Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following words and terms, when used in
this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Advertisement" means any attempt directly or indirectly by publication,
dissemination, or circulation in print or electronic media which directly or indirectly induces or attempts
to induce any person or entity to consider, purchase or enter into an agreement to purchase optometric
services, treatment, or ophthalmic materials from an optometrist.
"Electronic media" means and includes radio, television, computer and
Internet.
"Optometrist" means any individual holding a license issued by the New
Jersey State Board of Optometrists.
"Print media" means newspapers, magazines, periodicals, professional
journals, professional letterhead, professional cards, telephone directories, circulars, handbills, flyers,
billboards, signs, on premise signs and other similar items, documents or comparable publications, the
content of which is disseminated by means of the printed word.
(b) An optometrist may, consistent with the provisions set forth in this
section, advertise to the consuming public, through print or electronic media, the availability of optometric
services and ophthalmic materials. In any advertising permitted by this subchapter, an optometrist shall not
use, employ, permit or condone any practice, statement or format which is false, fraudulent, misleading or
deceptive.
(c) An optometrist may advertise fees for services to
be rendered and prices for ophthalmic materials offered for sale provided that:
1. The advertised service or ophthalmic materials are provided for not more
than the advertised amount;
2. All advertised fees or prices are
clearly and conspicuously displayed;
3. A statement of a fee for
professional services shall be set forth in a single dollar amount and shall not be stated in the form of a
range of fees. A statement of price relating to ophthalmic materials may be set forth in a range provided
such range is stated in terms of a minimum and maximum dollar amount;
4. Where a separate or additional fee for the service of dispensing
ophthalmic materials is to be charged, the advertisement shall disclose the dollar amount of such
fee;
5. Where prices are set forth for ophthalmic materials and
services for eyeglasses (lenses and frames), the advertisement shall indicate the type of frames and
corrective lenses being offered such as clear or tinted, single vision or multifocal, and plastic, glass or
other material. The lenses and frames may be priced separately or as a combined package. If the eye
examination is included in the combined package, the advertisement shall also indicate the cost of the eye
examination if the combined package is not purchased;
6. When
prices are set forth for ophthalmic materials and services for contact lenses, the advertisement shall
include, the fee for the minimum eye examination as defined in
13:38-2.1, the fee for the contact lens fitting or evaluation,
the fee for the type and brand of lens being offered, and the fee for fitting instruction and follow-up care.
These items may be priced separately or as a combined package. If a combined package is advertised, the
advertisement shall also indicate the fee for individual services if the combined package is not purchased.
If the cost of a contact lens care kit is not indicated as a separate item or as a part of a combined
package, the following statement shall be set forth: "The proper maintenance of certain contact lenses
requires disinfection, storage and cleansing in special containers and solutions, the cost of which is not
included in this offer." In all advertisements which include a price for a contact lens care kit, the type of
kit shall be set forth. When the price of a contact lens is advertised, a statement shall be made to note
that such lens may not be appropriate for all patients; and
7. An
optometrist may offer a free or reduced fee eye examination. The advertisement shall include the usual and
customary fee. An advertised offer of a free or reduced fee eye examination shall not be contingent upon a
resultant purchase of ophthalmic materials or services.
(d) In the event that an advertisement contains a statement with regard to
an advertiser's refund policy, such policy shall clearly and conspicuously set forth all conditions including
relevant time periods and dollar amounts to be refunded.
(e) An
advertisement shall not state that the optometrist possesses professional superiority with regard to services
or materials offered or with regard to apparatus, equipment or technology utilized by the optometrist unless
such claims can be substantiated.
(f) When an advertisement
contains information on professional credentials, it shall only contain academic degrees obtained from
colleges and universities accredited by the United States Department of Education and the Council on
Post-Secondary Accreditation.
1. Titles of post-graduate professional
fellowships may be used by licensees in advertisements provided such titles are reviewed and approved by the
Board.
2. The Board shall only review and approve the use of
titles from post-graduate professional fellowships that have an educational, peer review and testing
component. The listing of approved titles shall be maintained by the Board and available to licensees upon
request.
3. The use of approved titles of post-graduate
professional fellowships shall not be deemed to be a claim of professional superiority.
4. It shall be deemed to be deceptive advertising for an optometrist to
utilize the terms "specialist," "specialty" or the substantial equivalent in any advertisement as defined by
(a) above; provided, however, that nothing in this section shall prohibit an optometrist from utilizing such
terminology as "practice limited to," where the advertising optometrist's practice is exclusively or
primarily devoted to one or more of the recognized areas of optometric services, for example, practice
limited to low vision services.
5. Nothing in this section shall
preclude any truthful and nondeceptive statement in regard to experience in a particular area of optometry
(for example, 10 years experience in contact lens fitting and dispensing).
(g) For a period of not more than two years from the date of succession to
the practice of another optometrist, an optometrist may use a telephone listing of such prior optometrist
together with the words "succeeded by" or "successor to" or the substantial equivalent, and for the same time
period may also use the prior optometrist's name in any advertisement.
(h) An optometrist may only be listed in the classified section of any
directory under the classification entitled "Optometrist," "Doctor of Optometry," or "Optometric Physician."
Such listing shall show the address or addresses for which an active license or certification has been issued
to practice optometry in this State.
(i) Any optometrist whose
license is either suspended or revoked shall not be permitted to advertise during the period of active
suspension or revocation except to announce the closing of the optometrist's office and/or where the patient
records may be available.
(j) It shall be an unlawful advertising
practice for an optometrist to:
1. Guarantee that services rendered will
result in cures of any optometric or visual abnormality;
2. Fail
to retain a copy or duplicate of any advertisement for a period of three years following the date of
publication or dissemination. Such copies or tapes shall be made available upon request by the Board or its
designee; or
3. Fail to substantiate any objective material claim
or representation set forth in an advertisement.
(k)
An optometrist may use testimonial advertising provided that:
1. All
testimonials involving a specific or identifiable procedure truthfully reflect the actual experience of the
patient;
2. The optometrist shall be able to substantiate any
objective, verifiable statement of fact appearing in a testimonial. The failure to do so, if required by the
Board, may be deemed professional misconduct;
3. Where an
optometrist directly or indirectly provides compensation to a testimonial giver, the fact of such
compensation shall be conspicuously disclosed in a clear, legible and readable manner in any advertisement as
follows: "COMPENSATION HAS BEEN PROVIDED FOR THIS TESTIMONIAL"; and
4. The optometrist shall maintain documentation relating to such
testimonials for a period of three years from the date of the last use of the testimonial. Such documentation
shall include the name, address and telephone number of the individual in the advertisement, the type and
amount or value of compensation, and a signed release indicating that person's willingness to have his or her
testimonial used in the advertisement.
(l) An
optometrist shall include his or her license and certification number in all advertisements, except in
directory listings that do not include any optometric services (that is, listings that include the licensee's
name, address, and phone number).
