Section 852IAC1-12-6. Advertising

   (a) An optometrist shall not, on behalf of himself, a partner, associate, shareholder in a professional corporation, or any other practitioner or specific health care provider affiliated with the optometrist, use, or participate in the use of, any form of public communication containing a false, fraudulent, materially misleading, deceptive statement or claim.

  (b) In order to facilitate the process of informed selection of an optometrist by the public, an optometrist may advertise services through the public media including, but not limited to, a telephone directory, optometrists' directory, newspaper or other periodical, radio or television, or through a written communication not involving personal contact.

  (c) If the advertisement is communicated to the public by radio, cable, or television, it shall be prerecorded, approved for broadcast by the optometrist, and a recording and transcript of the actual transmission shall be retained by the optometrist for a period of three (3) years from the last date of broadcast.

  (d) If the optometrist advertises a fee for ophthalmic material, service, treatment, consultation, examination, or other procedure, the optometrist must provide that ophthalmic material, service, or procedure for no more than the fee advertised.

  (e) Unless otherwise conspicuously specified in the advertisement, an optometrist who publishes or communicates fee information in a publication that is published more than one (1) time per month shall be bound by any representation made therein for a period of thirty (30) days after the publication date. An optometrist who publishes or communicates fee information in a publication that is published once a month or less frequently shall be bound by any representation made therein until the publication of the succeeding issue unless a shorter time is conspicuously specified in the advertisement. An optometrist who publishes or communicates fee information in a publication which has no fixed date for publication for a succeeding issue shall be bound by any representation made therein for one (1) year, unless a shorter period of time is conspicuously specified in the advertisement.

  (f) Unless otherwise specified in the advertisement, an optometrist who broadcasts fee information by radio, cable or television shall be bound by any representation made therein for a period of ninety (90) days after such broadcast.

  (g) An optometrist who places an advertisement using a corporation name or tradename is required to identify the location or locations at which the optometric service will be provided. The name of the optometrist who will provide the optometric services must be identified at that location. (Indiana Optometry Board; 852 IAC 1-12-6; filed May 11, 1987, 9:00 am: 10 IR 1878; readopted filed Jul 10, 2001, 3:00 p.m.: 24 IR 4238; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-852070059RFA; readopted filed Nov 25, 2013, 9:21 a.m.: 20131225-IR-852130281RFA)