Section 3.11 - Advertising(1) An Optometrist shall not engage in: (a) Advertising which is false, deceptive or misleading;(b) Advertising which offers gratuitous services, in violation of M.G.L. c. 112, § 73A; or(c) Advertising which is not in accordance with applicable law, including, but not limited to, M.G.L. c. 112, § 73A; M.G.L. c. 266, §§ 91, 91A, 91B; M.G.L. c. 93, § 1 et seq.; and the Attorney General's regulations at 940 CMR 3.00: General Regulations and 6.00: Retail Advertising.(2) Every advertisement for merchandise, service or anything regarding the practice of Optometry shall, in accordance with 246 CMR 3.07, clearly state the following: (a) the name and degree of the Optometrist(s) whose merchandise or services are being advertised; and(b) the principal and/or branch office addresses of said Optometrist(s).(3)Electronic Media.(a) A Optometrist may advertise in electronic media, including television radio, and the internet, provided that the Optometrist maintains a complete, accurate, and reproducible tape or copy of the audio and visual contents of that advertisement for a period of three years.(b) The Optometrist must furnish the complete copy of this advertising to the Board upon request. The cost of maintaining and providing this advertising copy shall be borne by the Optometrist.(4)Advertised Prices.(a) An Optometrist may advertise the sale price or a stated range of prices for contact lenses, eyeglasses, or eyeglass frames, provided such advertisement clearly states whether said prices include lenses, and, if so, the type of lenses and strength thereof.(b) Any advertisement offering contact lenses, eyeglasses or eyeglass frames at a fixed price shall include a statement that said price does not include professional services, as required by M.G.L. c. 112, § 73A.(c) An Optometrist may advertise fixed prices or a stated range of prices for specified routine professional services, provided such advertisement clearly states whether additional charges may be incurred for related services, as required by M.G.L. c. 112, § 73A.(5)Trade or Service Names. (a) Optometrists may practice and advertise under a trade or service name; provided, however, that the name(s) of the Optometrist(s) are prominently displayed at all locations where they practice, in all advertisements that identify the location or locations where they provide optometric services, and in each Optometrist's examining room(s).(b) The name of the Optometrist actually responsible for the provision of such optometric services shall be included in the same type as the address of the location.(c) The name of the Optometrist who actually wrote the prescription shall also be printed on the prescription form. If the name of the Optometrist is not typewritten on the prescription form, the name of the Optometrist may be handwritten so long as it is legible.Amended by Mass Register Issue 1340, eff. 6/2/2017.