Rules & Regulations of the State of Tennessee
Title 0260 - Chiropractic Examiners
Chapter 0260-02 - General Rules Governing Chiropractic Examiners
Section 0260-02-.20 - ADVERTISING
Universal Citation: TN Comp Rules and Regs 0260-02-.20
Current through April 3, 2024
(1) Policy Statement. The lack of sophistication on the part of many members of the public concerning chiropractic services, the importance of the interests affected by the choice of a chiropractic physician and the foreseeable consequence of unrestricted advertising by chiropractic physicians, which is recognized to pose special possibilities for deception, require that special care be taken by chiropractic physicians to avoid misleading the public. The chiropractic physician must be mindful that advertising by chiropractic physicians is calculated and not spontaneous, reasonable regulation designed to foster compliance with appropriate standards serves the public interest without impeding the flow of useful, meaningful, and relevant information to the public.
(2) Definitions.
(a) Advertisement - Informational
communication, as further defined in rule 0260-02-.01(1), to the public in any
manner designed to attract public attention to the practice of a chiropractic
physician who is licensed to practice in Tennessee.
(b) Material Fact. Any fact which an ordinary
reasonable and prudent person would need to know or rely upon in order to make
an informed decision concerning the choice of practitioners to serve his own
particular needs.
(c) Bait and
Switch Advertising. An alluring but insincere offer to sell a product or
service which the advertiser in truth does not intend or want to sell. Its
purpose is to switch consumers from buying the advertised merchandise, in order
to sell something usually at a higher fee or on a basis more advantageous to
the advertiser.
(d) Discounted Fee
shall mean a fee offered or charged by a person or organization for any product
or service that is less than the person or organization usually offers or
charges for the product or service. Products or services expressly offered free
of charge shall not be deemed to be offered at a "discounted fee."
(3) Advertising Fees and Services.
(a) Fixed Fees. Fixed fees may be advertised
for any service. It is presumed unless otherwise stated in the advertisement
that a fixed fee for a service shall include the cost of all professionally
recognized components within generally accepted standards that are required to
complete the service.
(b) Range of
Fees. A range of fees may be advertised for services and the advertisement must
disclose the factors used in determining the actual fee, necessary to prevent
deception of the public.
(c)
Discount Fees. Discount fees may be advertised if
1. The discount fee in fact is lower than the
licensee's customary or usual fee charge for the service; and
2. the licensee provided the same quality and
components of service and material at the discounted fee that are normally
provided at the regular non-discounted fee for that service.
(d) Related Services and
Additional Fees. Related services which may be required in conjunction with the
advertised service for which additional fees will be charged must be identified
as such in any advertisement.
(e)
Time Period of Advertised Fees. Advertised fees shall be honored for those
seeking the advertised services during the entire time period stated in the
advertisement whether or not the services are actually rendered or completed
within that time.
1. If no time period is
stated in the advertisement of fees, the advertised fee shall be honored for
thirty (30) days from the last date of publication or until the next scheduled
publication whichever is later whether or not the services are actually
rendered or completed within that time.
(4) Advertising Content. The following acts or omissions in the context of advertisement: by any licensee shall constitute unethical and unprofessional conduct, and subject the licensee to disciplinary action pursuant to T.C.A. §§ 63-4-114.
(a) Claims that the services performed,
personnel employed, materials or office equipment used are professionally
superior to that which is ordinarily performed, employed, or used, or that
convey the message that one licensee is better than another when superiority of
services, personnel, materials or equipment cannot be substantiated.
(b) The misleading use of an unearned or
non-health degree in any advertisement.
(c) Promotion of a professional service which
the licensee knows or should know is beyond the licensee's ability to
perform.
(d) Statements that the
licensee is a certified acupuncturist.
(e) Techniques of communication which
intimidate, exert undue pressure or undue influence over a prospective
patient.
(f) Any appeals to an
individual's anxiety in an excessive or unfair manner.
(g) The use of any personal testimonial
attesting to a quality of competence of a service or treatment offered by a
licensee that is not reasonably verifiable.
(h) Utilization of any statistical data or
other information based on past performances or predication of future services,
which creates an unjustified expectation about results that the licensee can
achieve.
