N.J. Admin. Code § 13:33-7.1 - Advertising
(a) An
ophthalmic dispenser or ophthalmic technician may advertise provided that the
advertisement does not mislead or deceive the public or discredit others in the
eye care field.
(b) Any
advertisement, placed on or in newspapers, magazines, radio, television,
flyers, on-premise signs, off-premise signs and the Internet, which contains
the price of corrective lenses, frames, complete corrective eyeglasses or the
dispensing of contact lenses shall, for each stated price:
1. Specify the type of lenses being offered,
such as single vision, bifocal, trifocal, or progressive; whether they have
tints or colorations; whether they are standard size or oversize; and of what
material the lenses are made; and
2. Specify the type of frame and the material
from which it is made; and whether the frame advertised has been discontinued
by the manufacturer.
(c)
Where delivery time is advertised, any restrictions imposed upon such delivery
shall be in a minimum of 10 point type and shall be placed adjacent to the
indicated delivery time.
(d) Where
warranties and guarantees are advertised, all exceptions to such warranty or
guarantee shall be listed.
(e)
Anyone who advertises the price of lenses, frames, complete corrective
eyeglasses or dispensing of contact lenses shall answer telephone inquiries on
the availability and the prices of the advertised ophthalmic items.
(f) Licensees may advertise eye examinations
provided they state that the examination is performed by an independent doctor
of optometry or ophthalmologist.
(g) All advertisements shall include, for at
least one ophthalmic dispenser working at the business:
1. The ophthalmic dispenser's first name, or
first initial of the first name, and full last name;
2. The ophthalmic dispenser's business
address and telephone number; and
3. The terms "N.J. License #" followed by the
ophthalmic dispenser's license number.
Notes
See: 39 N.J.R. 2197(a), 40 N.J.R. 1672(a).
Rewrote (g).
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