and Resources
• U.S. Copyright Office’s Frequently Asked Questions
37. Can I Use the ADA Logo to Market My Practice? How Can I Use the ADA Logo on My Website? What Rules Apply to the ADA Membership Logo?
You may use the ADA logo in certain approved ways, such as displaying the annual window decal the ADA provides to current members and using items available from the ADA Catalog, such as membership plaques and patient educational materials. However, the use of the ADA logo for practice marketing, such as in advertisements, on your website, or on your practice stationery, is not allowed. You certainly can inform the public and the profession, without using the ADA logo, that you are an ADA member. The ADA logo is a registered trademark of the American Dental Association. It is used to indicate source or sponsorship from or by the ADA itself. For this reason, members cannot identify or market themselves or their practice using it. Of course, it is impermissible to state or imply, whether using the ADA logo or not, that ADA membership represents a special level of certification or qualification.
Although use of the ADA logo is not allowed, the ADA has created two logos that members may use. One is the “Visit ADA.org” button, which member dentists may use to link their website to the ADA’s website. The other is the ADA Member logo that identifies you as an ADA member. It must be used only in association with individuals who are members and cannot be used to identify an entire practice, which could give the false impression that a dental practice (as opposed to an individual dentist) can be an ADA member.
“Framing” the ADA website is not allowed. Framing is when a Web page from one website appears inside a “frame” on another website, so that the page appears to be on the second website.
Related References and Resources
• ADA Logos
ADA.org/en/member-center/member-benefits/logos-multimedia-promotional-toolkits/ada-logos
38. Is My Website Exempt From These Traditional Practice Marketing Rules?
No. The rules that apply to traditional marketing vehicles also apply to marketing on the Internet. Your practice website and social media communications are by no means exempt.
39. Can I Send Information About Products Or Services To Patients, Or Provide Patient Lists To a Company That Wants To Send Them Information?
HIPAA imposes restrictions on covered dental practices that wish to send marketing communications to their patients (or allow others to send marketing communications to their patients). In many cases, the dental practice must have a valid, written patient authorization to use or disclose patient information for marketing communications, and the authorization must contain specific information. Under new rules that took effect on September 23, 2013, if a dental practice (or its business associate) receives “financial remuneration” (dollars) for making a marketing communication from a third party whose product or service is being marketed, or by someone else on the third party’s behalf, the dental practice is required to have a patient sign an authorization form if the dental practice will use patient information in order to make the marketing communication (e.g., patient names and addresses, or information about a patient’s dental condition). The authorization form must state that the dental practice received payment for making the communication. The new rule does not apply if the dentist receives nonfinancial or in-kind remuneration for making the communication if the communication is for a permissible purpose under HIPAA. There are several exceptions to the authorization requirement. For example, patient authorization is not required for face-to-face communications or for promotional gifts of nominal value.
The September 23, 2013 HIPAA rules also contain restrictions on providing patient lists to others. Under the new rules, even if a disclosure is permitted by HIPAA, a dental practice cannot exchange patient information for remuneration from or on behalf of the recipient of the information without a signed authorization from the patient that states that the dental practice will be remunerated for the disclosure. The new rule applies whether the remuneration is direct or indirect, and it applies whether or not the remuneration is financial (that is, the new rule also applies if the remuneration is nonfinancial or in-kind). There are limited exceptions to the new rule, such as the sale of a dental practice to another HIPAA covered entity (or to a buyer that will become a covered entity after the sale), and for related due diligence.
Related Resources and References
• Chapter 8: Practice Websites (addresses legal issues involved in online marketing)
• Chapter 15: HIPAA, State Law and PCI DSS: Patient Information
• HIPAA 20 Questions
• HIPAA Privacy and Security
• ADA Center for Professional Success
• OCR Office for Civil Rights (OCR)
• The ADA Practical Guide to HIPAA Compliance: Privacy and Security Manual
adacatalog.org or 1.800.947.4746
40. What Can I Do If a Negative Rating, Review, or Comment About My Practice Is Posted on a Blog or Website?
Internet ratings sites (Yelp, Healthgrades, DoctorOogle, Bestdentists, Angie’s List, RateaDentist, RateMDs, etc.) are almost all inherently unfair. The people posting the ratings are generally anonymous (save for the poster’s screen name) so they take no real ownership for the content. Discovering the poster’s identity is often impossible (and, where it is possible, will often require expenditure of substantial legal fees). Further, even in the unusual situation where you are able to learn the poster’s identity, his or her comments have wide protection as his or her “opinion,” as opposed to a factual allegation. The websites on which they post their comments are nearly untouchable from a legal perspective. Even if you are able to discover the identity of the poster and prove (overcoming obstacles to proof such as HIPAA and state privacy laws) that the comment is defamatory (as opposed to opinion), proving damages in such cases is extremely difficult.
Given that these ratings sites likely will be with us for the foreseeable future, and that consumers afford them credibility, it is important to understand how to best navigate them. One 2013 study found that 79 percent of consumers trust online reviews as much as personal recommendations.4 But first a brief discussion on how we got here, with a real life example:
A
