New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 4 - CHIROPRACTIC PRACTITIONERS › Part 20 - ADVERTISING › Section 16.4.20.9 - CERTAIN ADVERTISING PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any chiropractor who disseminates or
				causes to be disseminated or allows to be disseminated any advertising which is
				in any way fraudulent, false, deceptive, misleading or confusing, shall be
				deemed to be in violation of the Chiropractic Physician Practice Act.
B. Fraudulent, false, deceptive, misleading
				or confusing advertising includes, but is not limited, to:
(1) advertising which contains a
				misrepresentation of any fact or facts;
(2) advertising which, because of its
				contents or the context in which it is presented, fails to disclose relevant or
				material facts or makes only partial disclosure of relevant or material
				facts;
(3) advertising which makes
				claims of, or conveys the impression of superior professional qualifications
				which cannot be substantiated by the chiropractor;
(4) advertising which contains distorted
				claims or statements about any individual chiropractor, chiropractic group or
				chiropractic office, clinic or center;
(5) advertising which creates unjustified
				expectations of beneficial treatment or successful cures;
(6) advertising which guarantees the results
				of any service, painless treatment, or which promises to perform any procedure
				painlessly;
(7) advertising which
				in any way appeals to fears, ignorance or anxieties regarding a persons state
				of health or physical or mental well-being;
(8) advertising which in any way intimidates
				or exerts undue pressure on the recipient;
(9) advertising which fails to conspicuously
				identify the chiropractor or chiropractors referred to in the advertising as
				practitioners of chiropractic by use of the term "chiropractor",
				"chiropractors", "chiropractic", "chiropractic physician", "chiropractic
				physicians", "doctor of chiropractic", or "doctors of chiropractic";
(10) advertising which fails to be
				conspicuously identified as "chiropractic" advertising;
(11) advertising which fails to conspicuously
				identify the chiropractic practice, office, clinic or center being advertised
				by a name which includes the term "chiropractor", "chiropractors",
				"chiropractic", "chiropractic physician", "chiropractic physicians", "doctor of
				chiropractic" or "doctors of chiropractic";
(12) advertising which invades the field of
				practice of other licensed healthcare practitioners when the chiropractor is
				not allowed by rule or license to practice such profession;
(13) advertising which appears in a
				classified directory or listing, or otherwise under a heading which, when
				considered alone or together with the advertisement, does not accurately convey
				the professional status of the chiropractor or the professional services being
				advertised;
(14) advertising which
				concerns a transaction that is in itself illegal;
(15) advertising which employs testimonials
				which, by themselves or when taken together with the remainder of the
				advertisement intimidate, exert undue pressure on, or otherwise improperly
				influence the recipient.