Current through Register Vol. 48, No. 38, September 20, 2024
a) Licensees may
advertise in any medium or other form of public communication in a manner that
is truthful and is not fraudulent, deceptive, inherently misleading or proven
to be misleading in practice. Advertising shall contain all information
necessary to make the communication not misleading and shall not contain any
false or misleading statement or otherwise operate to deceive. The form of
communication shall be designed to communicate the information to the public in
a direct, dignified and readily comprehensible manner.
b) Information that may be contained in the
advertising shall include:
1) Licensee's
name, address, office hours and telephone number;
2) Schools attended;
3) Announcement of the opening of, change of
or return to practice;
4)
Announcement of additions to or deletions from professional staff;
5) Licensee's hospital
affiliations;
6) Areas of
specialization, including Board certification, professional society memberships
and any limitations or concentration of practice;
7) Credit arrangements and acceptance of
credit cards;
8) Foreign language
ability;
9) Usual and customary
fees for routine professional services that must include statement that fees
may be adjusted due to complications or unforeseen circumstances;
10) Description of offices in which the
licensee practices (e.g., kennel or laboratory facilities on the premises,
convenience of parking); and
11)
Other information about the licensee, the licensee's practice, or the types of
practice in which the licensee will accept employment, that a reasonable person
might regard as relevant in determining whether to seek the licensee's
services.
c) If an
advertisement is communicated to the public over television or radio, it shall
be prerecorded and approved for broadcast by the licensee, and a recording of
the actual transmission, including videotape, shall be retained by the licensee
for a period of at least 5 years.
d) Information that may be untruthful,
fraudulent, deceptive, inherently misleading or has proven to be misleading in
practice includes that which:
1) Contains a
misrepresentation of fact or omits a material fact required to prevent
deception;
2) Guarantees favorable
results or creates false or unjustified expectations of favorable
results;
3) Takes advantage of the
potential client's fears, anxieties, vanities or other emotions;
4) Contains testimonials and/or exaggerations
pertaining to the quality of veterinarian care;
5) Describes as available products or
services that are not permitted by the laws of this State and/or applicable
federal laws; and
6) Advertises
professional services that the licensee is not licensed to render.
