Sec. 10.26.03.08. Advertising

A. A licensee may advertise services subject to the provisions of this regulation.

B. A licensee may not use statements in an advertisement that:

(1) Contain a misrepresentation of facts;

(2) Are likely to mislead or deceive because, in context, the statement makes only a partial disclosure of relevant facts;

(3) Intend to or are likely to create a false or unjustified expectation of a favorable result;

(4) Relate to fees, other than a standard consultation fee or a range of fees for specific types of services, without fully disclosing all relevant variables so that the statement would not be misunderstood or be deceptive to a layman;

(5) Convey the impression that the licensee could improperly influence a public body, official, corporation, or a person on behalf of a patient;

(6) Contain a representation that the licensee is willing to perform a procedure which is illegal; or

(7) Contain a representation or implication that, in reasonable probability, can be expected to cause an ordinarily prudent person to misunderstand or be deceived.

C. A licensee is accountable under this regulation if the licensee uses an agent, partnership, professional association, or health maintenance organization to implement an action prohibited by this regulation.