Section 1370-02-.20 - ADVERTISING(1) All advertisements shall adhere to the proscriptions specifically set out in Rule 1370-02-.13 governing Unethical Conduct.(2) Advertising Records and Responsibility(a) 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 licensed professional employees acting as an agent of such firm or entity.(b) Any and all advertisements are presumed to have been approved by the licensee named therein.(c) 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 one (1) year from the last date of broadcast or publication and be made available for review upon request by the Council or its designee.(d) 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 information.Tenn. Comp. R. & Regs. 1370-02-.20
Original rule filed December 28, 1999; effective March 12, 2000. Amendment filed July 10, 2006; effective September 23, 2006.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-145, 63-17-105, and 63-17-203. Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-116, and 63-17-203.