21 NCAC 30 .0628             ETHICAL REQUIREMENTS IN ADVERTISING

The following requirements pertain to all advertising and promotional activities conducted by, or on behalf of the school, including such media utilized as print, broadcast, verbal presentations, electronic, internet, videotape, or audiotape:

(1)           educational programs and services offered shall be the primary emphasis of all advertisements, publications, promotional literature, and recruitment activities, whether distributed to prospective students or the general public;

(2)           all statements and representations made shall be accurate and current. Supporting information shall be kept on file and available for review for three years. All advertising and promotional materials shall include the correct name and location of the school;

(3)           a school shall not falsely represent its facilities in photographs, illustrations, or through other means;

(4)           the school catalog or bulletin shall contain all information required in Rule .0630 of this Section;

(5)           all advertising and promotional activities shall indicate that massage and bodywork training and not employment is being offered. No overt or implied claim of individual employment shall be made. No false or deceptive statements regarding employment opportunities or earning potential in the field of massage and bodywork as a result of the completion of the course of study shall be used to solicit students;

(6)           letters of endorsement, commendation, or recommendation in favor of a school shall be used for advertising or promotion only with the written consent of the author without any offer of financial compensation, and only when such letters portray current conditions or facts. Letters shall contain the date they were received, shall be kept on file as required by Item (2) of this Rule, and be subject to inspection;

(7)           programs that use placement information in advertisements, catalogs, or other printed documentation shall corroborate the data;

(8)           school literature and advertisements shall not quote "high top" or "up to" salaries unless they also indicate the normal range or starting salaries for graduates;

(9)           schools offering programs that are not approved by the Board shall identify which programs are Board approved;

(10)         schools shall describe requirements for State licensure; and

(11)         schools shall not defame competitors by falsely imputing to them dishonorable conduct, inability to perform on contracts, or by the false disparagement of the character, nature, quality, values, or scope of their educational services, or in any other defamatory respect.

History Note:        Authority G.S. 90-626(9); 90-631;

Eff. October 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014;

Amended Eff. April 1, 2017.