Chapter 100-4 ADVERTISING
| (1) |
Defined.
Advertising shall mean any information communicated in a manner designed to
attract public attention to the practice of the licensee or the chiropractic
profession. Advertising shall include but not be limited to any communication
which is published, displayed, printed, broadcast, or spoken including the use
of newspapers and other publications, telephone directories, pamphlets,
handouts, billboards, window displays, radio, television, telephone, computer,
internet, fax or other telecommunication device or any other means or
medium. |
| (2) |
A licensee shall not
make any false, misleading, or deceptive communication in any form of
advertising nor shall the licensee utilize any form of advertising which has
the capacity or tendency to deceive, mislead, or confuse the recipient in any
manner including but not limited to the following:
| (a) |
Advertising which contains a
misrepresentation of any fact or facts including advertising which has the
capacity or tendency to mislead, deceive , or confuse any potential recipient
either through false or misleading claims or by failing to disclose relevant or
material facts; |
| (b) |
Advertising
which conveys the impression of professional superiority or other superior
attributes that cannot be substantiated. Licensees may not advertise that they
have certifications or have attained diplomate status without having been
conferred the title of diplomate or having received certifications by one or
more of the groups found in board rule
100-4-.02. |
| (c) |
Advertising that has the capacity or
tendency to create false or unjustified expectations of beneficial treatment or
successful cures; |
| (d) |
Advertising
that contains any guarantee of the results of any services; |
| (e) |
Advertising of services that the licensee
is not licensed to perform in this state; |
| (f) |
Advertising, including that place in a
classified or telephone directory, under a heading which may foster confusion
about the professional status of the chiropractor or under a professional
heading in which the chiropractor is not licensed; |
| (g) |
Advertising a transaction that is in
itself illegal; |
|
| (3) |
Chiropractors licensed under this chapter may only use the terms chiropractor,
chiropractors, doctors(s) of chiropractic, and/or D.C. The use of the term
Chiropractic Physicians is not authorized. |
| (4) |
Licensees may advertise that they will
perform designated chiropractic services free or at a discount if, in fact, no
compensation in any form for such services will be requested from the patient,
their insurer, or any third party subject to the following provisions:
| (i) |
A detailed account of the advertised
services being offered free or at a discount must be presented in writing to,
and signed by, the patient, clearly explaining that ANY FURTHER TREATMENT
WILL BE PROVIDED AT RATES REGULARLY CHARGED BY THIS OFFICE. A copy of
this document must be given to the patient and the original must be maintained
in the patient record in keeping with Rule
100-10-.01(h)(i) which requires that such records be retained for not less than seven (7) years
from the date of service. |
| (ii) |
If a
charge is made for any service rendered on the same day that an advertised free
or discounted service is rendered, a detail account of those services offered
for a fee must be provided in writing to, and signed by the patient, clearly
explaining that these treatments are not a part of any offer of free or
discounted services. A copy of this document must be given to the patient and
the original must be maintained in the patient record in keeping with Rule
100-10-.01(h)(i) which requires that such records be retained for not less than seven (7) years
from the date of services. |
| (iii) |
For the purpose of this Section, no separate charge shall be made for the
professional evaluation of diagnostic tests or procedures which are provided
without cost or at a discount whether such professional evaluation is made at
the time of the initial office visit or at a later date. |
|
| (5) |
Nothing is this Section shall be so
interpreted as to interfere with or prohibit fee discounts or offers of
discounted fees in connection with any managed care plan, group plan, Medicare,
or similar entity. |
A licensee may advertise the licensee's membership in any
organization related to the practice of chiropractic, if the licensee's
representations are not false, misleading, deceptive, or confusing; provided,
however, that licensees may not advertise that they have certifications or have
attained diplomate status without having been conferred the title of diplomate
or having received certifications and having active diplomate and/or
certifications.
