10.56.07.03

.03 Advertising.

A. A dietitian or nutritionist may advertise dietetic services under the provisions of this chapter.

B. An advertisement shall include the following:

(1) Name of licensee;

(2) Address or telephone number of practicing location; and

(3) Type of license.

C. An advertisement may not include a statement:

(1) Containing misrepresentation of facts;

(2) Likely to mislead or deceive because in context the statement makes only a partial disclosure of relevant facts;

(3) Intended to or likely to create false or unjustified expectations of favorable results;

(4) Relating to fees without reasonable disclosure of all variables needed to make the statement clear and nondeceptive to a layperson;

(5) Conveying the impression that the dietitian or nutritionist can influence improperly any public body, official, corporation, or any person on behalf of a patient;

(6) Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent person to misunderstand or be deceived;

(7) Containing representations that the dietitian or nutritionist is willing to perform any procedure that is illegal under federal or State law or regulation;

(8) That fails to state the type of license; or

(9) That cannot be verified by the Board.

D. A dietitian or nutritionist shall be accountable under this chapter if the dietitian or nutritionist uses an agent, advertising service, employer, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.