852 IAC 1-12-6 Advertising

Sec. 6. (a) An optometrist shall not, on behalf of the optometrist, a partner, an associate, a shareholder in a professional corporation, or any other practitioner or specific health care provider affiliated with the optometrist, use, or participate in the use of, any form of public communication containing a false, fraudulent, materially misleading, or deceptive statement or claim. (b) In order to facilitate the process of informed selection of an optometrist by the public, an optometrist may advertise services through the public media including, but not limited to, the following: (1) A telephone directory. (2) An optometrists' directory. (3) A newspaper or other periodical. (4) Radio or television. (5) A written communication not involving personal contact. (c) If the advertisement is communicated to the public by radio, cable, or television, it must be prerecorded, approved for broadcast by the optometrist, and a recording and transcript of the actual transmission must be retained by the optometrist for a period of three (3) years from the last date of broadcast. (d) If the optometrist advertises a fee for: (1) ophthalmic material; (2) service; (3) treatment; (4) consultation; (5) examination; or (6) any other procedure; the optometrist must provide that ophthalmic material, service, or procedure for not more than the fee advertised. (e) Unless otherwise conspicuously specified in the advertisement, an optometrist who publishes or communicates fee information in a publication that is published more than one (1) time per month is bound by any representation made in the publication for a period of thirty (30) days after the publication date. An optometrist who publishes or communicates fee information in a publication that is published once a month or less frequently is bound by any representation made in the publication until the publication of the succeeding issue, unless a shorter time is conspicuously specified in the advertisement. An optometrist who publishes or communicates fee information in a publication that has no fixed date for publication for a succeeding issue is bound by any representation made in the publication for one (1) year, unless a shorter period of time is conspicuously specified in the advertisement. (f) Unless otherwise specified in the advertisement, an optometrist who broadcasts fee information by radio, cable, or television is bound by any representation made in the advertisement for a period of ninety (90) days after the broadcast. (g) An optometrist who places an advertisement using a corporation name or trade name is required to identify the location or locations at which the optometric service will be provided. The name of the optometrist who will provide the optometric services must be identified at that location.