Regulatory Changes | Page 10

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Soliciting Advertising and Soliciting - continued A number of provisions relating to advertising and soliciting have been revoked, and a new section of advertising has been introduced.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 Sections 17 (1) (42) and (43) have been revoked.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.