La. Admin. Code tit. 46 § LXXXV-1059

Current through Register Vol. 50, No. 9, September 20, 2024

Section LXXXV-1059 - Particular Acts, Statements, or Situations Constituting "False, Deceptive, or Misleading Claim"

A. "False, deceptive, or misleading statement or claim" includes, without limitation, a statement or claim which:

1. contains a prediction of future success or guarantees that satisfaction or a cure will result from the performance of professional services;

2. contains a testimonial about or endorsement of a veterinarian or a combination of a veterinarian's name or photograph and his identity as a veterinarian as part of a testimonial, endorsement, or sales promotion of a veterinary or nonveterinary product or service except that this prohibition does not apply to endorsements of valid, nonprofit charitable organizations whose purpose is to promote veterinary medicine and animal health;

3. refers to secret methods of treatment or special services which characterize the ways of a charlatan;

4. concerns illegal transactions;

5. is not identified as a paid advertisement or solicitation unless it is apparent from the context that it is a paid advertisement or solicitation;

6. contains statistical data or other information based on past performance or case reports;

7. contains a statement of opinion as to the quality of professional services or a representation regarding the quality of professional services which is not susceptible of verification to the public;

8. states or implies that a veterinarian is a certified or recognized specialist unless he is board certified in such specialty;

9. is intended or is likely to create an inflated or unjustified expectation;

10. contains a material misrepresentation of fact;

11. omits to state any material fact necessary to make the statement not misleading in light of the circumstances under which it is made;

12. would result in the violation of any law or regulation or a contractual or other obligation of any person through whom the veterinarian seeks to communicate;

13. contains a representation or implication that is likely to cause an ordinary prudent layman to misunderstand or be deceived or fails to contain reasonable warnings or disclaimers necessary to make a representation or implication not deceptive; or

14. relates to professional fees other than:

a. a statement of the fixed fee charged for a specific professional service, provided that the description of such services would not be misunderstood or be deceptive and that the statement indicates whether additional fees may be incurred for related professional services which may be required in individual cases; or

b. a statement of the range of fees for specifically described professional service, provided that there is reasonable disclosure of all relevant variables and considerations affecting the fees so that the statement would not be misunderstood or be deceptive, including, without limitation, an indication whether additional fees may be incurred for related professional services which may be required in individual cases.

La. Admin. Code tit. 46, § LXXXV-1059

Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 16:231 (March 1990), Repromulgated by the Department of Agriculture and Forestry, Board of Veterinary Medicine, LR 50656 (5/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518.