N.J. Admin. Code § 13:35-8.14

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

Section 13:35-8.14 - Advertising and Solicitation

(a) Any licensee who engages in the use of advertising, stationery, business cards or signs which contain any of the following shall be deemed to have committed professional misconduct in violation of N.J.S.A. 45:1-21:

1. Any statement, claim or format which is false, fraudulent, misleading or deceptive;

2. Any misrepresentation of material fact;

3. Any omission or concealment of material fact, under circumstances where a licensee knows or should know that the omission is improper or is likely to hamper a customer from making a full and informed judgment on the basis of the information set forth;

4. Any claim that the service performed or the materials used are superior to that which is ordinarily performed or used in the business unless such claim can be documented as truthful and not misleading;

5. A technique or communication which appears to intimidate, exert undue pressure or undue influence on a customer;

6. The use of terms such as "prescription made" and "certified hearing aid audiologist" or "audiologist," unless the person to whom reference made is a licensed audiologist as defined by N.J.S.A. 45:3B-2(a);

7. The use of any term that connotes a medical competence that does not exist; or

8. The use of the name of a temporary licensee or trainee in an advertisement, sign, stationery or business card.

(b) The name, license number and title designation ("Hearing Aid Dispenser") of the supervising licensee shall appear on every advertisement, stationery or business card. The name and title designation of the supervising licensee shall appear on every sign.

(c) The responsibility for the form and content of every advertisement, sign, stationery or business card shall be jointly and severally that of each licensee who is a principal, partner or officer of the firm or entity so identified as well as the supervising licensee whose name and license number is displayed therein.

(d) It shall be professional misconduct for a licensee to visit the home or office of a potential customer for the purpose of inducing a sale of a hearing aid without having obtained the express prior consent of such potential customer.

N.J. Admin. Code § 13:35-8.14

Recodified from 13:35-8.12 by R.1994 d.595, effective 12/5/1994.
See: 26 New Jersey Register 1301(b), 26 New Jersey Register 4780(b).
Petition for Rulemaking.
See: 30 New Jersey Register 2528(a).
Recodified from N.J.A.C. 13:35-8.13 by R.1998 d.372, effective 7/20/1998.
See: 30 New Jersey Register 1191(a), 30 New Jersey Register 2633(a).
Former N.J.A.C. 13:35-8.14, Abandonment; excessive fees, was recodified to N.J.A.C. 13:35-8.15.