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Tennessee OT Advertising
Informational communication to the public in any manner designed to attract public attention to the practice of an occupational therapist who is licensed to practice in Tennessee.
Any person holding a license to practice occupational therapy in the State of Tennessee. Where applicable this shall include partnerships and/or corporations.
Any fact which an ordinary reasonable and prudent person would need to know or rely upon in order to make an informed decision concerning the choice of occupational therapists to serve his or her particular needs.
Bait and Switch Advertising
An alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell. Its purpose is to switch consumers from buying the advertised service or merchandise, in order to sell something else, usually for a higher fee or on a basis more advantageous to the advertiser.
Shall mean a fee offered or charged by a person for a product or service that is less than the fee the person or organization usually offers or charges for the product or service. Products or services expressly offered free of charge shall not be deemed to be offered at a "discounted fee".
Advertising Fees and Services
Fixed fees may be advertised for any service. It is presumed unless otherwise stated in the advertisement that a fixed fee for a service shall include the cost of all professional recognized components within generally accepted standards that are required to complete the service.
Range of Fees
A range of fees may be advertised for services and the advertisement must disclose the factors used in determining the actual fee, necessary to prevent deception of the public.
Discount fees may be advertised if:
Related Services and Additional Fees
Related services which may be required in conjunction with the advertised services for which additional fees will be charged must be identified as such in any advertisement.
Time Period of Advertised Fees
Unprofessional Advertising Content
The following acts or omissions in the context of advertisement by any licensee shall constitute unprofessional and/or unethical conduct and subject the licensee to disciplinary action pursuant to T.C.A. § 63-13-209.
Advertising Records and Responsibility
Each licensee who is a principal partner, or officer of a firm or entity identified in any advertisement, is jointly and severally responsible for the form and content of any advertisement. This provision shall also include any licensed professional employees acting as an agent of such firm or entity.
Any and all advertisements are presumed to have been approved by the licensee named therein.
A recording of every advertisement communicated by electronic media, and a copy of every advertisement communicated by print media, and a copy of any other form of advertisement shall be retained by the licensee for a period of two (2) years from the last date of broadcast or publication and be made available for review upon request by the Board or its designee.
At the time any type of advertisement is placed, the licensee must possess and rely upon information which, when produced, would substantiate the truthfulness of any assertion, omission or representation of material fact set forth in the advertisement or public communication.
Tenn. Comp. R. & Regs. 1150-02-.13