§ 5.73. Advertisements.
(a) Advertisements shall be reviewed by the Department and approved prior to publication. Failure of the Department to respond within 10 days after receipt of a submission shall constitute an approval. Advertising is permissible in official media if it is of an ethical nature and does not contain misleading statements or claims of unusual superiority. Personal solicitation by an owner or his agent shall be considered as advertising within the meaning of this section. No laboratory may advertise services which are not performed on its own premises. Advertising to the general public is not permitted.
(b) A laboratory requesting a permit shall submit with its application copies of all advertising, telephone listings, letterheads, cards and the like.
(c) Laboratories presently operating under permit shall also submit copies of the advertising, telephone listing and the like to the Department prior to publication.
(d) Signs of a descriptive character designed to identify the laboratory premises or access thereto are permissible except when their content, size or location is unethical or when they constitute a form of advertising of clinical laboratory procedures to the lay public.
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