The following acts or omissions in the context of advertisements by any licensee shall subject the licensee to disciplinary action pursuant to T.C.A. § 63-16-108.
- (1) Claims that convey the message that one licensee is better than another when superiority cannot be substantiated.
- (2) Misleading use of an unearned or non-health degree.
- (3) Misrepresentation of a licensee's credentials, training, experience, or ability.
- (4) Promotion of professional services which the licensee knows or should know are beyond the licensee's ability to perform.
- (5) Use of any personal testimonial attesting to a quality of competency that is not reasonably verifiable.
- (6) Utilization of any statistical data or other information based on past performances for prediction of future services, which creates an unjustified expectation about results that the licensee can achieve.
- (7) Communication of personal identifiable facts, data, or information about a nursing home resident without first obtaining the resident’s consent, unless otherwise permitted or required by state or federal law or regulation.
Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-145, 63-16-103, and 63-16-108. Administrative History: Original rule certified June 7, 1974. Repealed by Public Chapter 969; effective July 1, 1984. New rule filed July 27, 2006; effective October 10, 2006.