N.J. Admin. Code § 13:44C-8.5

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

Section 13:44C-8.5 - Advertising

(a) Licensees shall not use any form of public communication regarding professional services, via print, electronic media or in-person solicitation which contains a false, fraudulent, misleading or deceptive statement or claim. A false, fraudulent, misleading or deceptive statement includes any statement or claim which:

1. Contains a misrepresentation of fact;

2. Is likely to mislead or deceive because it fails to make full disclosure of relevant facts;

3. In the case of a testimonial containing an objective, verifiable statement of fact, cannot be verified by the advertiser;

4. Is intended or is likely to create a false or unjustified expectation of favorable results, for example, advertising percentages of success;

5. Implies educational attainments or licensing recognition not supported in fact;

6. States or implies that the licensee has received formal recognition as a specialist in any aspect of the practice of audiology or speech-language pathology if this is not the case;

7. Represents that the professional services can or will be competently performed for a stated fee when this is not the case, or makes a representation with respect to fees for professional services that does not disclose all variables affecting the fees that will in fact be charged;

8. Uses techniques of communication which in light of the setting and circumstances appear to intimidate or exert undue influence or undue pressure over a prospective patient;

9. Contains offers of discounts for services without stating the advertiser's usual and customary fee on which the discount will be taken, or the availability of a schedule of the licensee's usual and customary fees, and the period of time during which the offer can be accepted by a prospective patient. If no time limit is specified, such offer shall be deemed to apply for 30 days; or

10. Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to be misled or be deceived.

(b) All advertisements shall contain the name, address and license number of the licensee or the licensee in charge of the business.

(c) An advertisement may contain either a lay or an expert testimonial, provided that such testimonial is based upon personal knowledge or experience obtained from a provider relationship with the licensee or direct personal knowledge of the subject matter of the testimonial and:

1. A lay person's testimonial does not attest to any technical matter beyond the testimonial giver's competence to comment upon; and

2. An expert testimonial is only rendered by an individual possessing specialized expertise sufficient to allow the rendering of a bona fide statement or opinion.

(d) Copies of all printed advertisements and video or audio tapes of every advertisement communicated by electronic media shall be retained by the licensee for a period of three years. All advertisements in a licensee's records shall indicate the date and place of publication.

(e) A licensee shall make records of advertisements available for review by the Committee or its designee upon request.

N.J. Admin. Code § 13:44C-8.5

New Rule, R.2004 d.23, effective 1/20/2004.
See: 35 New Jersey Register 3273(a), 36 New Jersey Register 527(a).