1. (a) A licensee, or a licensee's employee, agent, or partner may not use or authorize the use of any public communication or advertising containing a false, misleading, deceptive, or fraudulent claim, or indicating the licensee provides services outside the scope of practice.

2. (b) In any public communication or advertising, if a licensee makes a claim based on a research study, the licensee shall:

   1. (1) clearly identify the research study; and
   2. (2) provide the source of the research study to the Board or the public upon request.
3. (c) In any public communication or advertising, a licensee may not state any service is free unless the communication or advertising clearly states all component services which are included.
4. (d) A licensee shall be responsible for any agent, employee, or partner acting on the licensee's behalf who violates this section.
5. (e) An individual violating this section is subject to disciplinary action.

Source Note:The provisions of this §77.1 adopted to be effective December 9, 2021, 46 TexReg 8252.