Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.002 - Fraudulent, False, Deceptive, or Misleading Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) "Advertisement" or "advertising" shall
				mean any written or oral statements to or before the public with the intent of
				furthering the purpose, either directly or indirectly, of selling professional
				services, or offering to perform professional services, or inducing members of
				the public to enter into any obligation relating to such professional
				services.
(2) Any advertisement or
				advertising shall be deemed by the Board to be fraudulent, false, deceptive, or
				misleading if it:
(a) Contains a
				misrepresentation of facts, or
(b)
				Makes only a partial disclosure of relevant facts, or
(c) Creates false or unjustified expectations
				of beneficial assistance, or
(d)
				Represents that professional services can or will be completely performed for a
				stated fee when this is not the case, or makes representations with respect to
				fees for professional services that do not disclose all variables affecting the
				fees that will in fact be charged, or
(e) Appears in any classified directory,
				listing, or compendium under a heading, which when considered together with the
				advertisement, has the capacity or tendency to be deceptive or misleading with
				respect to the profession or professional status of the licensee, or
(f) Contains any representation of a special
				area of practice by the licensee which implies that the licensee requires a
				superior license or formal recognition by the Board to that granted other
				dietitian/nutritionists or nutrition counselors who meet the licensing
				requirements of the Dietetics and Nutrition Practice Act, or
(g) States or implies the licensee is a
				specialist in any aspect of dietetics/nutrition practice or nutrition
				counseling unless the person has completed post-baccalaureate training in the
				recognized speciality field including internship, fellowship or alternative
				training requirements. The licensee may indicate the services offered and may
				state that the practice is limited to one or more types of services when this
				is the case, or
(h) States or
				implies that the licensee has been certified as a specialist in any aspect of
				the practice of nutrition unless he or she has received such certification,
				meets the training requirements, includes the name of the certifying agency in
				any statement or advertisement claiming certification, and the certifying
				agency meets the following criteria:
1. The
				organization has been granted Section 501(c) status under the Internal Revenue
				Code.
2. The organization shall
				have full time administrative staff, housed in dedicated office space which is
				appropriate for the organization's program.
3. The organization shall have bylaws, a code
				of ethics to guide the practice to its members, an internal review and control
				process, including budgetary practices and quality assurance management to
				ensure effective education, training or testing standards.
4. The organization shall be national in
				scope with a central purpose being protecting the health and safety of the
				public.
5. The certifying
				organization shall be able to demonstrate adequate procedures to ensure that
				its examination is of sufficient breadth and scope to cover the speciality
				field; that the exams and answers are adequately secured; that prior to testing
				it established a standard grading system with pass/fail standards of acceptable
				psychometric validity and reliability; that exam proctoring shall be done by
				independent proctors, at a minimum, members of the certification board not
				related to, in practice or association with, or having a financial interest in
				the applicant being tested; and that the grant or denial of certification is
				based on objective performance, skill, knowledge and merit of the
				candidate.
6. The organization has
				an interest in the continuing proficiency of its members by requiring periodic
				recertification and documentation of continuing professional education hours as
				well as continued practice in the field of certification. These speciality
				fields include the American Diabetic Association Certified Diabetic Educators,
				persons certified by the American Society of Parenteral and Enteral Nutrition;
				and a fellow of the American Society of Clinical Nutrition.
(i) Makes false, unproven, or misleading
				claims about the validity, safety, or effectiveness of any dietetic or
				nutrition related service, product or test, or
(j) Fails to conspicuously identify the
				licensee by name in the advertisement, or
(k) Contains any other representation,
				statement, or claim which misleads or deceives.