(a) A licensee shall use factual information to inform
the public and colleagues of the licensee's services. A licensee shall
not use advertising that is false, misleading, or deceptive or that
is not readily subject to verification.
(b) False, misleading, or deceptive advertising or
advertising that is not readily subject to verification includes,
but is not limited to, advertising that:
(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 health care service or procedure;
(3) compares a health care professional's services
with another health care professional's services unless the comparison
can be factually substantiated;
(4) causes confusion or misunderstanding as to the
credentials, education, or licensure of a health care professional;
(5) advertises or represents that health care insurance
deductibles or copayments may be waived or are not applicable to health
care services to be provided if the deductibles or copayments are
required;
(6) advertises or represents that the benefits of a
health benefit plan will be accepted as full payment when deductibles
or copayments are required;
(7) makes a representation that is designed to take
advantage of the fears or emotions of a particularly susceptible type
of patient; or
(8) advertises or 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.
(c) As used in this section, a "health care professionalâ€
includes a licensed dietitian or any other person licensed, certified,
or registered by the state in a health-related profession.
|
Source Note: The provisions of this §116.104 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185 |