D.C. Mun. Regs. tit. 17, r. 17-2816

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 17-2816 - ADVERTISING

2816.1

A veterinarian may not, on behalf of himself or herself, his or her partner, or his or her associate, or for any other veterinarian affiliated with him or her, use or participate in the use of any form of public communication, which contains a deceptive or misleading statement or claim. When engaged in advertisement, a veterinarian shall strive to provide accurate and truthful information in a fair and balanced manner.

2816.2

For purposes of this section, deceptive or misleading statements or claims are those that:

(a) Contain a material misrepresentation of fact;

(b) Fail to state any fact necessary to make the statement not misleading;

(c) Are intended or are likely to create unjustified expectations;

(d) State or imply superior service;

(e) Contain a representation or implication that is likely to cause an ordinary prudent person to misunderstand or to be deceived, or that fails to contain reasonable warnings or disclaimers necessary to make a representation or implication not deceptive;

(f) Contain statistical data or other information based on past performance coupled with an explicit representation that the data or information indicates a likelihood of future success;

(g) Contain or imply any guarantee of satisfaction, except the guarantee to return a fee if the patient is not satisfied with the treatment rendered;

(h) Falsely state or imply that a veterinarian is a certified or recognized specialist recognized by the American Veterinary Medical Association (AVMA);

(i) Claims to be a specialist or uses any of the terms to designate a veterinary medical specialty unless he or she is entitled to such specialty designation as a diplomate of a recognized specialty certification board; or

(j) State or imply that a veterinarian practices in an area of veterinary medical specialty unless the veterinarian:

(1) Is recognized by the Board as a specialist in the area advertised;

(2) Includes in the advertisement a disclaimer that the veterinarian is not recognized by the Board as a specialist in the area of practice advertised; or

(3) Includes in the advertisement a statement that the veterinarian is a general veterinarian.

2816.3

A statement regarding fees shall be considered deceptive or misleading if the veterinarian:

(a) Renders the service at more than the fees advertised; or

(b) Fails to offer the service at the fee advertised for a reasonable period of time following the advertisement unless a specific time limit is included in the original advertisement.

2816.4

A veterinarian shall have the duty to take all reasonable efforts to prevent and correct false or misleading advertisement generated by his or her employees or any institution or entity which uses his or her services.

2816.5

A veterinarian shall:

(a) Retain a copy of all advertising, in the form in which it was published, for a period of three (3) years from the date of publication or transmission; and

(b) Make the copy available for inspection and copying when requested by the Board.

D.C. Mun. Regs. tit. 17, r. 17-2816

Final Rulemaking published at 35 DCR 2226, 2237 (March 25, 1988); amended by Final Rulemaking published at 68 DCR 7717 (8/6/2021)