(1) The lack of sophistication on the part of
many of the public concerning veterinary services, the importance of the
interests affected by the choice of a veterinarian and the foreseeable
consequences of unrestricted advertising by veterinarians which is recognized
to pose special possibilities for deception, require that special care be taken
by veterinarians to avoid misleading the public. The veterinarian must be
mindful that the benefits of advertising depend upon its reliability and
accuracy. Since advertising by veterinarians is calculated and not spontaneous,
reasonable regulation designed to foster compliance with appropriate standards
serves the public interest without impeding the flow of useful, meaningful, and
relevant information to the public.
(2) Advertising Veterinary 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 professionally 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 are grounds for
disciplinary action pursuant to T.C.A. § 63-12- 124(a)(10).
(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 or
non-health degree in any advertisement.
(c) Promotion of professional services which
the licensee knows or should know is beyond the licensee's ability to
perform.
(d) Techniques of
communication which intimidate, 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 the quality of competency of a service or treatment offered by a
licensee that is not reasonably verifiable.
(g) Use of any statistical data or other
information based on past performances for prediction of future services, which
creates an unjustified expectation about results the licensee can
achieve.
(h) The communication of
personal identifiable facts, data, or information about a client or patient
without first obtaining client consent.
(i) Any misrepresentation of a material
fact.
(j) The knowing suppression,
omission or concealment of any material fact or law without which the
advertisement would be deceptive or misleading.
(k) Statements concerning the benefits or
other attributes of veterinary procedures or products that involve significant
risks without including:
1. A realistic
assessment of the safety and efficiency of those procedures or
products;
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 veterinary
treatment.
(m) Failure to comply
with the rules governing advertisement of veterinary fees and services, or
advertising records.
(n) The use of
"bait and switch" advertisements. When the circumstances indicate a "bait and
switch" advertisement, the Board may require the licensee to furnish data or
other evidence that pertain to those sales at the advertised fee as well as
other sales.
(o) Misrepresentation
of a licensee's credentials, training, experience or ability, including the use
of the words "diplomate" or "specialist" if not recognized as such by the
American Veterinary Medical Association (AVMA) or National Association of
Veterinary Technicians in America (NAVTA).
(p) Failure to include the corporation,
partnership or individual licensee's name, address and telephone number in any
advertisement. Any veterinary corporation, partnership or association which
advertises by use of a trade name or otherwise fails to list all licensees
practicing at a particular location shall:
1.
Upon request provide a list of all licensees at that location; and
2. Maintain and conspicuously display at the
licensee's office, a directory listing all licensees practicing at that
location.
(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 of the licensee's departure, the use of the individual
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 veterinary medicine 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 an animal in
connection with the performance of professional services.
(4) Advertising Records and Responsibility
(a) Each licensee who is a partner, officer,
or agent of a firm or entity identified in any advertisement may be held
jointly and severally responsible for the form and content of any
advertisement. The supervising veterinarian named on a premises permit
application may also be held responsible for the advertisements of the
veterinary premises.
(b) Any and
all advertisements are presumed to have been approved by the licensee(s) named
in the advertisement.
(c) The
following advertising records shall be maintained by a licensee for a period of
two (2) years from the date of publication and shall be made available for
review upon request by the Board or its designee:
1. A recording of every advertisement
communicated by electronic media;
2. A copy of every advertisement communicated
by print media; and
3. A copy of
any other form of advertisement.
(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
information.
(5)
Severability. It is hereby declared that the sections, clauses, sentences and
parts 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 inapplicability 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.
