Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXV - Veterinarians › Chapter 10 - Rules of Professional Conduct › Section LXXXV-1059 - Particular Acts, Statements, or Situations Constituting "False, Deceptive, or Misleading Claim"

Current through Register Vol. 50, No. 6, June 20, 2024
A. "False,
				deceptive, or misleading statement or claim" includes, without limitation, a
				statement or claim which:
1. contains a
				prediction of future success or guarantees that satisfaction or a cure will
				result from the performance of professional services;
2. contains a testimonial about or
				endorsement of a veterinarian or a combination of a veterinarian's name or
				photograph and his identity as a veterinarian as part of a testimonial,
				endorsement, or sales promotion of a veterinary or nonveterinary product or
				service except that this prohibition does not apply to endorsements of valid,
				nonprofit charitable organizations whose purpose is to promote veterinary
				medicine and animal health;
3.
				refers to secret methods of treatment or special services which characterize
				the ways of a charlatan;
4.
				concerns illegal transactions;
5.
				is not identified as a paid advertisement or solicitation unless it is apparent
				from the context that it is a paid advertisement or solicitation;
6. contains statistical data or other
				information based on past performance or case reports;
7. contains a statement of opinion as to the
				quality of professional services or a representation regarding the quality of
				professional services which is not susceptible of verification to the
				public;
8. states or implies that a
				veterinarian is a certified or recognized specialist unless he is board
				certified in such specialty;
9. is
				intended or is likely to create an inflated or unjustified
				expectation;
10. contains a
				material misrepresentation of fact;
11. omits to state any material fact
				necessary to make the statement not misleading in light of the circumstances
				under which it is made;
12. would
				result in the violation of any law or regulation or a contractual or other
				obligation of any person through whom the veterinarian seeks to
				communicate;
13. contains a
				representation or implication that is likely to cause an ordinary prudent
				layman to misunderstand or be deceived or fails to contain reasonable warnings
				or disclaimers necessary to make a representation or implication not deceptive;
				or
14. relates to professional fees
				other than:
a. a statement of the fixed fee
				charged for a specific professional service, provided that the description of
				such services would not be misunderstood or be deceptive and that the statement
				indicates whether additional fees may be incurred for related professional
				services which may be required in individual cases; or
b. a statement of the range of fees for
				specifically described professional service, provided that there is reasonable
				disclosure of all relevant variables and considerations affecting the fees so
				that the statement would not be misunderstood or be deceptive, including,
				without limitation, an indication whether additional fees may be incurred for
				related professional services which may be required in individual
				cases.