1. (a) As used in this section:

   1. (1) “Advertising” means:

      1. (A) Newspaper, magazine, and periodical announcements and listings;
      2. (B) Professional cards;
      3. (C) Professional announcement cards;
      4. (D) Office and other signs;
      5. (E) Letterheads;
      6. (F) Telephone and other directory listings; and
      7. (G) Any other form of communication designed to:

2. (i) Inform the general public about the availability, nature, or prices of products or services; or

   1. (ii) Attract clients; and
   2. (2) “Solicitation” means advertising intentionally directed to specific individuals.

3. (b) A veterinarian shall not, on behalf of himself or herself, his or her partner, his or her associate, or any other veterinarian:

   1. (1) Seek to attract any client who has given the veterinarian notice that he or she does not want to receive communications from the veterinarian; or

   2. (2) Use, or participate in the use of, any form of advertising or solicitation that contains a false, deceptive, or misleading statement or claim.

      1. (c) A “false, deceptive, or misleading statement or claim” includes, without limitation, a statement or claim that:
   3. (1) Contains a guarantee that a cure will result from the performance of professional services;
   4. (2) Contains a false, deceptive, or misleading testimonial or endorsement by a veterinarian;
   5. (3) Refers to secret methods of treatment or special services that characterize the ways of a charlatan;
   6. (4) Concerns illegal transactions;
   7. (5) Is not identified as a paid advertisement or solicitation unless it is apparent from the context that it is a paid advertisement or solicitation;
   8. (6) Contains false, deceptive, or misleading information concerning performance or case reports;
   9. (7) Contains false, deceptive, or misleading representation regarding the quality of professional services;
   10. (8) States that a veterinarian is a certified specialist unless he or she is Arkansas Board of Animal Health-certified in such specialty;
   11. (9) Contains a material misrepresentation of fact;
   12. (10) Omits to state any material fact necessary to make the statement not misleading in light of the circumstances under which it is made;
   13. (11) Would result in the violation of any law or regulation or a contractual or other obligation of any person through whom the veterinarian seeks to communicate;
   14. (12) Contains a representation or implication that is likely to cause an ordinary prudent layperson to misunderstand or be deceived or fails to contain reasonable warning or disclaimers necessary to make a representation or implication not deceptive; or
   15. (13) Contains false, deceptive, or misleading information relating to professional fees.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided the following at the beginning of the section: “(Adopted: 11/5/1980) (Amended: 5/24/1988)”.