Current through September 24, 2024
(1) Policy Statement. The lack of
sophistication on the part of many of the public concerning electrology
services, the importance of the interests affected by the choice of an
electrologist or electrology instructor and the foreseeable consequences of
unrestricted advertising by electrologists which is recognized to pose special
possibilities for deception require that special care be taken by
electrologists to avoid misleading the public. The electrologist must be
mindful that the benefits of advertising depend upon its reliability and
accuracy. Since advertising by an electrologist is calculated and not
spontaneous, reasonable regulations designed to foster compliance with
appropriate standards serve the public interest without impeding the flow of
useful, meaningful information to the public.
(2) Advertising Fees and Services
(a) Fixed fees may be advertised for any
service. It is presumed unless otherwise stated in the advertisement that a
fixed fee for a service shall include the cost of all professional, recognized
components within generally accepted standards that are required to complete
the service.
(b) Range of Fees. A
range of fees may be advertised for services and the advertisement must
disclose the factors used in determining the actual fee, necessary to prevent
deception of the public.
(c)
Discount fees may be advertised if:
1. The
discount fee is in fact lower than the licensee's customary or usual fee
charged for the service, and
2. The
licensee provides the same quality and components of service and material at
the discounted fee that are normally provided at the regular non-discounted fee
for that service.
(d)
Related Services and Additional Fees. Related services which may be required in
conjunction with the advertised services for which additional fees will be
charged must be identified as such in any advertisement.
(e) Time Period of Advertised Fees
1. Advertised fees shall be honored for those
seeking the advertised services during the entire time period stated in the
advertisement whether or not the services are actually rendered or completed
within that time.
2. If no time
period is stated in the advertisement of fees, the advertised fee shall be
honored for thirty (30) days from the last date of publication or until the
next scheduled publication whichever is later whether or not the services are
actually rendered or completed within that time.
(3) Advertising Content. The
following acts or omissions in the context of advertisement by any licensee
shall constitute unethical and unprofessional conduct, and subject the licensee
to disciplinary action pursuant to T.C.A. §
63-26-123(4):
(a) Claims that the services performed,
personnel employed, materials or office equipment used are professionally
superior to that which is ordinarily performed, employed. or used. or that
convey the message that one licensee is better than another when superiority of
services, personnel, materials or equipment cannot be substantiated.
(b) The misleading use of an unearned
credential in any advertisement.
(c) Promotion of professional services which
the licensee knows or should know are beyond the licensee's ability to
perform.
(d) Techniques of
communication which intimidate or exert undue pressure or undue influence over
a prospective client.
(e) Any
appeals to an individual's anxiety in an excessive or unfair manner.
(f) The use of any personal testimonial
attesting to a quality of competency of a service or treatment offered by a
licensee that is not reasonably verifiable.
(g) Utilization of any statistical data or
other information based on past performances for prediction of future services,
which creates an unjustified expectation about results that the licensee can
achieve.
(h) The communication of
personal identifiable facts, data, or information about a client without first
obtaining client consent.
(i) Any
misrepresentation of material fact.
(j) The knowing suppression, omission or
concealment of any material facts or law without which the advertisement would
be deceptive or misleading.
(k)
Statements concerning the benefits or other attributes of electrology
procedures or products that involve significant risks without including:
1. A realistic assessment of the safety and
efficiency of those procedures or products; and
2. The availability of alternatives;
and
3. Where necessary to avoid
deception, descriptions or assessment of the benefits or other attributes of
those alternatives.
(l)
Any communication which creates an unjustified expectation concerning the
potential results of any electrology treatment.
(m) Failure to comply with the rules
governing advertisement of electrology fees and services. or advertising
records.
(n) The use of bait and
switch advertisements. Where the circumstances indicate bait and switch
advertising, the Board may require the licensee to furnish data or other
evidence pertaining to those sales at the advertised fee as well as other
sales.
(o) Misrepresentation of a
licensee's credentials, training, experience, or ability.
(p) Failure to include the individual
licensee's name, address, and telephone number in any advertisement.
(q) Failure to disclose the fact of giving
compensation or anything of value to a representative of the press, radio,
television, or other communicative medium in anticipation of or in return for
any advertisement (for example, newspaper article) unless the nature, format or
medium of such advertisement make the fact of compensation apparent.
(r) After thirty (30) days, the use of the
name of any licensee formerly practicing at or associated with any advertised
location or on office signs or buildings. (This rule shall not apply in the
case of a retired or deceased former associate who practiced electrology in
association with one or more of the present occupants if the status of the
former associate is disclosed in any advertisement or sign.)
(s) Stating or implying that a certain
licensee provides all services when any such services are performed by another
licensee.
(t) Directly or
indirectly offering, giving, receiving, or agreeing to receive any fee or other
consideration to or from a third party for the referral of a client in
connection with the performance of professional services.
(4) Advertising Records and Responsibility
(a) Each licensee who is a principal partner,
or officer of a firm or entity identified in any advertisement, is jointly and
severally responsible for the form and content of any advertisement. This
provision shall also include any licensed professional employees acting as an
agent of such firm or entity.
(b)
Any and all advertisements are presumed to have been approved by the licensee
named therein.
(c) A recording of
every advertisement communicated by electronic media, and a copy of every
advertisement communicated by print media, and a copy of any other form of
advertisement shall be retained by the licensee for a period of two years from
the last date of broadcast or publication and be made available for review upon
request by the Board or its designee.
(d) At the time any type of advertisement is
placed, the licensee must possess and rely upon information which, when
produced, would substantiate the truthfulness of any assertion, omission, or
representation of material fact set forth in the advertisement or public
communication.
(5)
Advertisements for electrology services to be rendered by a limited license
electrologist must clearly indicate that the electrology services are being
rendered by a limited license electrologist under the direct supervision of a
board certified or board eligible dermatologist.
(6) Use of Titles - Any person who possesses
a valid, current and active license issued by the Board that has not been
suspended or revoked has the right to use the title "electrologist" and to
practice electrology, as defined in T.C.A. §§
63-26-102. Any person licensed by
the Board to whom this rule applies must use the title authorized by this rule
in every "advertisement" [as that term is defined in rule 0540-01-.01(1) ] he
or she publishes or the failure to do so will constitute an omission of a
material fact which makes the advertisement misleading and deceptive and
subjects the electrologist to disciplinary action pursuant to T.C.A. §
63-26-123.
(7) Severability. It is hereby declared that
the sections, clauses, sentences and part of these rules are severable, are not
matters of mutual essential inducement, and any of them shall be rescinded if
these rules would otherwise be unconstitutional or ineffective. If any one or
more sections, clauses, sentences or parts shall for any reason be questioned
in court, and shall be adjudged unconstitutional or invalid, such judgment
shall not affect, impair or invalidate the remaining provisions thereof, but
shall be confined in its operation to the specific provision or provisions so
held unconstitutional or invalid, and the applicability or invalidity of any
section, clause, sentence, or part in any one or more instance shall not be
taken to affect or prejudice in any way its applicability or validity in any
other instance.
Authority: T.C.A. §§
4-5-202,
4-5-203, 4-5-204, 63-1-116,
63-1-145, 63-26-108, 63-26-111, 63-26-119, and 63-26-123.
