20:41:10:02.01Solicitation.

It is unprofessional conduct for a licensee or the agent of a licensee to solicit any person who is vulnerable to undue influence. For example, without limitation, any person known by the licensee to have recently been involved in a motor vehicle accident, involved in a work-related accident, or injured by, or as the result of the actions of, another person is considered to be vulnerable to undue influence. An agent is a person who renders service to a licensee on a contract basis and is not an employee of the licensee. To solicit is the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence.

Source: 33 SDR 66, effective October 23, 2006.