(i) The communication of
personally identifiable facts, data, or information about a patient without
first obtaining patient consent.
(j) Any misrepresentation of a material
fact.
(k) The knowing suppression,
omission or concealment of any material fact or law without which the
advertisement would be deceptive or misleading.
(l) Statements concerning the benefits or
other attributes of chiropractic procedures or products that involve
significant risks without including:
1. A
realistic assessment of the safety and efficiency of those procedures or
products; and
2. The availability
of alternatives; and
3. Where
necessary to avoid deception, descriptions or assessment of the benefits or
other attributes of those alternatives.
(m) Any communication which creates an
unjustified expectation concerning the potential results of any
treatment.
(n) Failure to comply
with the rules governing advertisement of fees and services and advertising
records.
(o) The use of "bait and
switch" advertisements. Where the circumstances indicate "bait and switch"
advertising, the Board may require the licensee to furnish to the board or its
designee data or other evidence pertaining to those sales at the advertised fee
as well as other sales.
(p)
Misrepresentation of a licensee's credentials, training, experience or
ability.
(q) Failure to include the
corporation, partnership or individual licensee's name and address and
telephone number in any advertisement. Any corporation, partnership or
association which advertises by use of a trade name or otherwise fails to list
all licensees practicing at a particular location shall:
1. Upon request provide a list of all
licensees practicing at that location; and
2. Maintain and conspicuously display at the
licensee's office, a directory listing all licensees practicing at that
location.
(r) Failure to
disclose that fact of giving compensation or anything of value to
representatives of the press, radio, television or other communicative medium
in anticipation of or in return for any advertisement (for example, newspaper
article) unless the nature, format or medium of such advertisement make the
fact of compensation apparent.
(s)
After thirty (30) days, the use of the name of any licensee formerly practicing
at or associated with any advertised location or on office signs or buildings.
This rule shall not apply in the case of a retired or deceased former associate
who practiced in association with one or more of the present occupants if the
status of the former associate is disclosed in any advertisement or
sign.
(t) Stating or implying that
a certain licensee provides all services when any such services are performed
by another licensee.
(u) Directly
or indirectly offering, giving, receiving, or agreeing to receive any fee or
other consideration to or from a third party for the referral of a patient in
connection with the performance of professional services.
(5) Advertising Records and Responsibility.
(a) Each licensee who is a principal partner,
or officer of a firm or entity identified in any advertisement, is jointly and
severally responsible for the form and content of any advertisement. This
provision shall also include any licensed professional employees acting as an
agent of such firm or entity.
(b)
Any and all advertisements are presumed to have been approved by the licensee
named therein.
(c) A recording of
every advertisement communicated by electronic media, and a copy of any other
form of advertisement shall be retained by the licensee for a period of two (2)
years from the last date of broadcast or publication and be made available for
review upon request by the board or its designee.
(d) Severability. It is hereby declared that
the sections, clauses, sentences and parts of these rules are severable, are
not matters of mutual essential inducement, and any of them shall be exscinded
if these rules would otherwise be unconstitutional or ineffective. If any one
or more sections, clauses, sentences or parts shall for any reasons be
questioned in any court, and shall be adjudged unconstitutional or invalid,
such judgment shall not affect, impair or invalidate the remaining provisions
thereof, but shall be confined in its operation to the specific provision or
provisions so held unconstitutional or invalid, and the inapplicability or
invalidity of any section, clause, sentence or part in any one or more
instances shall not be taken to affect or prejudice in any way its
applicability or validity in any other instance.
(6) Telemarketing.
(a) Telemarketing or telephonic solicitation
by licensees, their employees, or agents to victims of accidents or disaster
shall be considered unethical if carried out within thirty (30) days of the
accident or disaster, and subject the licensee to disciplinary action pursuant
to T.C.A. §§
63-4-114.
(b) Telemarketing transcripts shall be
maintained for a period of two (2) years following their utilization.
(c) A log of contacts must be maintained for
a period of two (2) years following the telemarketing encounter.
Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-4-106, 63-4-114 and 63-4-122.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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