§ 49.80. Advertising.
(a) Definition. Advertising is defined as the engagement in general informational activities, including those that enable the public, referral sources or others to choose professional services on an informed basis.
(b) Engagement in advertising.
(1) Licensees may engage in advertising that accurately represents their competencies, education, training and experience relevant to their professional practice. Licensees may not advertise their services and credentials in a manner that is false, misleading, deceptive or fraudulent.
(2) Licensees shall ensure that advertisements and publications in any media, such as directories, announcements, business cards, newspapers, radio, television, internet and facsimiles, convey information that is necessary for the public to make an appropriate selection of professional services. This information may include the following:
(i) Office information, such as name, address, telephone number and credit card acceptability.
(ii) Earned degrees and state or provincial licensures or certifications.
(iii) Professional association member status.
(iv) Description of practice.
(3) Licensees may not use names that could mislead the public concerning the identity, responsibility, source or status of those practicing under that name, and may not hold themselves out as being partners or associates of a firm if they are not partners or associates of the firm.
(4) Licensees may not use any professional identification, such as a business card, office sign, letterhead, internet, or telephone or association directory listing, if it includes a statement or claim that is false, fraudulent, misleading or deceptive.
(5) In representing their educational qualifications, licensees shall list and claim only those earned degrees from institutions accredited by regional accreditation sources recognized by the United States Department of Education, from institutions recognized by states or provinces that license or certify the licensee, or from equivalent foreign institutions.
(6) The licensee shall correct, whenever possible, false, misleading or inaccurate information and representations made by others concerning the licensee’s qualifications, services or products.
(7) Licensees shall make certain that the qualifications of their employees or supervisees are represented in a manner that is not false, misleading or deceptive.
(8) Licensees may not represent themselves as providing specialized services unless they have the required education, training or supervised experience.
Source The provisions of this § 49.80 adopted September 17, 2010, effective September 18, 2010, 40 Pa.B. 5320.
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