1. (a) A registrant shall not use advertising that is false, misleading, or deceptive or advertising that is not readily subject to verification.

2. (b) False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes advertising that:

   1. (1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;
   2. (2) makes a customer/client likely to create an unjustified expectation about the results of a service or procedure;
   3. (3) compares a professional's service with another professional's services unless the comparison can be factually substantiated;
   4. (4) causes confusion or misunderstanding as to the credentials, education, or registration of a professional; or
   5. (5) advertises or represents in the use of a professional name, a title, or professional identification that is expressly or commonly reserved to or used by another profession or professional.

3. (c) A registrant shall make a reasonable attempt to notify each client of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department by providing notification:

   1. (1) on each written contract for services of a registrant; or
   2. (2) on a sign prominently displayed in the primary place of business of each registrant; or
   3. (3) in a bill for services provided by a registrant to a client or third party.

Source Note:The provisions of this §265.158 adopted to be effective March 26, 2000, 25 TexReg 2345; amended to be effective August 28, 2003, 28 TexReg 6870.