4008.1 A health professional shall not make or cause to be made a false or misleading communication about the health professional or the health professional's services.

4008.2 A health professional shall not falsely represent that the health professional is certified by, a member of, or otherwise endorsed by, a professional society, association, or other organization.

4008.3 A health professional shall not communicate the fact that the health professional practices a particular health occupation, or specializes in a particular field of the health occupation, unless the health professional is in fact a specialist in the particular field indicated or possesses any certificate required by the health profession to be a specialist in the field.

4008.4 Subject to this section, a health professional may advertise professional services through media, such as a telephone directory, legal directory, newspaper or other periodical, radio or television, or through written communication not involving personal contact.

4008.5 As used in this section, a communication is "false" or "misleading" if it:

(a) Contains a material misrepresentation or omits to make a representation necessary to make the statement considered as a whole not misleading; or

(b) Contains an assertion about the health professional or the health professional's services that cannot be substantiated.

SOURCE: Final Rulemaking published at 34 DCR 5859 (September 11, 1987).