N.J. Admin. Code § 13:42B-6.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:42B-6.1 - Advertising and solicitation practices

(a) As used in this section, the following terms have the following meanings:

"Advertisement" means any communication or statement that is directly controlled or administered by a licensee or a licensee's office personnel, whether printed, electronic, or oral, that names the licensee in relation to the licensee's practice, profession, or institution in which the licensee is employed, volunteers, or otherwise provides services. This includes business cards, letterhead, patient brochures, email, Internet, audio and video, and any other communication or statement used in the course of business or where the licensee is utilizing a professional degree or license to influence opinion or imply expertise in a health care topic. "Advertisement" does not include office building placards or exterior building signage.

"Electronic media" shall include radio, television, telephone, facsimile machine, or computer.

"Fee schedule" refers to the fees charged for services or goods offered by a licensee.

"Graphic representation" means the use of drawings, animations, clinical photographs, or dramatizations.

"Print media" shall refer to newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, fliers, or other publications, the content of which is disseminated by means of the printed or digital word.

"Routine professional service" refers to a service that a licensed applied behavior analyst, a licensed assistant applied behavior analyst, or a professional association routinely performs.

(b) Subject to the limitations at (c) and (e) below, a licensee may provide information to the public by advertising in print or electronic media.

(c) A licensee who engages in the use of advertising that contains any of the following shall be deemed to have engaged in professional misconduct:

1. Any statement, claim, or format including a graphic representation that is false, fraudulent, intentionally misleading, or deceptive;

2. Any misrepresentation of fact, including any affirmative communication or representation that misstates, falsely describes, holds out, or falsely details the licensee's skills, training, expertise, education, public or private board certification, or licensure;

3. The suppression, omission, or concealment of any material fact under circumstances that the licensee knows or should have known is improper or prevents a client from making a full and informed judgment on the basis of the information set forth in the advertisement;

4. Any promotion of professional service that the licensee knows, or should know, is beyond the licensee's ability to perform;

5. A technique or communication that appears to intimidate, exert undue pressure, or to unduly influence a client;

6. Any personal testimonial by a client attesting to the quality or competence of service or treatment by a licensee involving technical assessments that are beyond the client's competency to assess, or any testimonial not in compliance with N.J.A.C. 13:42B-6.3;

7. The communication of any fact, data, or information that may personally identify a client without the client's signed written permission obtained in advance;

8. An offer to pay, give, or accept a fee or other consideration to or from a third party for the referral of a client;

9. Any print, language, or format that directly or indirectly obscures a material fact; or

10. Any guarantee of results from any applied behavior analysis encounter.

(d) The Board may require a licensee to substantiate the truthfulness of any assertion or representation set forth in an advertisement.

(e) Any violations of (e)1, 2, or 3 below shall be deemed professional misconduct:

1. A licensee engaging, either directly or through the use of any agent, employee, or representative, in solicitation of a client. This paragraph shall not prohibit a licensee from offering services through materials provided to a community service organization that makes known the availability of all professional services listed; nor shall it prohibit the offering of services by a licensee to any bona fide representative of a client including, employers, labor union representatives, or insurance carriers.

2. Advertising making reference to or setting forth fees beyond a stated fee for specifically described routine professional services or goods offered by licensees.

i. A licensee who advertises a fee shall disclose all relevant and material variables and considerations that are ordinarily included in such a service so that the fee will be clearly understood by clients.

ii. In the absence of such disclosure referred to at (e)1 above, the stated fees shall be presumed to include all fees ordinarily required for such a service. No additional charges shall be made for an advertised service unless the advertisement specifically delineates the additional services contemplated and the fee to be charged.

3. Failure of a licensee to specify and honor the time period during which an advertised fee will remain in effect on the face of the advertisement; or in the absence of such disclosure, failure to honor the advertised price for at least 30 days from the date of the advertisement's final publication.

N.J. Admin. Code § 13:42B-6.1

Adopted by 56 N.J.R. 782(a) effective 5/6/2024