Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B2 - Board of Chiropractic Medicine › Chapter 64B2-15 - ADVERTISING, SOLICITATION › Section 64B2-15.001 - Deceptive and Misleading Advertising Prohibited; Policy; Definition

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the policy of the Board that
				advertising by licensed practitioners of the profession of chiropractic in this
				State should be regulated so as to effectuate the duty of the State of Florida
				to protect the health, safety and welfare of its residents, while not abridging
				any rights guaranteed to such practitioners or to the public by the
				Constitution of the United States and the State of Florida, as construed by the
				United States Supreme Court and the Florida Supreme Court. To that end, the
				Board permits the dissemination to the public of legitimate information, in
				accordance with the Board's rules, regarding the art and science of
				Chiropractic and where and from whom chiropractic services may be obtained, so
				long as such information is in no way fraudulent, false, deceptive, or
				misleading.
(2) No chiropractor
				shall disseminate or cause the dissemination of any advertisement or
				advertising which is in any way fraudulent, false, deceptive or misleading. 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) Is misleading or deceptive because in its
				content or in the context in which it is presented it makes only partial
				disclosure of relevant facts. More specifically, the Board finds that it is
				misleading and deceptive for a chiropractor to advertise free services (i.e.,
				x-rays, examination, etc.) or services for a specific charge when in fact the
				chiropractor is transmitting a higher charge for the advertised service to a
				third party payor for payment. The Board finds it misleading and deceptive to
				fail to include the fact that x-rays and/or video fluoroscopy will only be
				given if medically necessary in an advertisement for free x-rays and/or video
				fluoroscopy. For the purpose of this rule, a verbal announcement or a minimum
				of 15 second exposure of the disclaimer clause required by Section
				456.062, F.S., is required for
				free services advertised on radio or television. The Board also finds that it
				is misleading and deceptive for a chiropractor or a group of chiropractors to
				advertise a chiropractic referral service or bureau unless the advertisement
				specifically names each of the individual chiropractors who are participating
				in the referral service or bureau. Referral services that operate on a national
				or statewide basis, and that have at least 50 participating members, do not
				have to specifically name each individual chiropractor participating in the
				service on their advertisements. Any advertisement generated by or on behalf of
				a chiropractor must disclose that it is generated by or on behalf of a
				chiropractor by including a reference to the chiropractor by name and
				degree.
(c) Creates false, or
				unjustified expectations of beneficial treatment or successful cures,
				or
(d) Contains representations
				relating to the quality of the Chiropractic services offered, or
(e) Conveys the impression that the
				chiropractor or chiropractors, disseminating the advertising or referred to
				therein, possess qualifications, skills, or other attributes which are superior
				to other chiropractors, other than a simple listing of earned professional
				post-doctoral or other professional achievements. However, a chiropractor is
				not prohibited from advertising that he has attained Diplomate status in a
				chiropractic specialty area recognized by the Board of Chiropractic.
1. Chiropractic Specialities recognized by
				the Board are those recognized by the various Councils of the American
				Chiropractic Association, the International Chiropractic Association,
				International Academy of Clinical Neurology, or the International Chiropractic
				Pediatric Association. Each specialty requires a minimum of 300 hours of
				post-graduate credit hours and passage of a written and oral examination
				approved by the American Chiropractic Association, International Chiropractic
				Association, International Academy of Clinical Neurology, or the International
				Chiropractic Pediatric Association. Titles used for the respective specialty
				status are governed by the definitions articulated by the respective
				councils.
2. A Diplomate of the
				National Board of Chiropractic Examiners is not recognized by the Board as a
				chiropractic specialty status for the purpose of this rule.
3. A chiropractor who advertises that he or
				she has attained recognition as a specialist in any specific chiropractic or
				adjunctive procedure by virtue of a certification received from an entity not
				recognized under this rule may use a reference to such specialty recognition
				only if the board, agency, or other body which issued the additional
				certification is identified, and 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 Chiropractic
				Medicine."
4. A chiropractor may
				use on letterhead or in advertising a reference to an honorary title or degree
				only if the letterhead or advertising also contains in the same print size or
				volume the statement "Honorary" or (Hon.) next to the
				title.
(f) Fails to
				conspicuously identify the chiropractor or chiropractors referred to in the
				advertising as a chiropractor or chiropractors, or
(g) Contains any representations or claims,
				as to which the chiropractor, referred to in the advertising, fails to perform,
				or
(h) Contains any representation
				which identifies the chiropractic practice being advertised by a name which
				does not include the terms "chiropractor, " "chiropractic, " or some easily
				recognizable derivative thereof, or
(i) Contains any representation regarding a
				preferred area of practice or an area of practice in which the practitioner in
				fact specializes, which represents or implies that such specialized or
				preferred area of practice requires, or that the practitioner has received any
				license or recognition by the State of Florida or its authorized agents, which
				is superior to the license and recognition granted to any chiropractor who
				successfully meets the licensing requirements of Chapter 460, F.S. However, a
				chiropractor is not prohibited from advertising that he has attained Diplomate
				status in a specialty area recognized by the Board, or
(j) 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 chiropractor,
				or
(k) Contains any other
				representation, statement or claim which is misleading or deceptive,
				or
(l) Contains a reference to any
				other degree or uses the initials "M.D." or "D.O." or any other initials unless
				the chiropractic physician has actually received such a degree and is a
				licensed holder of such degree in the State of Florida. If the chiropractic
				physician licensee is not licensed to practice in any other health care
				profession in Florida, the chiropractic physician must disclose this fact, and
				the letterhead, business card, or other advertisement shall also include next
				to the reference or initials a statement such as "Not licensed as a medical
				doctor in the State of Florida" or "Licensed to practice chiropractic medicine
				only" in the same print size or volume.
(m) Contains a reference that the
				chiropractic physician is licensed to practice acupuncture, unless the
				chiropractic physician is licensed under the provisions of Chapter 457, F.S.
				Any chiropractic physician certified to practice acupuncture pursuant to
				Section 460.403, F.S., and Rules
				64B2-11.012,
				64B2-11.013, and
				64B2-17.003, F.A.C., and using
				the term "acupuncture" in the letterhead, business card, or other
				advertisement, must state that the practitioner is "certified" to practice
				acupuncture and identify that the practitioner is a chiropractor in the same
				print size or volume.