4008. FALSE OR MISLEADING COMMUNICATIONS AND ADVERTISING

4008 FALSE OR MISLEADING COMMUNICATIONS AND ADVERTISING 4008.1 A health professional shall not make or cause to be made a false or misleading communication about the health professional or the health professional's services. 4008.2 A health professional shall not falsely represent that the health professional is certified by, a member of, or otherwise endorsed by, a professional society, association, or other organization. 4008.3 A health professional shall not communicate the fact that the health professional practices a particular health occupation, or specializes in a particular field of the health occupation, unless the health professional is in fact a specialist in the particular field indicated or possesses any certificate required by the health profession to be a specialist in the field. 4008.4 Subject to this section, a health professional may advertise professional services through media, such as a telephone directory, legal directory, newspaper or other periodical, radio or television, or through written communication not involving personal contact. 4008.5 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 health professional or the health professional's services that cannot be substantiated. SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4008