New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44 - STATE BOARD OF VETERINARY MEDICAL EXAMINERS › Subchapter 4 - GENERAL RULES OF PRACTICE › Section 13:44-4.8 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates alternatives.
"Advertisement" means the attempt directly or indirectly by publication, dissemination, endorsement or circulation or in any other way to induce directly or indirectly any person to enter into an express or implied agreement to accept veterinary services or treatments related thereto.
"Electronic media" means radio, television, telephone, facsimile machine and computer.
"Licensee" means a person possessing a plenary license to practice veterinary medicine, surgery and dentistry.
"Printed media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers and other similar written materials or comparable publications, the contents of which is disseminated by means of the printed word.
"Range of fees" means the upper and lower limit on the fees charged for professional service.
"Routine professional service" shall refer to a service which a licensee, professional association or institution which provides veterinary care ordinarily performs.
(b) A licensed veterinarian who is engaged in the practice of veterinary medicine, dentistry or surgery in the State of New Jersey, may provide information to the public by advertising which is not false, fraudulent, misleading or deceptive through the use of the print or electronic media.
(c) A licensee who engages in the use of advertising that contains the following, shall be deemed to be engaged in professional misconduct:
1. Any claim that services performed or material used are professionally superior to those ordinarily performed or used unless the claim can be substantiated.
2. Any statement that emergency service is provided or any statement or implication that a facility is open and operating to provide emergency services during non-regular business hours unless the veterinary facility advertised meets the requirements of 13:44-4.11.
3. Any statement or claim or implication arising therefrom that licensee is a specialist where national specialty board certification in the claimed area exists and the licensee does not possess such certification. Where national specialty board certification in an area of claimed expertise does not exist, the use of the term "specialist" or its substantial equivalent shall not be utilized provided, however, that nothing herein shall prohibit truthful and non-deceptive statements concerning a licensee's experience or training in a particular area of veterinary practice.
4. The use of any misrepresentation.
5. Any statement which guarantees that a veterinary cure will result from the professional service offered, provided however that nothing herein shall prohibit an offer or statement guaranteeing a return of professional fees received or a repeat treatment in the event an owner is dissatisfied with services rendered.