Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

49 Pa. Code § 23.31. Advertising.

BUSINESS PRACTICES


§ 23.31. Advertising.

 (a)  Advertising by publication, transmission, posting or distribution is permitted if it is not misleading, deceptive or fraudulent on its face, by inference, or by its effect in actual practice.

 (b)  Price advertising is permitted if eye examinations and spectacle lenses or contact lenses are priced separately. Advertising a portion of a professional service as ‘‘free’’ is prohibited, when receipt of the ‘‘free’’ service or product is conditioned upon the purchase of an additional service or product, and the terms of this condition are not disclosed.

 (c)  Lettering used on doors, windows or displays shall comply with subsection (a), and shall conspicuously identify the names and degrees of professionals engaged in the practice.

 (d)  The listing of an optometrist in a telephone directory may contain the optometrist’s name, title, degrees, addresses, office hours and telephone numbers. This listing may also contain other information which is not in violation of subsection (a) and shall identify the optometrist with the designations ‘‘Doctor of Optometry,’’ ‘‘O.D.’’ or ‘‘Dr.’’ followed by ‘‘Optometrist.’’

 (e)  An optometrist listed in the classified section of a phone directory may only be listed under classifications relating to the provision of optometric services at the addresses noted in Board records as the places of practice of that optometrist, after notice has been filed with the Board in compliance with § §  23.43 and 23.44 (relating to offices; and additional practice locations).

 (f)  An optometrist listed in a telephone directory may use the term ‘‘succeeded by,’’ ‘‘succeeding’’ or ‘‘successor to’’ and the name of the succeeded optometrist for no longer than 2 years from the date of succession to the practice.

Authority

   The provisions of this §  23.31 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. §  244.3(b)(14)).

Source

   The provisions of this §  23.31 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863. Immediately preceding text appears at serial page (9740) to (9742).

Cross References

   This section cited in 49 Pa. Code §  23.43 (relating to offices).



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