NAC635.375. Advertising practices: Forbidden practices; grounds for disciplinary action.

     1. A podiatrist shall not advertise the practice of podiatry in such a manner that the advertising:

     (a) Includes a statement which he or she knows to be false, or through the exercise of reasonable care should have known to be false, deceptive, misleading or harmful, to induce a person to use his or her services;

     (b) Includes an extravagant claim, aggrandizement of his or her abilities, or self-laudatory statement which is calculated to attract a patient and has a tendency to mislead the public or produce unrealistic expectations;

     (c) Is a false, deceptive or misleading statement or representation regarding the price, cost, charge or fee for services or regarding the services he or she has performed or will perform; or

     (d) Includes a certification from an entity that is not approved by the Board, unless the advertising also includes a disclaimer clearly stating that the certification was received from an entity that is not approved by the Board.

     2. Disciplinary action may be commenced against a podiatrist whose statement or other advertising described in subsection 1 has a tendency to:

     (a) Deceive, mislead or harm the public because of its false, deceptive, misleading or harmful character; or

     (b) Produce unrealistic expectations, even though no member of the public is actually deceived, misled or harmed, or no unrealistic expectations are actually produced by the statement or other advertising.

     (Added to NAC by Bd. of Podiatry, eff. 2-28-97)