Section 1. Every member shall observe the Veterinary Practice Act and the Code of Ethics adopted by this Association, and shall be answerable thereto for a breach of same.
Section 2. Unless specifically amended by the membership, the principals of veterinary medical ethics established by the American Veterinary Medical Association shall govern the acts and activities of each member of this corporation.
Section 3. A. Personal or other solicitation and/or advertising may be considered unprofessional conduct if a veterinarian, for himself, partner or associate, or for any other veterinarian, person or organization affiliated with him shall
(i) use, participate, aid or authorize the use of any form, type or method of advertising or solicitation which contains false, deceptive or misleading statement or claim;
(ii) seeks clients by any form of in-person advertising or solicitation delivered or directed to a non-client if such non-client has given notice that he does not want to receive communications from or concerning the veterinarian;
(iii) use, participate, aid or authorize the use of his name or photograph in combination with his identity, as a veterinarian, doctor, doctor of veterinary medicine, surgery or dentistry or any abbreviation thereof, as part of any testimonial endorsement, or sales promotion of any product or service except as otherwise permitted herein;
(iv) accept as a client a person whom he knows seeks his services as a result of any acts or activities which are deemed to be or appear to be, or be likely to appear to be unprofessional conduct in the practice of veterinary medicine.
B. As used herein, a false, deceptive or misleading statement or claim includes, by
way of illustration and not limitation, a statement or claim which;
(i) contains a material misrepresentation of fact;
(ii) omits to state any material fact necessary to make the statement not misleading in light of the circumstances under which it was made;
(iii) is intended or is likely to create an inflated or unjustified expectation;
(iv) states or implies that a veterinarian is a certified or recognized specialist unless he is board certified in such specialty.
(v) relates to professional fees other than:
(a) a statement of the fixed fee charged for a specific professional service, provided that the description of such service would not be misunderstood or be false, misleading or deceptive and that the statement indicates whether additional fees may be incurred for related professional services which may be required in individual cases or will not be incurred;
(b) a statement of the range of fees or specifically described professional services, provided that there is reasonable disclosure of all relevant variables and considerations affecting the extent of the additional services and the fees so that the statement would not be misunderstood or be false, misleading or deceptive, inluding by way of illustration and not limitation, an indication whether additional services which may be required in individual cases; and
(c) the availability and description of credit arrangements.
(vi) contains a representation implication that is likely to cause an ordinary prudent lay person to misunderstand, be misled or deceived and fails to contain resonable warnings or disclaimers necessary to make a representation or implication not false, deceptive or misleading;
(vii) contains statistical data or other information based on past performance or case reports;
(viii) contains a prediction of future success or guarantee of satisfaction or that a cure will result from the performance of the professional services;
(ix) contains a purported or actual testimonial about or endorsement of the veterinarian by another veterinarian's client or any other person;
(x) contains a statement of opinion or a representation regarding the quality of professional services which is not immediately susceptible to verification or which is false, deceptive or misleading;
(xi) refers to secret methods or treatment or special services which characterize the ways of a charlatan;
(xii) results in undue influence;
(xiii) concerns illegal actions;
(xiv) is not identified as a paid advertisement or solicitation unless it is apparent from the context that it is a paid advertisement or solicitation; or
(xv) would result in the violation of any applicable law, rule or regulation or of a contractual, legal or other obligation of any person to whom or through whom the veterinarian seeks to communicate.
