|(a) Any and all advertisements are presumed to have been approved
by the licensee named therein.
(b) Each licensee who is a principal partner, or officer of
a firm or entity identified in any advertisement, is jointly and severally
responsible for the form and content of any advertisement. This provision
shall also include any employees acting as an agent of such firm or entity.
(c) If photographs or other representations of actual patients
are used in advertising, there must not be communication of facts, data, or
information which may identify the patient without first obtaining patient
(d) A recording of every advertisement communicated by electronic
media, and a copy of every advertisement communicated by print media and a
copy of any other form of advertisement shall be retained by the licensee
for a period of two years from the last date of broadcast or publication and
be made available for review upon request by the board or its designee.
(e) 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 communication.
(f) 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 exscinded if these rules would otherwise
be unconstitutional or ineffective. If any one or more sections, clauses,
sentences or parts shall for any reasons be questioned in any 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 instances shall not be taken to affect
or prejudice in any way its applicability or validity in any other instance.