Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-9 - Discipline › Section 4734-9-02 - Advertising and solicitation

Current through all regulations passed and filed through July 1, 2024
(A) This rule applies to all forms of
			 chiropractic and acupuncture advertising and solicitation. All advertisements
			 and solicitations shall comply with the provisions of this rule.
(B) Advertising and solicitation means any
			 communication disseminated by any means with the intent, either directly or
			 indirectly, of offering or selling professional services, or offering to
			 perform professional services, or inducing individuals to enter into any
			 obligation relating to professional services or care or goods related thereto.
			 Advertising includes business cards.
(C) No chiropractic physician shall
			 disseminate or cause to be disseminated any advertisement or solicitation that
			 is in any way false, fraudulent, deceptive, or misleading.
(D) Excluding a free consultation, any
			 advertisement or solicitation which offers free or discounted goods or services
			 shall include a disclaimer. The disclaimer shall clearly state specifically
			 what goods or services are discounted or free and what goods or services are
			 not included with the free or discounted services offered. If the advertisement
			 is visual, the disclaimer shall be contained therein. If the advertisement is
			 aural, the disclaimer shall be read. A copy of the disclaimer shall be provided
			 to each patient who responds to an offer prior to the rendering of care and a
			 copy shall be maintained in the patient's file. Additional goods or services
			 that are subject to a charge that are rendered on the same date as free or
			 discounted goods or services are offered shall
			 not be rendered until such charges are disclosed in writing and acknowledged by
			 signature of the patient. A copy of such signed disclosure shall be provided to
			 the patient prior to rendering care and a copy shall be maintained in the
			 patient's file.
(E) All
			 advertisements and solicitations shall include therein the first and last name
			 of a designated chiropractic physician who holds a valid Ohio chiropractic
			 license,
								who has reviewed and approved the content of the advertisement or
			 solicitation.
(F) All
			 advertisements and solicitations shall clearly reveal that the advertisement
			 and/or solicitation is being made on behalf of a chiropractic
			 physician(s).
(G) All
			 advertisements and solicitations shall contain therein one of these exact
			 terms: chiropractic, chiropractor, doctor of chiropractic or chiropractic
			 physician and in at least ten point font or its equivalent if the advertisement
			 or solicitation is visual.
(H) No
			 chiropractic physician who holds a certificate to practice acupuncture issued
			 under Chapter 4734. of the Revised Code may advertise or represent to the
			 public that he or she is engaged in the practice of oriental medicine or
			 utilize any of the titles  in section
			 4762.08 of the Revised
			 Code.
(I) Any trade or fictitious
			 names utilized in connection with the practice of chiropractic and/or
			 acupuncture shall be duly registered with the Ohio secretary of
			 state.
(J) No chiropractic
			 physician shall advertise that he or she will waive the payment of all or any
			 part of a deductible or copayment that a patient, pursuant to a health
			 insurance or health care policy, contract, or plan that covers the
			 chiropractor's services, otherwise would be required to pay, unless the waiver
			 is made:
(1) In compliance with the health
			 benefit plan that expressly allows a practice of that nature. Waiver of the
			 deductibles or copayments shall be made only with the full knowledge and
			 consent of the plan purchaser, payer, and third-party administrator.
			 Documentation of the consent shall be made available to the board upon request,
			 or;
(2) For professional services
			 rendered to any other person licensed pursuant to this chapter, to the extent
			 allowed by this chapter and the rules of the board.