Section 180.043 - Standard - Advertising(A) Advertising is permissible in professional media if it is of an ethical nature and does not contain misleading statements or unsubstantiated claims. Advertising to individuals in the general public is permitted so long as such advertising: (1) does not misrepresent, by false statement, by omission of a material fact, or scheme, trick, or device, the category or categories of procedure performed at, or the service or services available at, the clinical laboratory;(2) informs the public that Massachusetts law prohibits laboratories from performing tests without a written request from a licensed physician, dentist, or other authorized person; and(3) conforms to all other Massachusetts laws and regulations. Personal solicitation by an owner or his agent shall be considered advertising within the meaning of 105 CMR 180.043.
(B) Brochures or test listings distributed by the laboratory shall not contain lists of tests or services which are not performed on its own premises, unless the brochure or list indicates clearly that the tests so listed are performed elsewhere. Brochures or test listings shall be updated on a reasonable basis from time to time.(C) Signs of a descriptive character designed to identify the laboratory premises or access thereto are permissible except when their content, size, or location is unethical or when they are determined by the Department to constitute a form of advertising to individuals in the general public which does not comply with 105 CMR 180.043(A).