N.J. Admin. Code § 13:35-14.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:35-14.11 - Advertising and solicitation practices

(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.

1. "Advertisement" means any attempt directly or indirectly by publication, dissemination, or circulation in print or electronic media to induce directly or indirectly any person or entity to purchase or enter into an agreement to purchase services, treatment, or goods related thereto from a licensed genetic counselor.

2. "Electronic media" shall include radio, television, telephone, facsimile machine, or computer.

3. "Fee schedule" refers to the fees charged for services or goods offered by a licensed genetic counselor.

4. "Graphic representation" means the use of drawings, animations, clinical photographs, dramatizations, music, or lyrics.

5. "Print media" shall refer to newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, fliers, or other publications, the content of which is disseminated by means of the printed word.

6. "Routine professional service" refers to a service that a licensed genetic counselor or professional association routinely performs.

(b) Subject to the limitation of (c) and (f) through (h) below, a licensed genetic counselor may provide information to the public by advertising in print or electronic media.

(c) A licensed genetic counselor who engages in the use of advertising that contains any of the following shall be deemed to have engaged in professional misconduct:

1. Any statement, claim, or format including a graphic representation that is false, fraudulent, misleading, or deceptive;

2. Any misrepresentation of a material fact;

3. The suppression, omission, or concealment of any material fact under circumstances that the licensed genetic counselor knows or should have known is improper or prevents a client from making a full and informed judgment on the basis of the information set forth in the advertisement;

4. Any claim that the service performed or the materials used are superior to those ordinarily performed or used in the profession;

5. Any promotion of professional service that the licensed genetic counselor knows or should know is beyond the licensed genetic counselor's ability to perform;

6. A technique or communication that appears to intimidate, exert undue pressure, or to unduly influence a client;

7. Any personal testimonial by a client attesting to the quality or competence of service or treatment by a licensed genetic counselor involving technical assessments that are beyond the client's competency to assess, or any testimonial not in compliance with N.J.A.C. 13:35-14.13;

8. The communication of any fact, data, or information that may personally identify a client without the client's signed written permission obtained in advance;

9. An offer to pay, give, or accept a fee or other consideration to or from a third party for the referral of a client;

10. Any print, language, or format that directly or indirectly obscures a material fact; or

11. Any guarantee of results from any genetic counseling encounter.

(d) The Committee may require a licensed genetic counselor to substantiate the truthfulness of any assertion or representation set forth in an advertisement.

(e) Any violations of (f) through (h) below shall be deemed professional misconduct.

(f) A licensed genetic counselor shall not engage, either directly or through the use of any agent, employee, or representative, in solicitation of a client. This subsection shall not prohibit a licensed genetic counselor from offering services through materials provided to a community service organization that makes known the availability of all professional services listed; nor shall it prohibit the offering of services by a licensed genetic counselor to any bona fide representative of a client including, employers, labor union representatives, or insurance carriers.

(g) Advertising making reference to or setting forth fees shall be limited to a stated fee for specifically described routine professional services or goods offered by licensed genetic counselors.

1. A licensed genetic counselor who advertises a fee shall disclose all relevant and material variables and considerations that are ordinarily included in such a service, so that the fee will be clearly understood by clients.

2. In the absence of such disclosure referred to in (g)1 above, the stated fees shall be presumed to include everything ordinarily required for such a service. No additional charges shall be made for an advertised service unless the advertisement specifically delineates the additional services contemplated and the fee to be charged.

(h) The time period during which an advertised fee will remain in effect shall be set forth on the face of the advertisement. In the absence of such disclosure, the effective period shall be deemed to be 30 days from the date of the advertisement's final publication.

N.J. Admin. Code § 13:35-14.11