Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part LXXXV - Veterinarians
Chapter 10 - Rules of Professional Conduct
Section LXXXV-1059 - Particular Acts, Statements, or Situations Constituting "False, Deceptive, or Misleading Claim"
Universal Citation: LA Admin Code LXXXV-1059
Current through Register Vol. 50, No. 9, September 20, 2024
A. "False, deceptive, or misleading statement or claim" includes, without limitation, a statement or claim which:
1. contains a
prediction of future success or guarantees that satisfaction or a cure will
result from the performance of professional services;
2. contains a testimonial about or
endorsement of a veterinarian or a combination of a veterinarian's name or
photograph and his identity as a veterinarian as part of a testimonial,
endorsement, or sales promotion of a veterinary or nonveterinary product or
service except that this prohibition does not apply to endorsements of valid,
nonprofit charitable organizations whose purpose is to promote veterinary
medicine and animal health;
3.
refers to secret methods of treatment or special services which characterize
the ways of a charlatan;
4.
concerns illegal transactions;
5.
is not identified as a paid advertisement or solicitation unless it is apparent
from the context that it is a paid advertisement or solicitation;
6. contains statistical data or other
information based on past performance or case reports;
7. contains a statement of opinion as to the
quality of professional services or a representation regarding the quality of
professional services which is not susceptible of verification to the
public;
8. states or implies that a
veterinarian is a certified or recognized specialist unless he is board
certified in such specialty;
9. is
intended or is likely to create an inflated or unjustified
expectation;
10. contains a
material misrepresentation of fact;
11. omits to state any material fact
necessary to make the statement not misleading in light of the circumstances
under which it is made;
12. would
result in the violation of any law or regulation or a contractual or other
obligation of any person through whom the veterinarian seeks to
communicate;
13. contains a
representation or implication that is likely to cause an ordinary prudent
layman to misunderstand or be deceived or fails to contain reasonable warnings
or disclaimers necessary to make a representation or implication not deceptive;
or
14. relates to professional fees
other than:
a. a statement of the fixed fee
charged for a specific professional service, provided that the description of
such services would not be misunderstood or be deceptive and that the statement
indicates whether additional fees may be incurred for related professional
services which may be required in individual cases; or
b. a statement of the range of fees for
specifically described professional service, provided that there is reasonable
disclosure of all relevant variables and considerations affecting the fees so
that the statement would not be misunderstood or be deceptive, including,
without limitation, an indication whether additional fees may be incurred for
related professional services which may be required in individual
cases.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518.
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