Advertising and Soliciting
Advertising and Soliciting - continued
A number of provisions relating to advertising and soliciting have been revoked, and a new section of
advertising has been introduced. The amendments mean that the general advertising expectations
will remain consistent with the College position on advertising as of 2012. Soliciting will now be
managed through the professional misconduct portion of the regulation, specifically behavior
unbecoming a professional or professional misrepresentation. The prohibitions against steering
remain unchanged.
Previous Version
Amended Version
Section 17(1)(42) stated that engaging in or permitting
the publication, broadcast, display, distribution or
use of, a testimonial or endorsement constituted
professional misconduct. Section 17 (43) stated that
touting or, except as permitted by the Regulation,
soliciting professional business constituted professional
misconduct.
Part II of the Regulation (which includes sections 17 to
22) has been renamed from “Practice Standards” to
“Professional Misconduct.”
Sections 17 (1) (42) and (43) have been revoked.
Section 36 stated that a member may communicate
factual, accurate and verifiable information that a
reasonable person would consider relevant in the
choice of a veterinarian, including the availability of
ancillary services, that:
(a) is not false, misleading or deceptive by the inclusion
or omission of any information;
(b) is readily comprehensible, dignified and in good
taste;
(c) contains no testimonial or comparative statements;
(d) contains no information in respect of a fee or price;
and
(e) contains no reference to a specific drug, appliance
or equipment.
(2) Despite clause (1) (d), a member may display or
distribute within the veterinary facility where he or
she practises a fee schedule stating the fee for some
or all professional services or ancillary services or an
explanation of the basis for the calculation of such fees,
or both.
(3) The location and size of a displayed fee schedule
permitted by subsection (2) shall be such that it cannot
be read by a person outside the veterinary facility.
(4) No information shall be communicated using a
medium that is not equally accessible to all interested
members to use.
The previous version of section 36 is revoked.
The new version of section 36 provides that a member
may advertise the professional services he or she
provides, and any ancillary services, if the information in
the advertisement:
(a) is factual, verifiable, accurate and comprehensible;
(b) is not false, misleading or deceptive;
(c) contains no testimonials;
(d) contains no comparisons to, or claims of superiority
over, another member’s practice or expertise;
(e) contains no endorsement or promotion of specific
products, brands of products, brand-name drugs or
third-party service providers; and
(f) could not reasonably be regarded by members
as likely to demean the integrity or dignity of the
profession or to bring the profession into disrepute.
Previous Version - continued
Amended Version
Section 37 (1) stated that a member shall not cause or
permit, directly or indirectly, his or her name to appear in
any communication offering to the public any product or
service other than the member’s professional services and
ancillary services.
Section 37(2) stated that a member shall not be associated
with the advertising or promotion of any product or service
other than the member’s professional services and ancillary
services.
Section 37 (3) provided that, despite subsections (1) and
(2), a member may be associated with the advertising of a
product or service and permit his or her name to appear in a
communication offering to the public
a product or service in a printed publication intended to be
read principally by veterinarians.
The previous version of section 37 is revoked.
Soliciting
Section 39 prohibited members from contacting or
communicate with, or attempting to contact or communicate
with, any person in order to solicit patronage of professional
services or ancillary services.
Section 40 (1) stated that, despite section 39, a member
may:
(a) send written communications, consistent with subsection
36 (1), generally to persons not known to need professional
services or ancillary services but who might in general find
the availability of such services useful; and
(b) communicate with his or her regular clients regarding
any matter relating to the member’s professional or ancillary
services.
(2) For the purposes of subsection (1),
(a) a person is a regular client of a member if,
(i) the person uses t he professional services of the member
regularly and with reasonable frequency, and
(ii) the person has not requested the transfer of the records
for the person’s animal to another member; and
(b) a person who uses the professional services of a member
who is in the employment of another member shall be
deemed to be a client only of the employer member.
(3) A communication authorized by clause (1) (a) shall be
clearly and prominently marked “advertisement” on each
page.
The previous versions of 39 and 40 are revoked
entirely.
Soliciting will now be managed through the
professional misconduct portion of the regulation,
specifically behavior unbecoming a professional or
professional misrepresentation.