Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
312.019(9)(g),
312.021,
312.991
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
312.021(1) requires that
advertising shall not be false, deceptive, or misleading.
KRS
312.019(9)(g) authorizes the
board to promulgate administrative regulations to regulate forms of advertising
and authorizes the board to establish a seventy-two (72) hour rescission period
for a consumer responding to certain forms of solicitation or advertising. This
administrative regulation establishes limits of permissible professional
advertising to safeguard the public from false or misleading statements and
nuisance type advertising. This administrative regulation also establishes the
forms of solicitation or advertising in which the responding consumer shall be
granted a seventy-two (72) hour rescission period.
Section 1. A licensee may advertise
chiropractic services through any medium if the advertisement is not false,
deceptive, or misleading.
(1) An
advertisement shall include:
(a) If the
business name used in the advertisement has the word "chiropractic" in it, then
additional information shall not be required; or
(b) If the word "chiropractic" is not
included in the name of the business, then the advertisement shall contain the
name of at least one (1) doctor in the office and clearly identify them as a
doctor of chiropractic, or clearly state in some manner that the office is a
chiropractic office. Words or letters designating the particular doctor degree
held by the chiropractor. "D.C." shall designate a doctor of
chiropractic.
(2)
Deviation from these requirements shall first be approved by the
board.
Section 2.
Consumer Rights, Notice.
(1)
(a) The board may choose, in accordance with
this administrative regulation, to require a licensee to place a consumer
notice of a seventy-two (72) hour right of rescission on any advertisement
offering a free or discounted service.
(b) A chiropractor advertising free or
discounted services shall in any advertisement or solicitation provide the
consumer with notice, in print of no less than ten (10) point font, of the
seventy-two (72) hour right of rescission. The notice shall include information
on the form and manner in which the patient shall exercise the right of
rescission.
(2)
(a) Within ten (10) days of a notice of
rescission, the chiropractor shall tender to the consumer any payment made by
the consumer prior to the rescission for an unadvertised service
performed.
(b) If payment had not
yet been made by the consumer for an unadvertised service, the consumer's
account shall not be billed for that service.
(3)
(a) In
order to be effective, the notice of rescission shall be given by the consumer
to the chiropractor within seventy-two (72) hours of the completion of the
advertised free or discounted service or agreement to submit to a series or
course of treatments.
(b) The
notice shall be:
1. In writing; and
2. Express the intention of the consumer to
rescind his or her obligation.
(c) If notice of rescission is given by mail,
it shall be effective if it:
1. Is properly
addressed;
2. Has sufficient
postage affixed; and
3. Is
postmarked.
Section 3.
(1) A written advertisement may be sent or
delivered to an individual addressee only if it is not prompted or precipitated
by a specific event or occurrence involving or relating to the addressee or
addressees as distinct from the general public.
(2) A licensee who advertises a fee for
routine services and accepts the employment shall perform the services for the
amount advertised, and a statement to that effect shall be included in every
advertisement in which a fee is listed.
Section 4. If a complaint is filed with the
board regarding an advertisement of a licensee, the board shall request, and
the licensee shall submit, a copy of the advertisement, including audio or
video if the advertisement is in audio or video medium.
Section 5. A licensee shall post his or her
name on the premises where a chiropractic service is being offered, and the
name(s) of all associate licensees who practice chiropractic on the premises.
The posted names shall be clearly visible to the public at the entrance to the
premises, or on a sign visible outside of the premises, that offers the
delivery of chiropractic services.
STATUTORY AUTHORITY:
KRS
312.019(9),
312.021(1)
