The legality of offering a "$99 new patient special" or any similar promotional offer by a dental practice can vary depending on the specific laws and regulations in your jurisdiction. In the United States, for example, dental practices are subject to both federal and state regulations, as well as professional guidelines from organizations like the American Dental Association (ADA).
Here are some considerations:
Fee-splitting: In many jurisdictions, it is illegal for healthcare providers to split fees with anyone who is not a licensed healthcare professional. Offering a discount like "$99 new patient special" could be seen as fee-splitting if not structured correctly.
State laws and regulations: Dental practices are typically regulated at the state level, and the specific rules governing advertising and promotional offers may vary from one state to another. Some states have strict rules about advertising, fee disclosures, and promotional offers.
ADA guidelines: The ADA provides guidelines for dental advertising and promotion, and dental professionals are encouraged to adhere to these guidelines to maintain professional ethics and standards.
Consumer protection laws: Dental practices must also comply with consumer protection laws, which may regulate how prices are advertised and disclosed to patients.
To ensure compliance with the law and professional standards, it's advisable to seek legal counsel and review relevant state and professional regulations before advertising any special offers or discounts. This will help ensure that any promotional offers are structured in a way that is legal and ethical within their specific jurisdiction. As a marketing agency, we cannot be held liable for the legality of your offers or ads and will take direction from you on what offers and ads you'd like to promote.
Additionally, you may have signed a contract with dental benefits (insurance) providers which also may require you to honor all special offers to all patients of record. This is another instance where you would need to seek legal counsel to be absolutely certain on the legality of your offers and how you honor them. We have not seen ads or offers generate legal issues for our clients, however we cannot advise you on legal questions as we are not qualified to do so.