N.J. Admin. Code § 13:44-4.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:44-4.8 - Advertising

(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates alternatives.

"Advertisement" means the attempt directly or indirectly by publication, dissemination, endorsement or circulation or in any other way to induce directly or indirectly any person to enter into an express or implied agreement to accept veterinary services or treatments related thereto.

"Electronic media" means radio, television, telephone, facsimile machine and computer.

"Licensee" means a person possessing a plenary license to practice veterinary medicine, surgery and dentistry.

"Printed media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers and other similar written materials or comparable publications, the contents of which is disseminated by means of the printed word.

"Range of fees" means the upper and lower limit on the fees charged for professional service.

"Routine professional service" shall refer to a service which a licensee, professional association or institution which provides veterinary care ordinarily performs.

(b) A licensed veterinarian who is engaged in the practice of veterinary medicine, dentistry or surgery in the State of New Jersey, may provide information to the public by advertising which is not false, fraudulent, misleading or deceptive through the use of the print or electronic media.

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

1. Any claim that services performed or material used are professionally superior to those ordinarily performed or used unless the claim can be substantiated.

2. Any statement that emergency service is provided or any statement or implication that a facility is open and operating to provide emergency services during non-regular business hours unless the veterinary facility advertised meets the requirements of N.J.A.C. 13:44-4.11.

3. Any statement or claim or implication arising therefrom that licensee is a specialist where national specialty board certification in the claimed area exists and the licensee does not possess such certification. Where national specialty board certification in an area of claimed expertise does not exist, the use of the term "specialist" or its substantial equivalent shall not be utilized provided, however, that nothing herein shall prohibit truthful and non-deceptive statements concerning a licensee's experience or training in a particular area of veterinary practice.

4. The use of any misrepresentation.

5. Any statement which guarantees that a veterinary cure will result from the professional service offered, provided however that nothing herein shall prohibit an offer or statement guaranteeing a return of professional fees received or a repeat treatment in the event an owner is dissatisfied with services rendered.

(d) The Board may require a licensee to substantiate the truthfulness of any objective material claim or representation set forth in an advertisement. Failure of a licensee to provide factual substantiation to support that representation or claim shall be deemed professional misconduct subject to disciplinary action pursuant to N.J.S.A. 45:1-21(e).

(e) Advertising of fees shall be limited to a fixed or stated range of fees for a specifically described routine professional veterinary service.

1. A licensee who advertises fees shall disclose all the relevant variables and considerations which are ordinarily included in such a service so that the fee will not be misunderstood. In the absence of such a disclosure, the stated fees shall be presumed to include everything ordinarily required for such a service.

2. Offers of discounts or fee reductions shall indicate the fixed or stated range of fees against which said discount is to be made. Where an "across the board" discount is offered, such as "10% of all fees," the advertisement shall, at the least, include a list of the regular fees of common, representative services along with a statement that a complete list of veterinary services and the regular fees therefor is available for examination at the veterinarian's office.

3. The effective period during which a fee or discount shall remain in effect shall be set forth in the face of the advertisement. In the absence of such a disclosure and solely for the purpose of enforcement, the effective period shall be deemed to be 30 days.

(f) Advertising which contains the name, address or telephone number of a professional service facility shall also contain the name of at least one licensee who is responsible for the provision of the advertised services.

(g) A licensee shall be presumed to have approved and shall be personally responsible for the form and contents of an advertisement which contains the licensee's name, office address, or telephone number.

(h) A licensee who employs or allows another to employ for his benefit an intermediary source or other agent in the course of advertising shall be personally responsible for the form and contents of said advertisement.

(i) All licensees shall list his or her degree after his or her name or use the word "Veterinarian" if the title Doctor is used before his or her name.

(j) Copies of all printed and electronic advertisements shall be retained by the licensee and made available for review by the Board or its designee upon request for a period of three years. All advertisements in the licensee's possession shall indicate the accurate date and place of publication.

(k) An advertisement may contain either lay or expert testimonial, provided that such testimonial is based upon personal knowledge or experience obtained from a licensee-client relationship with the licensee or direct personal knowledge of the subject matter of the testimonial. A lay person's testimonial shall not attest to any technical matter beyond the testimonial giver's competence to comment upon. An expert testimonial shall be rendered only by an individual possessing specialized expertise sufficient to allow the rendering of a bona fide statement or opinion. A licensee shall be able to substantiate any objective, verifiable statement of fact appearing in a testimonial. Failure to abide by the requirements of this section may be deemed professional misconduct pursuant to the provision of N.J.S.A. 45:1-21(e).

N.J. Admin. Code § 13:44-4.8

Amended by R.1978 d.382, effective 10/26/1978.
See: 10 N.J.R. 204(b), 10 N.J.R. 558(a).
Amended by R.1984 d.375, effective 8/20/1984.
See: 16 N.J.R. 688(a), 16 N.J.R. 2287(a).
Section substantially amended.
Amended by R.1986 d.264, effective 7/7/1986.
See: 18 N.J.R. 399(a), 18 N.J.R. 1400(a).
Substantially amended.
Administrative Correction to (i).
See: 21 N.J.R. 3020(a).
Amended by R.1992 d.478, effective 12/7/1992.
See: 24 N.J.R. 3017(a), 24 N.J.R. 4409(b).
Revised (a)3 and 5; revised (d); added new (k).
Amended by R.1999 d.268, effective 8/16/1999.
See: 31 N.J.R. 1280(a), 31 N.J.R. 2360(b).
Rewrote the section.
Amended by R.2011 d.023, effective 1/18/2011.
See: 42 N.J.R. 1133(a), 43 N.J.R. 195(a).
In the introductory paragraph of (c), substituted "that" for "which"; and in (c)3, substituted "national specialty board" for "Board" twice.