Current through Register Vol. 56, No. 18, September 16, 2024
(a) Licensees
shall not use any form of public communication regarding professional services,
via print, electronic media or in-person solicitation which contains a false,
fraudulent, misleading or deceptive statement or claim. A false, fraudulent,
misleading or deceptive statement includes any statement or claim which:
1. Contains a misrepresentation of
fact;
2. Is likely to mislead or
deceive because it fails to make full disclosure of relevant facts;
3. In the case of a testimonial containing an
objective, verifiable statement of fact, cannot be verified by the
advertiser;
4. Is intended or is
likely to create a false or unjustified expectation of favorable results, for
example, advertising percentages of success;
5. Implies educational attainments or
licensing recognition not supported in fact;
6. States or implies that the licensee has
received formal recognition as a specialist in any aspect of the practice of
audiology or speech-language pathology if this is not the case;
7. Represents that the professional services
can or will be competently performed for a stated fee when this is not the
case, or makes a representation with respect to fees for professional services
that does not disclose all variables affecting the fees that will in fact be
charged;
8. Uses techniques of
communication which in light of the setting and circumstances appear to
intimidate or exert undue influence or undue pressure over a prospective
patient;
9. Contains offers of
discounts for services without stating the advertiser's usual and customary fee
on which the discount will be taken, or the availability of a schedule of the
licensee's usual and customary fees, and the period of time during which the
offer can be accepted by a prospective patient. If no time limit is specified,
such offer shall be deemed to apply for 30 days; or
10. Contains other representations or
implications that in reasonable probability will cause an ordinarily prudent
person to be misled or be deceived.
(b) All advertisements shall contain the
name, address and license number of the licensee or the licensee in charge of
the business.
(c) An advertisement
may contain either a lay or an expert testimonial, provided that such
testimonial is based upon personal knowledge or experience obtained from a
provider relationship with the licensee or direct personal knowledge of the
subject matter of the testimonial and:
1. A
lay person's testimonial does not attest to any technical matter beyond the
testimonial giver's competence to comment upon; and
2. An expert testimonial is only rendered by
an individual possessing specialized expertise sufficient to allow the
rendering of a bona fide statement or opinion.
(d) Copies of all printed advertisements and
video or audio tapes of every advertisement communicated by electronic media
shall be retained by the licensee for a period of three years. All
advertisements in a licensee's records shall indicate the date and place of
publication.
(e) A licensee shall
make records of advertisements available for review by the Committee or its
designee upon request.
