Current through Reg. 50, No. 187; September 24, 2024
(1) "Advertisement" or "advertising" shall
mean any written or oral statements to or before the public 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.
(2) 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)
Makes only a partial disclosure of relevant facts, or
(c) Creates false or unjustified expectations
of beneficial assistance, or
(d)
Represents that professional services can or will be completely 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
(e) 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 licensee, or
(f) Contains any representation of a special
area of practice by the licensee which implies that the licensee requires a
superior license or formal recognition by the Board to that granted other
dietitian/nutritionists or nutrition counselors who meet the licensing
requirements of the Dietetics and Nutrition Practice Act, or
(g) States or implies the licensee is a
specialist in any aspect of dietetics/nutrition practice or nutrition
counseling unless the person has completed post-baccalaureate training in the
recognized speciality field including internship, fellowship or alternative
training requirements. The licensee may indicate the services offered and may
state that the practice is limited to one or more types of services when this
is the case, or
(h) States or
implies that the licensee has been certified as a specialist in any aspect of
the practice of nutrition unless he or she has received such certification,
meets the training requirements, includes the name of the certifying agency in
any statement or advertisement claiming certification, and the certifying
agency meets 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 to its members, an internal review and control
process, including budgetary practices and quality assurance management to
ensure effective education, training or testing standards.
4. The organization shall be national in
scope with a central purpose being protecting the health and safety of the
public.
5. The certifying
organization shall be able to demonstrate adequate procedures to ensure that
its examination is of sufficient breadth and scope to cover the speciality
field; that the exams and answers are adequately secured; that prior to testing
it established a standard grading system with pass/fail standards of acceptable
psychometric validity and reliability; that exam proctoring shall be done by
independent proctors, 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; and that 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 documentation of continuing professional education hours as
well as continued practice in the field of certification. These speciality
fields include the American Diabetic Association Certified Diabetic Educators,
persons certified by the American Society of Parenteral and Enteral Nutrition;
and a fellow of the American Society of Clinical Nutrition.
(i) Makes false, unproven, or misleading
claims about the validity, safety, or effectiveness of any dietetic or
nutrition related service, product or test, or
(j) Fails to conspicuously identify the
licensee by name in the advertisement, or
(k) Contains any other representation,
statement, or claim which misleads or deceives.
(3) Any licensee who advertises in the
electronic media must insure that an exact copy of the audio tape or video
tape, as applicable, is maintained and preserved for at least 90 days from the
date the actual advertisement is aired on or shown through the electronic
media.
Rulemaking Authority
468.507 FS. Law Implemented
468.518(1)(g),
(h)
FS.
New 12-4-90, Formerly 21M-50.002, Amended 6-22-94, Formerly
61F6-50.002, Amended 2-20-96, Formerly 59R-44.002, Amended
7-13-16.
