N.J. Admin. Code § 13:35-12.21

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:35-12.21 - Advertising and solicitation practices

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

"Advertisement" means any attempt directly or indirectly by publication, dissemination, or circulation in print or electronic media which directly or indirectly induces or attempts to induce any person to purchase or enter into an agreement for treatment from a licensee.

"Electronic media" means radio, television, and Internet.

"Graphic representation" means the use of drawings, animations, clinical photographs, dramatizations, music or lyrics.

"Print media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, matchcovers and other similar items, documents or comparable publications, the content of which is disseminated by means of the printed word.

"Range of fees" means a stated upper and lower limit on the fees charged for services or goods offered by a licensee.

"Routine professional service" means a service which a licensee routinely performs.

(b) A licensee may provide information to the public by advertising in print or electronic media.

(c) An advertisement by a licensee shall include:

1. The name of the licensee;

2. The address of the licensee's office;

3. The licensee's office phone number; and

4. The license number and/or premises license number.

(d) A licensee who engages in the use of advertising which contains any of the following shall be deemed to be engaged in professional misconduct:

1. Any statement, claim or format such as a graphic representation, which is false, fraudulent, misleading or deceptive;

2. Any claim that the treatment performed or the materials and/or equipment used are superior to that which is ordinarily performed or used in the profession unless the claim is objective and can be substantiated;

3. Any promotion of a professional service which the licensee knows or should know is beyond the licensee's ability to perform or any guarantee of results from any treatment not consistent with the definition of electrology in N.J.A.C. 13:35-12.2;

4. The communication of any fact, data or information which may personally identify a client without that client's signed written permission obtained in advance; or

5. Any violations of (e) through (j) below.

(e) The Committee may require a licensee to substantiate the truthfulness of any assertion or representation set forth in an advertisement. Failure of a licensee to provide factual substantiation to support a representation or assertion shall be deemed professional misconduct.

(f) An advertisement offering free services or a fee reduction, including coupons, shall state the reduced fee or range of fees and the licensee's usual fee or range of fees for each service for which a reduction is advertised. The reference fee required in this subsection shall have been the usual fee charged for the advertised service for a period of not less than 90 days prior to the advertised reduction.

(g) The responsibility for the form and content of any advertisement offering treatment by a licensee shall be:

1. Jointly and severally that of each licensee who is a principal of the firm or entity identified in the advertisement; and

2. Borne by the licensee even if the advertisement is placed by an unlicensed entity.

(h) The time period during which an advertised fee will remain in effect shall be set forth on the face of the advertisement. In the absence of such disclosure, the effective period shall be deemed to be 30 days from the date of the advertisement's final publication.

(i) A video or audio tape of every advertisement communicated by electronic media shall be retained by the licensee and shall be made available for review upon request by the Committee. A copy of any advertisement appearing in the print media shall also be retained by the licensee and made available for review. The tapes and print media copies required to be retained by this subsection shall be kept for a period of three years from the date of the last authorized publication or dissemination of the advertisement.

(j) Testimonial advertisement shall be conducted as follows:

1. All testimonials involving a specific or identifiable procedure shall truthfully reflect the actual experience of the client and shall include the following statement:

"This procedure may not be suitable for every client. All clients must be evaluated by an electrologist as the appropriateness of performing the procedure and informed of any potential risks and complications."

2. Where compensation has been paid to a testimonial giver, the fact of such compensation shall be conspicuously disclosed in a legible and readable manner in any advertisement in the following language: "COMPENSATION HAS BEEN PROVIDED FOR THIS TESTIMONIAL."

3. A licensee who advertises through the use of testimonials shall maintain documentation relating to such testimonials for a period of three years from the date of the last use of the testimonial. Such documentation shall include, at a minimum, the name, address and telephone number of the individual in the advertisement, the type and amount or value of compensation.

4. The testimonial shall not guarantee any specific results from any treatment.

N.J. Admin. Code § 13:35-12.21