Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-11 - ADVERTISING › Section 64B8-11.001 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board permits the dissemination to
				the public of legitimate information, in accordance with the Board's rules,
				regarding the practice of medicine and where and from whom medical services may
				be obtained, so long as such information is in no way false, deceptive, or
				misleading.
(2) No physician shall
				disseminate or cause the dissemination of any advertisement or advertising
				which is in any way false, deceptive, or misleading. Any advertisement or
				advertising shall be deemed by the Board to be 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)
				Contains any representation or claims, as to which the physician, referred to
				in the advertising, does not expect to perform, or
(e) Contains any other representation,
				statement, or claim which misleads or deceives, or
(f) States or implies that the physician has
				received formal recognition as a specialist in any aspect of the practice of
				medicine unless the physician has in fact received such recognition and such
				recognizing agency is approved by the Board. However, a physician may use on
				letterhead or in advertising a reference to the physician's specialty
				recognition received from a recognizing agency that has not been approved by
				the Board only if the letterhead or advertising also contains in the same print
				size or volume the statement that "The specialty recognition identified herein
				has been received from a private organization not affiliated with or recognized
				by the Florida Board of Medicine." For purposes of this rule, the Board
				approves the specialty boards of the American Board of Medical Specialties
				(ABMS) as recognizing agencies, and such other recognizing agencies as may
				request and receive future approval by the Board based upon the following
				criteria:
1. The recognizing agency must be an
				independent body that certifies members as having advanced qualifications in a
				particular allopathic medical specialty through peer-reviewed demonstrations of
				competence in the specialty being recognized.
2. Specialty recognition must require
				completion of an allopathic medical residency program approved by either the
				Accreditation Council of Graduate Medical Education (ACGME) or the Royal
				College of Physicians and Surgeons of Canada that includes substantial and
				identifiable training in the allopathic specialty being recognized.
3. Specialty recognition must require
				successful completion of a comprehensive examination administered by the
				recognizing agency pursuant to written procedures that ensure adequate security
				and appropriate grading standards.
4. The recognizing agency must have been
				determined by the Internal Revenue Service of the United States to be a
				legitimate not for profit entity pursuant to Section
				501(c) of the
				Internal Revenue Code.
5. The
				recognizing agency must have full time administrative staff, housed in
				dedicated office space which is appropriate for the agency's program and
				sufficient for responding to consumer or regulatory inquiries.
6. The recognizing agency must have written
				by-laws, and a code of ethics to guide the practice of its members and an
				internal review and control process including budgetary practices, to ensure
				effective utilization of resources. However, a physician may indicate the
				services offered and may state that practice is limited to one or more types of
				services when this is in fact the case, or
(g) Represents that professional services can
				or will be competently 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
(h) Conveys the impression that
				the physician disseminating the advertising or referred to therein possesses
				qualifications, skills, or other attributes, which are superior to other
				physicians, other than a simple listing of earned professional post-doctoral or
				other professional achievements recognized by the Board, or
(i) Fails to conspicuously identify the
				physician by name in the advertisement, or
(j) Includes reference to specialty
				certification without identifying the name of the specialty board that has
				awarded specialty certification, or
(k) Implies specialty or sub-specialty for
				which the physician has not received specialty recognition.