Tenn. Comp. R. & Regs. 1730-01-.20 - ADVERTISING

(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.

Notes

Tenn. Comp. R. & Regs. 1730-01-.20

Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29, 1999. Amendment filed May 23, 2014; effective 8/21/2014.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-116, 63-1-145, 63-12-102, 63-12-103, 63-12-106, 63-12-107, 63-12-112, and 63-12-124.