Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B15 - Board of Osteopathic Medicine › Chapter 64B15-14 - PRACTICE REQUIREMENTS › Section 64B15-14.001 - Advertisings

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 osteopathic medicine and where and from whom
				osteopathic 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)
				Appeals primarily to a layperson's fears, ignorance, or anxieties regarding his
				state of well-being, or
(e)
				Contains any representation or claims as to which the osteopathic physician
				referred to in the advertising does not expect to perform, or
(f) Contains any representation, statement,
				or claim which misleads or deceives, or
(g) States or implies that the osteopathic
				physician is a specialist in any aspect of the practice of osteopathic medicine
				unless he has in fact completed post-doctoral training in the recognized
				specialty field including internship, residency, fellowship, or alternate
				training requirements, accredited by either the AOA or the ACGME for the number
				of years contemplated for completion of the specialty program. However, a
				physician may indicate the services offered and may state that the practice is
				limited to one or more types of services when this is, in fact, the case,
				or
(h) States or implies that an
				osteopathic physician has been certified as a specialist in any aspect of the
				practice of osteopathic medicine unless he or she has in fact received such
				certification, meets the training requirements of paragraph
				 64B15-14.001(2)(g),
				F.A.C., includes the name of the certifying agency in any statement or
				advertisement claiming certification. For purposes of this rule, the Board
				approves the specialty boards of the American Board of Medical Specialties
				(ABMS), the American Osteopathic Association (AOA), and such other recognizing
				agencies as may request and receive future approval by the Board based upon 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 of its
				members, and an internal review and control process, including budgetary
				practices, to ensure effective utilization of resources.
4. The organization shall be national in
				scope, one of whose central purposes is credentialing of Physicians. An
				umbrella organization composed of more than one academy and board shall also
				have formal procedures for recognition and discipline of academies and
				boards.
5. With regards to
				certification, the organization shall be able to demonstrate the existence of
				appropriate procedures to ensure, with regard to any examination given after
				the effective date of this rule, that:
a. Such
				examination is of sufficient breadth and scope as to cover the specialty field,
b. The exams and answers thereto
				are adequately secured,
c. A
				standard grading system with pass/fail standards has been established in
				advance of testing,
d. The
				proctoring of all examinations shall be done by independent proctors, i.e., 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,
e. 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/or documentation of continuing medical
				education hours as well as continued practice in the field of
				certification.
(i)
				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
(j) Conveys the impression that the
				osteopathic physician disseminating the advertising or referred to therein
				possesses qualifications, skills or other attributes, which are superior to
				other osteopathic physicians, other than a simple listing of earned
				professional, post-doctoral or other professional achievements recognized by
				the Board, or
(k) Fails to
				conspicuously identify the osteopathic physician by name in the advertisement
				or fails to conspicuously identify the osteopathic physician referred to in the
				advertising as an osteopathic physician.