Current through Reg. 50, No. 187; September 24, 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.
(3)
As used in the rules of this Board, the terms "advertisement" and "advertising"
shall mean any statements, oral or written, disseminated to or before the
public or any portion thereof, with the intent of furthering the purpose,
either directly or indirectly, of selling professional services, or offering to
perform professional services, or inducing members of the public to enter into
any obligation relating to such professional services. The terms advertisement
or advertising shall include the name under which professional services are
performed.
Rulemaking Authority
460.405 FS. Law Implemented
456.062,
460.413(1)(d)
FS.
New 1-10-80, Amended 11-25-81, 5-12-83, Formerly 21D-15.01,
Amended 4-19-89, Formerly 21D-15.001, 61F2-15.001, Amended 7-18-95, Formerly
59N-15.001, Amended 9-21-98, 5-20-99, 4-23-00, 11-19-00, 10-24-04, 11-27-05,
11-9-06, 1-27-15.
