
opportunity for being heard, and after making such enquiries if
any, as it may decide whether his action is tantamount to
infamous conduct in any professional respect and then
determine the action to be taken under Section 41 of the
Dentist Act.
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31. Indian Scenario
• In India, many dentists use enticements, such as comparatively
low fees, free check-ups, and complimentary gifts to attract
patients.
• A study done by Dable R A et.al reported that 56.02% of the
respondent dentist were in favour of advertising.
Dable R A et.al. Is advertising ethical for dentists? An insight into the
Indian scenario.Drug Healthc Patient Saf. 2011; 3: 93–98.
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32. • The same study also reported that an attitude change in the
upcoming generation of dentists, has the majority of younger
dentists approving advertising to promote practice, while their
seniors reject it.
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33. CONCLUSION
• In spite of the ban on advertising by dentists, there are some
who resort to some kind of advertising to promote their
services.
• There are many who consider advertising necessary to build
up and run their practices in a crowd of well established
dentists.
• Many of them are still trying to come to grips with the idea
that advertising may be necessary to compete successfully.
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34. • The internet, social networks and online sources have also
changed the environment immensely; patients and dentists
across the nation now use online testimonials and
recommendations to promote practice.
• This may be a reflection of industry competition, a drop in
ethical standards, or a greater familiarity with the world of
advertising and media among younger age groups.
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35. REFERENCES
• Dable R A et.al. Is advertising ethical for dentists? An insight into the
Indian scenario.Drug Healthc Patient Saf. 2011; 3: 93–98.
• Ministry of Health and Family Planning, Department of Health. Dentists
(Code of Ethics) Regulations. Part II, Section 3, 6(h–o) New Delhi: The
Gazette of India; 1976. pp. 2223–2227.
• Hemant Goyal & Jitender Jain. India: Advertising and Marketing
Advertising Law. Global Jurix, Advocates & Solicitors.2012.
• Surbhi S. Difference Between Law and Ethics. December 24, 2015.
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36. • Revised Dentists (Code of Ethics) Regulations – 2014. Gaz India, New
Delhi. June 27, 2014.1-10
• Karnataka Sate Dental Council. Ethical Rules for Dentist Prescribed by the
Dental Council of India PART-I.
http://www.karnatakastatedentalcouncil.com/userfiles/file/PREFACE1.pdf
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