.01 Advertising Standards.

A. An electrologist shall include one of the following qualifications in an advertisement:

(1) Licensed electrologist;

(2) Licensed electrology instructor; or

(3) Licensed by the Board of Nursing — Electrology Practice Committee.

B. An electrologist shall include in any advertising the name and address of at least one licensed electrologist or licensed electrology instructor practicing at the location advertised.

C. An electrologist may not, on behalf of the electrologist, a partner, an associate, or electrology affiliate, use or participate in the use of any form of public communication which contains a deceptive or misleading statement or claim. A deceptive or misleading statement or claim is one that:

(1) States or implies:

(a) That the electrologist is a certified or recognized specialist other than as licensed by the Board, unless the statement is true;

(b) That the electrologist has superior education or credentials that are different than any other licensed electrologist or licensed electrologist instructor, if they are not;

(c) An unwarranted claim of superior service;

(d) A material misrepresentation of fact or presentation of fact that is likely to cause an ordinary prudent individual to misunderstand or to be deceived; or

(e) An unreasonable claim likely to create unjustified expectations; or

(2) Fails to include any fact necessary to make a statement not misleading.

D. An electrologist may not use electronic media, including telephone, radio, internet, and motion pictures, in a manner that is unreasonable, misleading, or fraudulent.