3310. FALSE OR MISLEADING COMMUNICATIONS AND ADVERTISING

3310 FALSE OR MISLEADING COMMUNICATIONS AND ADVERTISING 3310.1 A practitioner shall not make or cause to be made a false or misleading communication about the practitioner's occupation or profession, or services. 3310.2 A practitioner shall not falsely represent that the practitioner is certified by, a member of, or otherwise endorsed by, a professional society, association, or other organization. 3310.3 A practitioner shall not communicate that the practitioner specializes in a particular field of the practitioner's occupation or profession unless the practitioner is in fact a specialist in the particular field or possesses a certificate required by the occupation or profession to be a specialist in the field. 3310.4 Subject to this section, a practitioner may advertise services through media such as a telephone directory, legal director, newspaper or other periodical, radio or television, or written communication not involving personal contact. 3310.5 As used in this section, a communication is "false" or "misleading" if it: (a) Contains a material misrepresentation or omits to make a representation necessary to make the statement considered as a whole not misleading; or (b) Contains an assertion about the practitioner or the practitioner's occupation or profession, or services, which cannot be substantiated. SOURCE: Final Rulemaking published at 35 DCR 3488, 3496 (May 13, 1988).