(a) A licensee shall use factual information to inform the public and colleagues of the licensee's services. A licensee shall not use advertising that is false, misleading, or deceptive or that is not readily subject to verification.     
      (b) False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes, but is not limited to, advertising that:      
        (1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;       
        (2) makes a representation likely to create an unjustified expectation about the results of a health care service or procedure;       
        (3) compares a health care professional's services with another health care professional's services unless the comparison can be factually substantiated;       
        (4) causes confusion or misunderstanding as to the credentials, education, or licensure of a health care professional;       
        (5) advertises or represents that health care insurance deductibles or copayments may be waived or are not applicable to health care services to be provided if the deductibles or copayments are required;       
        (6) advertises or represents that the benefits of a health benefit plan will be accepted as full payment when deductibles or copayments are required;       
        (7) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of patient; or       
        (8) advertises or represents in the use of a professional name a title or professional identification that is expressly or commonly reserved to or used by another profession or professional.       
      (c) As used in this section, a "health care professional†includes a licensed dietitian or any other person licensed, certified, or registered by the state in a health-related profession.     
     Source Note:        The provisions of this §116.104 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185