Advertising and solicitation
||No HME services
provider shall advertise or solicit for patronage in connection with the
licensee or registrant's business if any communication contained therein is
false, fraudulent, deceptive, or misleading.
||Excluding a free
consultation, any advertisement or solicitation which offers HME services on a
gratuitous basis shall include a disclaimer. If the advertisement is visual,
the disclaimer shall be contained therein. If the advertisement is audio-based,
the disclaimer shall be read. A written copy of the disclaimer shall be
provided to every patient who responds to an offer, prior to the rendering of
||The disclaimer shall clearly and conspicuously state
||Any exclusions, prohibitions, restrictions,
limitations, conditions, or eligibility requirements which apply to the offer;
||Any additional services, which are associated with the
offer, that are rendered on the same day but are not provided free of
advertisements and solicitations shall include therein the name of the licensee
or registration holder pursuant to Chapter 4752. of the Revised Code who has
reviewed and approved the content of the advertisement or
||Any trade or fictitious names utilized in connection
with HME services or sales shall be duly registered with the Ohio secretary of
||Each of the following shall constitute an abusive
telemarketing act and shall be considered a violation of this rule:
||Use of threats,
intimidation, or profane or obscene language.
||Calling a person
repeatedly or continuously with intent to annoy, abuse or harass any person at
the number called.
||Calling a person when that person has previously stated
that they do not wish to receive an outbound telephone call made by or on
behalf of the seller whose goods or services are being offered or a person who
is listed on federal government's national do not call registry. Every seller
of goods or services shall maintain a "do not call" list.
person's residence at any time other than between eight a.m. and eight p.m.
local time at the person's location.
immediate response from the prospect to any offer made during the
||Failure to disclose within the first sixty seconds of
the telephone call the solicitors identity and the practice on whose behalf the
solicitation is being made; the purpose of the telephone call; a statement of
the goods or services being sold; and that no purchase or payment is necessary
to participate in a promotion if a promotion is offered.
are prohibited from misrepresenting their affiliation with, or endorsement by,
any government or third-party organization.
with prospective patients in a way that invades privacy of the prospect, or
interferes with an existing prescriber/patient relationship.
licensee or registrant may utilize testimonials in advertising if the patient
giving the testimonial has given written consent as to the exact wording and
proposed use of the testimonial. A copy of such consent and testimonial shall
be retained by the HME service provider for two years from the last date of
publication. Testimonials shall be true and shall not be false, fraudulent,
deceptive or misleading.
||A HME services provider may not utilize signs which
include any false, fraudulent, deceptive or misleading information.
Replaces: 4761:1-15-01, 4761:1-15-02
Cite as Ohio Admin. Code 4729:11-3-05
Five Year Review (FYR) Dates:
Prior Effective Dates: