(1) makes a material misrepresentation of fact or omits
a fact necessary to make the statement as a whole not materially misleading;
(2) makes a representation likely to create an unjustified
expectation about the results of a professional service;
(3) compares a professional's services with another
professional's services unless the comparison can be factually substantiated;
(4) causes confusion or misunderstanding as to the
credentials, education, or licensing of a professional;
(5) makes a representation that is designed to take
advantage of the fears or emotions of a particularly susceptible type
of client; or
(6) represents in the use of a professional name, a
title or professional identification that is expressly or commonly
reserved to or used by another profession or professional, unless
the license holder is licensed or otherwise authorized to use the
title or professional identification.
(e) Records are the responsibility and property of
the entity or individual who owns the practice or the practice setting.
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