256 CMR, § 5.03

Current through Register 1538, January 3, 2025
Section 5.03 - Advertising
(1) A licensee may, by using print or electronic media, provide information to the public by advertising which is not false, fraudulent, misleading or deceptive.
(2) A licensee shall not use any advertising that contains:
(a) any statement or claim that a licensee is a veterinary specialist unless the licensee meets the definition of 256 CMR 2.01: Veterinary Specialist (Veterinary Diplomate). Advertisements which include both veterinary specialist licensees and non-specialist licensees or their respective services, which do not clearly identify and separate the veterinary specialist licensees and their services from the non-specialist licensees and their services is prohibited. This does not prohibit truthful and non-deceptive statements concerning a licensee's experience or training in a particular area of veterinary practice;
(b) techniques or communications which tend to or do intimidate or exert undue pressure on or influence over a client;
(c) a lay or expert testimonial unless from individuals with knowledge or experience obtained from a provider relationship with the licensee or direct knowledge of the subject of the testimonial. A lay or expert's testimonial shall not attest to any technical matter beyond that person's competence; or
(d) any statement that guarantees that a cure will result from the professional service offered.
(3) A licensee must list his or her degree actually conferred after his or her name or use the term "veterinarian" if only the title "Doctor" appears before his or her name.
(4) Advertising making reference to a fee may only contain a fixed or stated range of fees for a specifically-described routine professional service. A licensee who advertises fees shall disclose all relevant variables and considerations ordinarily included in such a service. In the absence of such a disclosure, the stated fees shall include all components ordinarily included in provisions of such a service. Offers of discounts or fee reductions shall indicate the fixed or stated range of fees from which the fee is discounted. The period during which a fee or discount shall remain in effect shall be clearly and specifically stated in the advertisement.

256 CMR, § 5.03

Amended by Mass Register Issue 1339, eff. 5/19/2017.