61G18-21.001. Advertising

(1) Advertising by veterinarians is permitted in order to disseminate information for the purpose of providing the public sufficient basis upon which to make an informed selection of veterinarians. In the interest of protecting the public health, safety and welfare, advertising which is false and misleading is prohibited.

(2) As used in the rules of this Board, the terms "advertisement" and "advertising" shall mean any statements, oral or written, disseminated to or before the public or any portion thereof, with the intent of furthering the purpose, either directly or indirectly, of selling professional services, or offering to perform professional services, or inducing members of the public to enter any obligation relating to such professional services. The terms advertisement or advertising shall include the name under which professional services are performed.

(3) No veterinarian shall disseminate or cause the dissemination of any advertisement or advertising which is in any way fraudulent, false, deceptive or misleading in form or content. Any advertisement or advertising shall be deemed by the Board to be fraudulent, false, deceptive or misleading if it:

(a) Contains a misrepresentation of facts; or

(b) Is misleading or deceptive because in its content or in the context in which it is presented it makes only a partial disclosure of relevant facts; or

(c) Creates false or unjustified expectations of beneficial treatment or successful cures; or

(d) Conveys the impression that the veterinarian disseminating the advertising or referred to therein, his staff, his services or method of delivery of veterinary services are superior to any other licensed veterinary services, licensed veterinarian or legally recognized method of delivery unless such claims can be substantiated. A veterinarian shall not advertise that he is a specialist unless he is a diplomate of one or more national specialty boards which are recognized by the Board of Veterinary Medicine. For the purposes of this rule the Board recognizes only those national specialty boards which are recognized by the American Veterinary Medical Association. It is permissible for a veterinarian to advertise that he limits his practice to or has a particular interest in a particular species or particular area of practice.

(e) Fails to conspicuously identify the veterinarian or veterinarians referred to in the advertising as a veterinarian or veterinarians; or

(f) Contains any representations or claims as to which the veterinarian, referred to in the advertising, fails to perform; or

(g) Contains any other representation, statement or claim which is misleading or deceptive in form or content.

(4) The provisions of this rule shall apply to media exposure of any nature regardless of whether it is in the form of paid advertising.

(5) A veterinarian who advertises a veterinary hospital or clinic shall include in all emergency hospital or clinic advertisements the hours during which such emergency services are provided and the availability of the veterinarian who is to provide the emergency service. The availability of the veterinarian who is to provide emergency service shall be specified as either "veterinarian on premises" or "veterinarian on call." The phrase "veterinarian on premises" shall mean that there is a veterinarian actually present at the hospital who is prepared to render emergency veterinary services. The phrase "veterinarian on call" shall mean that a veterinarian is not present at the hospital, but is able to respond within a reasonable time to requests for emergency services and has been designated to so respond.

Specific Authority 474.206 FS. Law Implemented 474.214(1)(e) FS. History–New 12-4-84, Formerly 21X-12.01, Amended 10-14-86, 5-2-89, Formerly 21X-21.001, Amended 6-30-98.